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Welcome you to our site. These are the terms and conditions of
your use of Beacon Journal Digital, your interactive, electronic
newspaper.
This is the legal stuff. We know it is long, but it’s important.
We ask that you review it thoroughly because it constitutes a binding license
agreement that conditions your use of Beacon Journal Digital.
We have tried to avoid confusing language and unnecessary legal
verbiage. We hope that you understand that we are simply trying to protect our
rights in order to provide you with access to Beacon Journal Digital,
your interactive electronic newspaper.
1. Responsible conduct. You agree to act
responsibly at this site and to treat other visitors with respect.
2. Limited License/ Copyright and Intellectual Property Law
Restrictions. Except for public domain material, the content on
this site is protected by intellectual property laws, including U.S. copyright
laws. You are hereby granted a non-exclusive license to use the material at
this site ("Content") while connected to this site (including, where available,
to email individual stories to friends directly from this site). You are also
granted a limited license to print copies of any content posted at the site,
but only for your personal use. Except as expressly provided above, all rights
are reserved. Among other things, except to the extent required for the limited
purpose of reviewing material on our site and for uses explicitly authorized
herein, electronic reproduction, adaptation, distribution, performance or
display is prohibited. Changes to or deletion of author attribution or
copyright notices are prohibited. Commercial use of any of the content is
strictly prohibited. Use of any of our trademarks as metatags on other web
sites also is strictly prohibited. You may not display this website in frames
(or any of the content via in-line links) without our express written
permission, which may be requested by contacting us at
bjd@thebeaconjournal.com. You may, however, establish ordinary links to
our site without our written permission.
3. Links. We may provide links from our site as
a convenience to our visitors. We have no control over linked sites and make no
representations about any content or material available at these locations.
Links are not intended to imply sponsorship, affiliation or endorsement. If you
believe that we have provided a link to a site that contains infringing or
illegal content or which makes available cracker tools or other circumvention
devices, we ask that you notify us so that we may evaluate whether (in our sole
discretion) to disable it.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT
YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT
ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE
AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT
VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES.
5. Modifications/ Termination. Our employees
are not authorized to vary the terms of this Agreement. You agree that we may
modify the terms of this Agreement (or discontinue this site) in our sole
discretion, without advance notice, and that your right to access this site is
conditioned on an ongoing basis with your compliance with the then-current
version of these Terms and Conditions. You should therefore visit this page
frequently. This Agreement is effective until terminated. This Agreement will
terminate automatically upon your failure to comply with any of the limitations
described herein. On termination, you must, at The Beacon Journal’s option,
return or destroy all copies of the Beacon Journal Digital, any and
all copies of the content contained therein, and any documentation provided by
The Beacon Journal and any copies thereof.
6. Jurisdiction. This Web site is hosted on
servers located in Ohio and is intended to be viewed by residents of the United
States. In the event of any dispute arising out of or relating to this site,
you agree that the exclusive venue for litigating disputes shall be in state or
federal court in San Jose, California.
7. License Restrictions. Unauthorized
downloading and/or copying of the Beacon Journal Digital, any and all
content contained therein, or the written materials accompanying the Beacon
Journal Digital is expressly forbidden. You will be held legally
responsible for any copyright or other infringement which is caused, permitted,
facilitated or encouraged by your failure to abide by the terms of this
Agreement.
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When does use of this site result in collection of my personally identifiable
information?
When you register at this site or one of its services, we may
collect personally identifying information from you. The more information you
provide, the better we are able to customize our services and your experience
to suit your needs and preferences. For example, we may ask you for a username,
password, e-mail address and zip code. Other sites and specific services may
have different registration processes, and may require you to provide
additional personally identifying information such as your address, phone
number and gender. In addition to registration, we may collect personally
identifying information from you when you enter contests, and sweepstakes,
participate in promotions and special programs, register for premium or
customized services, make a purchase at one of our merchants or partners,
subscribe to one of our print papers or magazines, or download a software
product or plug-in. If you are making a purchase or enrolling in a premium
service for which there is a fee, we will collect your credit card, billing
address, and other verifying information. In addition, we may collect
personally identifying information from you when you provide content to us for
display or use on one or more of our sites, including but not limited to, when
you participate in user surveys, post messages to bulletin boards or chat
areas, submit personals or other classified listings, build a home page, report
a problem with one of our sites or services, or submit a letter to the editor.
How is my personally identifying information used?
Our main goal is to provide you with a customized and targeted
user experience. For instance, your personally identifying information enables
us to greet you when you return to a site or service, and provide you with news
and services we think will be of interest to you. We may review our users’
preferences, demographics, traffic patterns, and other information in the
aggregate so that we can better understand whom our audience is and what it is
you want. Tracking user preferences may also help us serve you targeted
advertising. Targeted advertisements are probably more interesting for you, and
are more productive for our advertisers. If a local grocery market wants to
advertise an upcoming sale, we can target the ad to registered users who live
near that grocery market. Please note that we do not share your personally
identifying information with the advertiser. We or third party ad servers
acting on our behalf may act as the middleman between you and the advertisers
that want to reach you. (Third party ad servers are not entitled to collect or
use your personally identifying information). We may use the information we
collect in non-intrusive common sense ways, like using your credit card number
to provide you with products and/or services that you request. All credit card
information is transmitted in an encrypted form, using SSL (secure socket
layer) encryption, the industry-standard. Although, we will use all reasonable
efforts to safeguard the privacy of your personal information, transmissions
made by means of the Internet cannot be made absolutely secure. We assume no
liability for disclosure of data due to errors in transmission or unauthorized
third parties.
Finally, if you register for one or more of our sites or
services, from time to time, we may send information to you via e-mail about
our products and services, or third party products and services we believe may
be of interest to you. If you do not wish to receive these mailings, you can
simply check off the appropriate box when you register, or update your profile
at any time after registration so you no longer receive such offers and
mailings. Please check the registration screens applicable to the service,
promotion, or product offering for which you are signing-up for specific
instructions on how to update your user profile and/or opt out of receiving
offers and mailings. Also, please remember that third party vendors may also
sell products and services on our sites, and their policies may differ from
ours.
What other information do you collect and how is it used?
Cookies. We may use cookies to store and track
your preferences to provide you with a more personalized user experience. A
cookie is a message that is sent to your browser from a Web server and stored
on your computer’s hard drive. Most Internet sites use cookies. You can set
your browser preferences to reject all cookies (see below) but then you will
not be able to participate in most customized services, and you may be required
to repeatedly type in your personally identifying information in order to
participate in various services, promotions, or product offerings. Cookies make
your experience easier by saving your preferences, purchases, and passwords. We
may also use cookies that contain no personal information at all. These cookies
help us estimate our audience size, determine which areas of the site are the
most popular, and serve targeted advertising.
IP Address. We may also collect IP addresses
for the purposes of systems administration or to report information in
aggregate form to our advertisers (e.g. how many visitors logged in to a
specific site). An IP address is a number that is assigned to your computer
automatically when you use the Internet. When you visit a particular web page
of ours, our servers may log your IP address. Your IP address is not linked to
anything personally identifiable.
With whom do you share information?
In general, we will not disclose your personally identifying
information to third parties except to the extent necessary to provide you with
a requested product or service, or under circumstances required by law. We may
disclose some of your personal information (such as an e-mail address) to third
parties that provide services you elect to use, but we will notify you of such
disclosure prior to transferring the data. If you make a purchase from one of
our merchants, the information you provide in connection with that purchase is
provided to that merchant in order to facilitate that transaction. Any
personally identifiable information you provide online as part of an advertiser
promotion (e.g. online coupons) may be provided directly to advertisers.
In general we will only disclose your personally identifiable
information to the extent necessary to complete the transaction, administer the
promotion, or fulfill the request. However, specific uses of personal
information that vary from this Privacy Statement may be found the in the Terms
of Service or privacy policies applicable to that particular service or
offering. In addition, third party sponsors may administer sweepstakes,
contests, promotions, and other programs. To the extent you are notified of
uses of your personal information which are different from those described in
this Policy Statement during your enrollment in any particular service,
sweepstakes, contest or promotion, the uses of which you are specifically
notified will govern that service, sweepstakes, contest or promotion. Please be
on the lookout for terms of service and privacy statements applicable to the
services for which you sign-up or participate in. In general, third parties
that receive information about you from us will be obligated to notify you and
provide you with an opt-out method before sending you direct communications.
Please note, however, that we do not control the privacy policies of our
advertisers and other third party sites to which we may provide banner ads and
links. We assume no responsibility or liability for these third party policies
or the actions of non-affiliated third parties.
We will disclose your personal information when we believe in
good faith that any applicable law, regulation, or legal process requires it,
or where we believe disclosure is necessary to protect or enforce our rights or
the rights of another user.
We may disclose aggregated user statistics (for example, the
percentage of our users who access our Service from work) in order to describe
our services and reach to prospective partners, advertisers, and other third
parties. However aggregate data is not traceable to you specifically.
What are my options to control the use of my personal
information?
Most browsers can be configured to reject cookies or alert you
when cookies are being sent. Keep in mind that if you refuse cookies, it is
possible that some portions of our service may not work properly.
You may cancel your registration to any service and/or request
the removal of your personal information from our user records by sending
e-mail to bjd@thebeaconjournal.com.
We will send an email to confirm your request. After you respond, we will
remove your information from our database. Residual information may remain in
our archives and records, but this information will not be used for a
commercial purpose (however we may notify you of major changes to our service
from time to time). We reserve the right to maintain information on registered
users who have violated our Terms of Service or who have had their access to
our services blocked in order to detect repeat offenders.
What else should I know about my privacy?
You should be aware that if you voluntarily disclose personal
information online in a public area, that information may be collected and used
by others. We do not control the actions of our visitors and registered users.
If you disclose personal information in a chat room, forum, on your home page,
or any other publicly accessible place on our sites, you do so at your own risk
and you understand that your submitted information may be collected and used by
others to send you unsolicited messages, advertisements, or for other purposes.
Please remember that protection of your privacy begins with you.
You are solely responsible for maintaining the secrecy of any password you use
to register, and you should always be careful and responsible whenever
disclosing information online.
What about children’s personally identifiable information?
We feel strongly about protecting the privacy of children. We
encourage children to involve their parents in any interactive activity they
participate in online. Except where otherwise disclosed, we will not collect or
use any personal information from children we know to be under the age of
thirteen without obtaining express parental consent. All general information
collected from users under the age of thirteen is used only for aggregate
statistical analysis. Where users under the age of thirteen are permitted to
participate in contests, they may be required to provide the e-mail address of
their parent or guardian so that we can send notification and prices to the
parent or guardian.
Acceptance of Privacy Policy. By using our
sites and services, you signify your acceptance of this Privacy Statement. If
you do not agree or are not comfortable with any policy described in this
Privacy Statement, your only remedy is to discontinue use of our services. We
reserve the right to modify this Privacy Statement at any time. Your continued
use of any portion of our services following notification or posting of such
changes will constitute your acceptance of those changes. If you have questions
or concerns about our specific policies, please send e-mail to
bjd@thebeaconjournal.com.
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