Terms and Conditions
June 9, 2008
Formerly “Terms of Use”
1. GENERAL RULES AND DEFINITIONS
2. BaltimoreOutloud.com CONTENT
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, LETTERS TO THE EDITOR, PHOTOS, AND MORE
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
8. COMMUNICATIONS BETWEEN BaltimoreOutloud.com AND USERS
9. TERMINATION
10. SOFTWARE LICENSES
11. MISCELLANEOUS
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use BaltimoreOutloud.com, or any of the features of this site, including but not limited to RSS, API, widget downloads, form submissions, “Contact Us” pages, iCalendar data, Podcast Content and/or Podcast Service links, (the “Service”), subscriber mailing list, you will be agreeing to abide by all of the terms and conditions of these Terms and Conditions between you and Baltimore OUTloud on the Web (“BaltimoreOutloud.com”), an Internet service of Pride Media Limited (“Pride Media, LTD.”) (the “Service”).
1.2 BaltimoreOutloud.com may change, add or remove portions of these Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT USE BALTIMOREOUTLOUD.COM OR ANY OF ITS SERVICE. IF YOU ARE MAILING LIST SUBSCRIBER YOU MAY CANCEL YOUR MAILING LIST MEMBERSHIP AND ALL MEMBERSHIP PRIVELAGES OF BALTIMOREOUTLOUD.COM BY SENDING E-MAIL TO: cancel@BaltimoreOutloud.com (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 BaltimoreOutloud.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. BaltimoreOutloud.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. BaltimoreOutloud.com CONTENT
2.1 The contents of BaltimoreOutloud.com and any of its affiliated activity on third-party Websites (“Social Networking” websites, “Weblogs”) for marketing purposes, link exchanges, customer relations, advertising or other use are intended only for your personal, noncommercial use. All materials published on BaltimoreOutloud.com (including, but not limited to news articles, PDF documents, photographs, images, illustrations, audio clips and video clips, RSS Service and RSS Content, RSS Podcast Service and Podcast Content, and iCalendar data, also known as the “Content”) are protected by copyright, and owned or controlled by Pride Media Limited, BaltimoreOutloud.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms and Conditions), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The New York Times Rights and Permissions Department, or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Service is owned, licensed, or provided free of charge to BaltimoreOutloud.com. Certain Content is furnished by third-party news providers (carrier/producer/owner), which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 RSS. BaltimoreOutloud.com’s RSS (the RSS Service) consists of news and information (the “RSS Content”) that may be downloaded to your computer and/or transferred to other websites. You may download or copy the Content and other downloadable items displayed on the RSS Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Pride Media, LTD., its officers, or the copyright holder identified in the copyright notice contained in the Content.
Pride Media, LTD. does not provide, warrant, or recommend use of the BaltimoreOutloud.com RSS Service in any manner other stated, and shall not be held liable for any use or delay in the transmission of all RSS Content or any part therof, or for any damages arising therefrom.
Ownership: BaltimoreOutloud.com’s RSS Content are protected by U.S. and international copyright laws. RSS items are owned by Pride Media Limited, all rights including copyright to the RSS Content, or to the logos and trademarks used in connection with any RSS Service. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You may not edit or modify the RSS Content or redistribute the RSS Content in any manner other than supplied by BaltimoreOutloud.com.
Right to Discontinue RSS Service: BaltimoreOutloud.com reserves the right to discontinue providing any or all of the RSS Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS Content for any reason including, without limitation, your violation of any provision of these Terms and Conditions.
2.6 Podcasts. BaltimoreOutloud.com’s podcasting service (the “Podcast Service”) consists only of links to third-party produced news and information files (the “Podcast Content”) that may be downloaded to your computer and/or transferred to your portable MP3 player. BaltimoreOutloud.com does not provide, warrant, or recommend use of Podcast content in any way other than those stated by the carrier/producer/owner, and shall not be held liable for any use other than that recommended by the Podcast Service owner/carrier/producer.
Pride Media Limited assumes no liability for any of your activities in connection with any referenced Podcast Content and/or Service links, and/or furnished Content, or for your use of the aforementioned Services and/or Content in connection with your Web site, computer or MP3 player, or other device.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, CALENDAR POSTS, AND MORE
3.1 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of Pride Media, LTD., distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.2 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: comments, messages, reviews, text, shared images, video, audio, and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Pride Media Limited and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made, including logos and advertising in calendar posts, may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.3 You grant Pride Media, LTD. a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for BaltimoreOutloud.com or any third party Pride Media Limited designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted or submitted by you on or to BaltimoreOutloud.com or any other Web site owned by Pride Media, LTD., including any Submission posted on BaltimoreOutloud.com through a third party.
3.4 You are solely responsible for the content of your Submissions. However, while BaltimoreOutloud.com does not and cannot review every Submission and is not responsible for the content of these messages, BaltimoreOutloud.com reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.5 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 BaltimoreOutloud.com contains links to other related World Wide Web Internet sites, resources, and sponsors of BaltimoreOutloud.com. Since BaltimoreOutloud.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Pride Media, LTD. and BaltimoreOutloud.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms and Conditions or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Pride Media, LTD. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither Pride Media, LTD. nor BaltimoreOutloud.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
6. LIST REGISTRATION AND SECURITY
6.1 As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person’s authorization; or (iii) use a Member ID that BaltimoreOutloud.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of BaltimoreOutloud.com.
6.2 (a) You shall notify help-admin@BaltimoreOutloud.com of any known or suspected unauthorized use(s) of your account.
6.3 You must be 13 years or older to subscribe to our mailing list.
6.4 You are responsible for all usage or activity on your BaltimoreOutloud.com account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership services, at BaltimoreOutloud.com’s sole discretion, and BaltimoreOutloud.com may refer you to appropriate law enforcement agencies.
8. COMMUNICATIONS BETWEEN BaltimoreOutloud.com AND MEMBERS
8.1 BaltimoreOutloud.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 BaltimoreOutloud.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy at http://www.baltimoreoutloud.com/privacy of BaltimoreOutloud.com.
9. TERMINATION
9.1 You may terminate your account at any time by sending e-mail to: cancel@BaltimoreOutloud.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours.
9.2 BaltimoreOutloud.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms and Conditions.
10. SOFTWARE LICENSES
10.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by BaltimoreOutloud.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
11. MISCELLANEOUS
11.1 These Terms and Conditions have been made in and shall be construed and enforced in accordance with Maryland law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Maryland.
11.2 Notwithstanding any of the foregoing, nothing in these Terms and Conditions will serve to preempt the promises made in Pride Media Limited Privacy Policy located at http://www.baltimoreoutloud.com/privacy
11.3 Correspondence should be sent to publisher@BaltimoreOutloud.com.
11.4 You agree to report any copyright violations of the Terms and Conditions to Pride Media Limited as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in BaltimoreOutloud.com service, please notify editor@BaltimoreOutloud.com. (Please direct all general questions to editor@BaltimoreOutloud.com.)