TERMS OF SERVICE FOR THE VALLEY HEADLINER LLC

1. GENERAL RULES AND DEFINITIONS

1.1 By using The Valley Headliner and brvnews.com service (the "Service"), you are agreeing to abide by all of the terms and conditions of this Agreement between you and The Valley Headliner LLC and brvnews.com.

1.2 The Valley Headliner and brvnews.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail if requested.

2. THE VALLEY HEADLINER AND BRVNEWS.COM CONTENT SUBMISSIONS

2.1 The contents of The Valley Headliner and brvnews.com Internet service are intended for your personal, noncommercial use. All materials published on brvnews.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by The Valley Headliner and brvnews.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 this Agreement), 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 brvnews.com 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 Valley Headliner and/or brvnews.com, or the copyright holder identified in the copyright notice contained in the Content.

2.4 You retain your ownership rights to material you post; however, by posting or uploading content such as text, images, audio and video works, you grant The Valley Headliner and brvnews.com perpetual license to reproduce your content on brvnews.com, and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.

3. FORUMS AND DISCUSSIONS

3.1 You shall not upload to, or distribute or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

3.2 (a) Always be courteous. You agree that you will not threaten or verbally abuse other Readers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."

(b) Use respectful language. Like any community, the Forums flourish only when our Readers feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.

(c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. The Valley Headliner and brvnews.com encourages active discussions in our Forums. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.3 The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of The Valley Headliner or brvnews.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.4 You are solely responsible for the content of your messages. However, while The Valley Headliner and brvnews.com does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, The Valley Headliner and brvnews.com com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.5 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by The Valley Headliner and brvnews.com online or in any other The Valley Headliner owned publication. You waive any moral or copyrights you may have and permit the material to be altered or changed in a manner not agreeable to you.

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

4.1 The Valley Headliner and brvnews.com contains links to other related World Wide Web Internet sites, resources, and sponsors of The Valley Headliner and brvnews.com. Since The Valley Headliner and brvnews.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 through your account 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 The Valley Headliner and brvnews.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 this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Valley Headliner and brvnews.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 The Valley Headliner and brvnews.com does not 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. SOFTWARE LICENSES

6.1 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 The Valley Headliner and brvnews.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

7. MISCELLANEOUS

7.1 Any action to enforce this agreement shall be brought in the federal or state courts of Utah.

7.2 Correspondence should be sent via email to: valleyheadliner@gmail.com or by mail: The Valley Headliner P.O. Box 50 Tremonton, UT 84337

8. DIGITAL MILLENNIUM COPYRIGHT ACT

8.1 You agree to report any copyright violations of the User Agreement to The Valley Headliner and brvnews.com as soon as you become aware of them.  Our policy is to respond to notices of alleged copyright infringement as described in the Digital Millennium Copyright Act. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users.

8.2 Notification – If you are a copyright owner and hold a good faith belief that your copyright is being violated on the Service, you may submit a Notification of Violation (“Notification”) that complies with the Digital Millennium Copyright Act to the following address: or by mail: The Valley Headliner P.O. Box 50 Tremonton, UT 84337

The Notification must include the following:

1. Identification of the allegedly infringed work(s)

2. Identification of the allegedly infringing work(s) and specific reference to its location on the Service

3. Contact information including address, telephone number, and email address

4. Your signature, physical or electronic

The Notification shall also include the two following statements:

1. “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

2. “I swear that the information in the notification is accurate and that under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

We may require you to submit a signed document so stating.

Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to The Valley Headliner and brvnews.com the alleged infringer, and the affected copyright owner for any damages incurred with the removal, blocking, or replacement of allegedly infringing material.

The Valley Headliner and brvnews.com will forward DMCA Notification(s) to the appropriate user.  If a Notification has been filed against you, you have the opportunity for counter notification under the DMCA.  Your counter notification must be sent to the contact listed above and must satisfy the requirements located in §512(g)(3) of the Copyright Act.

If you believe a The Valley Headliner and brvnews.com user has violated some other intellectual property right, please send an email to: valleyheadliner@gmail.com or by mail: The Valley Headliner P.O. Box 50 Tremonton, UT 84337

 

THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE.  YOU MAY WISH TO CONSULT WITH AN ATTORNEY.