Monday, July 25, 2011
WI - Milwaukee, General Mitchell International Airport
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- Temperature: 73.4 °F
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Mon, 07/25/2011 - 10:52
Terms of service
Updated as of January 2, 2010
1. Your Acceptance
A. By using or visiting this website (collectively, including all content and functionality available through CityAndPress.com domain name, the "City And Press Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) City And Press's privacy notice, found at http://milwaukee.cityandpress.com/site/privacy-policy and incorporated here by reference. If you do not agree to any of these terms or City And Press privacy notice, please do not use City And Press Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://milwaukee.cityandpress.com/site/terms-service (this document). City And Press may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. City And Press Website
A. These Terms of Service apply to all users of City And Press Website, including users who are also contributors of content, information, and other materials or services on the Website. City And Press Website includes all aspects of City And Press, including but not limited to all products, software and services offered via the website such as comments, recommendations, and other applications.
B. City And Press Website contains links to third party websites that are not owned or controlled by City And Press. City And Press has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, City And Press will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve City And Press from any and all liability arising from your use of any third-party website.
3. City And Press Accounts
A. In order to access some features of the Website, you will have to create a City And Press account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify City And Press immediately of any breach of security or unauthorized use of your account.
B. Although City And Press will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of City And Press or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
City And Press hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to City And Press servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, City And Press grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. City And Press reserves the right to revoke these exceptions either generally or in specific cases.
B. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website, such as comments or messages, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
C. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
D. City And Press reserves the right to discontinue any aspect of the City And Press Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on City And Press Website.
A. You may access City And Press Content, User Submissions and other content only as permitted under this Agreement. City And Press reserves all rights not expressly granted in and to the City And Press Content and the City And Press Service.
B. You understand that when using the City And Press Website, you will be exposed to User Submissions from a variety of sources, and that City And Press is not responsible for the accuracy, usefulness, or safety of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against City And Press with respect thereto, and agree to indemnify and hold City And Press, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a City And Press account holder you may submit textual content (“Articles” and "User Comments"). Articles and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, City And Press does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
C. Your User Submissions on City And Press are licensed under a Creative Commons Attribution 3.0 License. This means anyone can copy, distribute, transmit, and adapt your User Submissions.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant City And Press all of the license rights granted herein.
E. City And Press does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and City And Press expressly disclaims any and all liability in connection with User Submissions. City And Press does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and City And Press will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. City And Press reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. City And Press will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. City And Press reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, defamatory material. City And Press may remove such User Submissions and/or terminate a User's access for publishing such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Copyright Notifications
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing City And Press with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information must be submitted in using City And Press's contact form, found at http://milwaukee.cityandpress.com/form/contact
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to City And Press:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court in Montreal, Quebec, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Information must be submitted in using City And Press's contact form, found at http://milwaukee.cityandpress.com/form/contact.
If a counter-notice is received, City And Press may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at City And Press's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF CITY AND PRESS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY AND PRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CITY AND PRESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CITY AND PRESS WEBSITE. CITY AND PRESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CITY AND PRESS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CITY AND PRESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL CITY AND PRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CITY AND PRESS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CITY AND PRESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by City And Press from its facilities in Canada. City And Press makes no representations that the City And Press Website is appropriate or available for use in other locations. Those who access or use City And Press Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless City And Press, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to City And Press Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of City And Press Website.
12. Ability to Accept Terms of Service
You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by City And Press without restriction.
14. General
You agree that: (i) City And Press Website shall be deemed solely based in Quebec, Canada; and (ii) City And Press Website shall be deemed a passive website that does not give rise to personal jurisdiction over City And Press, either specific or general, in jurisdictions other than Quebec, Canada. These Terms of Service shall be governed by the internal substantive laws of the Province of Quebec, without respect to its conflict of laws principles. Any claim or dispute between you and City And Press that arises in whole or in part from City And Press Website shall be decided exclusively by a court of competent jurisdiction located in Montreal, Quebec. These Terms of Service, together with the Privacy Policy at http://milwaukee.cityandpress.com/site/privacy-policy and any other legal notices published by City And Press on the Website, shall constitute the entire agreement between you and City And Press concerning City And Press Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and City And Press's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. City And Press reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of City And Press Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CITY AND PRESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CITY AND PRESS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.