Subscriber/User Terms and Conditions of Service
Terms and Conditions of Use of all The Patriot Post Web sites and publications
“The first thing we do, let's kill all the lawyers.” — Shakespeare's King Henry the VI, pt.4
IMPORTANT! These Terms and Conditions (“Terms and Conditions”) shall govern the use of (i) this Web site, PatriotPostShop.com, EssentialLiberty.US, or any other web sites maintained by Publius Press, Inc. or any of its affiliates (referred to hereinafter collectively as the “Web sites”, and, individually, each a “Web site”) and/or (ii) The Patriot Post, or any other publications of Publius Press, Inc. or any of its affiliates (referred to hereinafter collectively as the “Publications” and each, individually, as a “Publication”). By using any of these Web sites, including, but not limited to purchasing goods or services from any of the Web sites, or subscribing to The Patriot Post or any other Publications, you (“User” or “You”) agree with Publius Press, Inc. and its affiliates (the “Company”) to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please exit the Web site and do not use or purchase anything from the Web site. These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of a Web site or the Publications after such changes are implemented constitutes your acceptance of the changes. If any future changes are unacceptable to you, you may cancel your subscription by following the instructions to unsubscribe as noted in every edition. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated in November, 2011.
The Web sites are intended for use by those users over the age of 13. If You are not older than 13, You may not use the Web sites.
1. Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web sites and the Publications solely for User's personal educational, informational, and entertainment use. User will not use the Web sites or the Publications for any other purpose, including, without limitation, any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) co-brand a Web site or Publication or any portion thereof, or (ii) frame a Web site or any portion thereof (whereby the Web site or any portion thereof will appear on the same screen with a portion of another Web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute a Web site or Publication or content accessible within the Web site or in the Publication (the “Content”). User agrees to cooperate with the Company in causing any unauthorized co-branding, framing or linking to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the Content is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content, including, without limitation, all copyright and trademark rights associated with the Content. Accordingly, User will not reproduce, reprint, transmit, forward, publish, display, post, distribute or otherwise provide access to such Content to any third party without the express written consent of the Company or the applicable content provider, except that User may forward, post, reprint, download or copy a limited amount of Content solely for User's personal or non-commercial use. In doing so, User will not modify the Content or remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. The mark “The Patriot Post” is a federally registered trademark of the Company. User shall not create abstracts from, scrape or display headlines from any Content for use on another Web site or service. User may not use (other than for personal or non-commercial use) any of the Company's trademarks, logos or graphics without the Company's express prior written consent.
REPRINTING, FORWARDING AND POSTING POLICY: Subject to and in accordance with these Terms and Conditions, User may reprint, forward, post, or otherwise distribute Content, provided User includes the following citation: The Patriot Post (PatriotPost.US). Any User forwarding, posting, reprinting or otherwise distributing Content from the Web sites or Publications, in whole or in part, does so at such User's own risk and assumes full responsibility for any claims, demands, causes of action, actions, damages, liabilities, fines, penalties, and expenses that arise out of or result from such forwarding, posting, reprinting or distributing.
User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files sent by e-mail or available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. It is the sole responsibility of the User to have appropriate viral detection software in order to determine that e-mail, e-mail attachments or Web site downloads from the Company do not contain viruses. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet, or the Company's Web sites or Publications, or any products purchased or provided from the Company's PatriotPostShop.com online store or any other Web site. User expressly agrees that the use of the Company's Web sites or Publications, or products purchased or provided from the Company's PatriotPostShop.com online store or any other Web site, is at User's sole risk.
Only with written permission of the Company, may any content from the Company's Web sites or Publications, or products purchased or provided from the Company's PatriotPostShop.com online store or any other Company Web site, be resold by or through any online retailer, vendor or auctioneer.
THE WEB SITES, PUBLICATIONS, CONTENT AND ALL OTHER PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY THE COMPANY ARE DISTRIBUTED, OFFERED OR OTHERWISE MADE AVAILABLE ON AN “AS IS” BASIS, SUBJECT TO THE COMPANY'S RETURN POLICY FOR PRODUCTS SOLD ON THIS WEB SITE OR ANY OF THE OTHER WEB SITES IN EFFECT AT THE TIME OF SALE (“RETURN POLICY”). EXCEPT AS EXPRESSLY PROVIDED IN THE RETURN POLICY, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT, PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEB SITES OR THE PUBLICATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE WEB SITES, PUBLICATIONS, CONTENT OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEB SITES IS AT USER'S SOLE RISK. NEITHER THE COMPANY, NOR ITS PUBLISHER, NATIONAL ADVISORY COMMITTEE, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE WEB SITES, PUBLICATIONS OR CONTENT ARE ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITES, PUBLICATIONS, CONTENT OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEB SITES, OR AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT.
Information posted on syndicated opinion pages, reader-submitted commentary, reader forums, comment pages, blogs, or similar portions of a Web site (“Forums”) is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not post any of the following material in any Forum:
material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
material for which User does not have the right to post, including, without limitation, material which infringes on the rights of third parties, including, but not limited to, copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights;
material which is false;
material which advocates illegal activity or discusses an intent to commit an illegal act;
material for advertising or commercial solicitation;
material which contains a virus or other harmful code or device;
material which is vulgar, obscene, pornographic, indecent, lewd, violent, abusive, threatening, harassing, discriminatory or which constitutes hate speech; or
material which does not pertain directly to the subject matter of the particular forum.
User will not (i) select or use a user name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that the Company, in its sole discretion, deems offensive. In addition, User will not use the Forum to distribute chain letters, mass mailings or spam or to gather e-mail addresses for the purpose of sending spam to other users of the Forums. Any conduct by User that, in the Company's opinion, restricts or inhibits any other user from using or enjoying a Web site will not be permitted. User acknowledges and agrees that the Company, in its sole discretion, may at any time for any reason or no reason suspend, terminate, or restrict the User's access to or use of the Web sites, or any portion thereof, with or without notice, unless otherwise prohibited by applicable law.
The Company reserves the right (but not the obligation) to monitor Forums to determine compliance with these Terms and Conditions, as well as the right to remove or refuse to post any posting, including, without limitation, any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of User's postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums and that the Company cannot verify the accuracy of statements that users post on the Forums and does not guarantee that any material has been posted with permission of the copyright or proprietary owner or is otherwise in compliance with these Terms and Conditions.
Further, User hereby grants to Company a royalty-free, perpetual, irrevocable, paid up, non-exclusive right and license to use, reproduce, reprint, transmit, post, forward, modify, adapt, publish, sublicense, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
5. Additional Use Limitations.
User is prohibited from violating or attempting to violate any security features of the Web sites, including, without limitation, (i) accessing content or data not intended for User, or logging onto a server or account that User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Web sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to any of the Web sites, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Web sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of the Web sites without the Company's prior written permission; (vi) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Web sites. Any violation of system or network security may subject User to civil and/or criminal liability.
The Company may investigate reports of abuse or misuse and, if appropriate, limit or prohibit User's use of the Web sites or modify User's user profile to reflect its determinations. User agrees that the Company may access User's account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Web sites. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate User's account or User's access to the Web sites immediately, with or without notice to User, if the Company believes User has violated any of these Terms and Conditions, furnished the Company with false or misleading information, or interfered with use of the Web sites by others. All determinations are final and are made at the Company's sole discretion. In agreeing to these Terms and Conditions, You agree to participate in investigations and be bound by the Company's determinations. If the Company, in its sole discretion, determines that a violation of these Terms and Conditions has occurred, or if the Company believes that User's actions may cause legal liability for User, the Company or the Company's other customers, the Company may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any posted material from the Web sites, suspending or canceling User's account, releasing User's information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any of these Terms and Conditions. The Company may cooperate with any investigation by any federal, state, or local body or any court or tribunal. Such cooperation may be with or without notice to User. The Company will take each reported account into consideration during the investigation process before making a decision.
6. User Responsibilities.
User is responsible for complying with these Terms and Conditions, any modifications to these Terms and Conditions, and any other rules and regulations of which the Company gives User notice. User is responsible for obtaining and using all computer hardware and software required for access to and the use of the Web sites, the Publications and the Forums. User is also responsible for ensuring that User's use of the Web sites does not violate any applicable laws, rules, or regulations.
As a User with an account under User's name and/or e-mail address, User is personally responsible for any and all uses of the Web sites, the Publications or the Forums made using User's account identification, including, without limitation, the payment of all fees and charges associated in any way with the use of the Web sites, the Publications or the Forums, whether or not such use is made by User personally or by a third party using User's account identification. User is responsible for protecting and securing User's account identification and password from unauthorized use and disclosure. In the event that User becomes aware of or believes that there has been any theft or unauthorized use of User's account identification, password or payment information, User must immediately notify the Company.
User hereby certifies to the Company that User is an individual and is not a business or institution. User also certifies to the Company that User has and will continue to provide complete, accurate and current information required by the Company to become a User, including, without limitation, User's name, e-mail address, physical address, telephone number and applicable payment information such as User's credit card number and expiration date. User will notify the Company within ten (10) days of any change in User's information. If User provides any information that is false, misleading, inaccurate, not current or incomplete during the registration process or otherwise or does not fully comply with these Terms and Conditions, the Company reserves the right to suspend or terminate User's right to use the Web sites, the Publications, or the Forums.
7. Limitation on Liability.
The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, punitive, or special damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the aggregate amount User has paid to the Company for the applicable Content or product or service out of which liability arose.
User will indemnify and hold the Company, its publisher, national advisory committee, licensors, licensees, content providers, service providers, contractors, officers, directors, shareholders, employees, affiliates, and agents (the “Indemnified Parties”) harmless from any claim, demand, loss, liability, award, judgment, damage or expense (including costs of investigation and defense and reasonable attorneys' fees), whether or not involving a third-party claim, arising, directly or indirectly, from or in connection with: (a) any breach of these Terms and Conditions by User, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions; (b) the forwarding, posting, reprinting or distribution by User of any Content or Publications; or (c) the posting of any and all materials by User on the Forums or the use of such materials in the Company's Publications. The remedies provided in this Section 8 will not be exclusive of or limit any other remedies that may be available to the Company or the other Indemnified Parties.
9. Links to Third Party Web sites.
The Web sites contains links to Web sites not under the control of the Company. The Company provides these links simply as a convenience to the User; this convenience should not be considered as an endorsement by the Company of the content, operators, products, or services of or available on or through such sites, and the Company does not make any representation or warranty as to the accuracy, quality, completeness, availability, or any other aspect of the information, content, operators, products or services of, or available on, from or through, such sites. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such information, content, operators, products or services of, or available on, from or through, such sites.
10. Links to the Web sites.
The Company encourages and permits links to Content on the Web sites. However, the Company is an organization committed to the highest ethics and standards, both in fact and appearance. Therefore, the linking should not (a) suggest that the Company promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use the Content for inappropriate commercial purposes. The Company reserves the right to withdraw permission for any link.
11. International Users.
The Web sites are controlled and operated within the United States. The Company makes no representation that Content, materials or products available on or through the Web sites or the Publications are appropriate or available for use outside of the United States. If User accesses the Web sites or the Publications from a location outside the United States, User is responsible for compliance with applicable laws, including, without limitation, the export laws and regulations of the United States.
12. Fees and Charges
All fees quoted in the Web sites are in U.S. Dollars. User is responsible for paying all taxes, including any and all applicable sales, income, excise, import, export, VAT and other taxes or duties associated with any products, subscriptions or services purchased through the Web sites.
By ordering a product, subscription, or service offered through the Web sites, User authorizes the Company to charge User's credit card account (or other payment option) the applicable charges for such product, subscription, or service.
13. Modifications of Site.
User understands and agrees that the Company may discontinue or change the Web sites (or any feature thereof) at any time, without notice. The Company reserves the right to change or discontinue, temporarily or permanently, some or all of the products, subscriptions, and/or services offered through the Web sites at any time with or without notice. In the event the Company introduces a new product, subscription, or service, the fees for that product, subscription, or service are effective at the launch of the product, subscription or service. The Company may also choose to temporarily lower the fees for its products, subscriptions, and/or services for promotional events, and such changes are effective when the Company posts information about the promotional event on the Web sites. Additionally, the Company may change the fees for the products, subscriptions, services at any time and in the Company's sole discretion.
15. Copyright Agent.
The Company respects the intellectual property of others, and the Company asks each User to do the same. If User believes that User's work has been copied in a way that constitutes copyright infringement or that there is infringing material available on or through the Web sites, please provide the Company's Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that User claims has been infringed;
c. A description of where the material that User claims is infringing is located on the Web sites;
d. User's address, telephone number, and email address;
e. Statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by User, made under penalty of perjury, that the above information in User's Notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for Notice of claims of copyright infringement on the Web sites can be reached by directing an e-mail to the Copyright Agent at Legal1@PatriotPost.US.
The opinions expressed in The Patriot Post are not necessarily those of the Company.