Terms Of Service PDF Print E-mail
Written by Jeffrey Tooke   
Thursday, 31 May 2007

This Agreement contains the complete terms and conditions that apply to your participation as an user/subscriber on the Spectrum Community News (spectrumwny.com)  website.

By registering with the Spectrum Community News (spectrumwny.com) site, you are stating that you have read and understood the terms of the terms herein, and agree to be legally bound by the terms.

1. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Sectrumwny.com registration and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for to terminate this Agreement.

2. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Website or by e-mail to your address in our records. Modifications may include, but not limited to, changes in the scope of available features and rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation on the Spectrumwny.com site, following our posting of a change notice or new agreement on our Website, will constitute binding acceptance of the change.

3. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or our website, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and our website will not exceed the total subscription fees paid under this Agreement.

4. Disclaimers

We make no express or implied warranties or representations with respect to our website or any products sold through our website (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

5. Indemnification.

You hereby agree to indemnify, defend and hold harmless Spectrum Community News (spectrumwny.com) and Union Place Media, its members, managers, shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on  any claim related to your use of the site.

6. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

7. Miscellaneous

This Agreement will be governed by the laws of the United States of America and New York State, without reference to rules governing choice of laws.  Any action relating to this Agreement must be brought in the courts located in Erie County, New York, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, work to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

8. Payments

Any payments made to Spectrum Community News/Spectrum.wny or Union Place Media are not tax deductible.  Purchases of online ads may only be cancelled by the customer within two weeks of the purchase, during which a prorated amount will be charged for the duration that the ad had been active and displayed.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.  YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Last Updated ( Thursday, 31 May 2007 )
 

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