MNDaily.com Terms of Use

Welcome to MNDaily.com, a news, information, and communication service provided by The Minnesota Daily. IT IS IMPORTANT THAT YOU READ THE TERMS OF USE CAREFULLY, BECAUSE THEY CONSTITUTE A CONTRACT. BY USING THIS WEB SITE, YOU AGREE TO THE CONTRACT AND ACCEPT ALL TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Introduction. The information and features included in MNDaily.com have been compiled from a variety of sources for informational and entertainment purposes only. This Web site and all information it contains are provided “as is.” By gaining access or linking to MNDaily.com, you assume the risk that the information on this site may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. The Minnesota Daily may add, change, discontinue, remove, or suspend any of the contents of the Web site at any time, without notice and without liability.

Changes to Terms of Use. The Minnesota Daily reserves the right in its sole discretion to change these Terms of Use. We will post changes here, so check back periodically. Your continued use of MNDaily.com after the posting of any change in the terms shall constitute your acceptance to be bound by any such changes. Please also review the terms of the Privacy Policy at [http://www.mndaily.com/privacypolicy.php]. Should you object to any modifications to these Terms of Use, or become dissatisfied with MNDaily.com in any way, your only recourse is to immediately terminate your Membership and discontinue use of the site. Otherwise, continuing to use the service after the effective date means that you agree to be bound by the changes.

Fees and Charges. There are no fees or charges for using the basic services of MNDaily.com. In no event will you be charged for access to the site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account, including, without limitation, charges for any products or services offered for sale through the site by The Minnesota Daily or by any other company, at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the site.

Membership and Registration. Access to readers’ comments (or feedback), services, and other features on MNDaily.com requires users to register and become Members of MNDaily.com. Member registration requires you to provide certain personally identifiable information, which may include your name and e-mail address. Please see our Privacy Policy for information on MNDaily.com’s information-gathering and how we intend to use any information we collect. If you become a Member of MNDaily.com, you accept responsibility for all activities that occur under your account. You are also responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not gain access to MNDaily.com using your username or account in whole or in part. MNDaily.com reserves the right to terminate Membership and deny access to the site to any person who violates any of the Terms of Use. You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may become a Member of MNDaily.com. By registering as a Member, and/or by gaining access to and using MNDaily.com, you agree to these Terms of Use.

Copyright, Trademark, Other Intellectual Property. MNDaily.com and all of the information it may contain at any time, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”), are owned by The Minnesota Daily or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.

Use of Content. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in or on such Content. However, unless otherwise expressly authorized in these Terms or on the Web site, you may not modify, frame, reproduce, sell, publish, perform, reuse, re-post, and/or display any portion of the Content. In addition, you may not decompile, reverse-engineer, or disassemble any software or other products or processes accessible through the Web site, nor may you insert any code or product or manipulate the Content in any way that affects any user’s experience.

No License. Other than as described in the Terms, nothing contained on the Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content displayed on the Web site in any manner without the prior written consent of The Minnesota Daily or a third party that may own the Content displayed on the Web site. Unless your use of the Content is otherwise authorized in accordance with these Terms, requests to use the Content should be directed to The Minnesota Daily’s Editor-in-Chief. ANY UNAUTHORIZED USE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.

Copyright Agent. We ask our users to respect the intellectual property of others. We have designated a Copyright Agent to receive notice of claims of copyright infringement on the Web site: Mark R. Anfinson, , (612) 827-5611. If you believe that your work has been used in a way that constitutes copyright infringement, please promptly provide The Minnesota Daily’s copyright agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Web site;

4. Your address, telephone number and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Prohibited Uses of MNDaily.com. As a user of MNDaily.com, you agree not to use the Content for any unlawful purposes and not to violate The Minnesota Daily’s rights or the rights of others, including, by, without authorization, creating any derivative works based on the Content. The Minnesota Daily reserves the right, but is not obligated, to delete, move, or edit content, in whole or in part, submitted by you to MNDaily.com and/or The Minnesota Daily for any reason, including a determination by The Minnesota Daily, in The Minnesota Daily’s sole discretion, that such content, is abusive, defamatory, obscene, in violation of intellectual property, privacy, or other proprietary rights, or otherwise violates these Terms. Without in any way limiting our right to remove or edit content, when using MNDaily.com, you are prohibited from doing any of the following (collectively, “Non-Approved Content”).:

1. Violating any law.

2. Violating any right of The Minnesota Daily or any third party.

3. Posting material that is abusive, obscene, profane, vulgar, defamatory, libelous, invasive of privacy, threatening, or hateful.

4. Posting material that is false or misleading.

5. Uploading or transmitting viruses, Trojan horses, or other harmful, disruptive, or destructive files.

6. Posting material that unfairly interferes with any third party’s uninterrupted use and enjoyment of the Web site.

7. Posting material that advertises, promotes, or offers to trade any goods or services, except in areas specifically designated for such purpose.

8. Using or attempting to use another’s information, account, password, service, or system, except as expressly permitted.

Submission of Content. Please note that the Web site does not accept unsolicited materials or ideas for use or publication. The Web site is not responsible for the similarity of any of its content or programming in any medium to materials or ideas transmitted to the Web site or The Minnesota Daily. In addition, you agree as follows, subject only to our Privacy Policy:

1. Transmitting, submitting and/or posting any communication or material to the Web site, The Minnesota Daily and/or the Affiliates by electronic mail, in user forums, bulletin boards, chat rooms, or otherwise, including submitting any data, questions, comments, suggestions, personally identifying information, or the like, is, and will be treated as, non-confidential and non-proprietary.

2. Anything you transmit, submit, and/or post to the Web site, The Minnesota Daily, and/or the Affiliates may be modified, altered, displayed, archived, stored, distributed, reproduced, disclosed, transmitted, published, broadcast, and/or posted in any form, medium, software, or technology of any kind now known or developed in the future for any purposes.

3. The Minnesota Daily is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site, The Minnesota Daily, and/or the Affiliates, for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products using such information.

4. You waive any moral rights you may have in any such material you submit, even if such material is altered or changed in a manner not agreeable to you. By submitting materials to MNDaily.com, The Minnesota Daily, and/or the Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to MNDaily.com, The Minnesota Daily, and/or the Affiliates shall be the sole property of The Minnesota Daily and will not be returned.

User Forums. Any Web site user forums, bulletin boards, chat rooms, or other interactive areas (“User Forums”) are provided to give users an opportunity to express their opinions and share their ideas and information. The Minnesota Daily does not endorse the content in such User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any material provided through MNDaily.com.

The Minnesota Daily does not and cannot review every message posted by users in User Forums and is not responsible for the content of these messages. The Minnesota Daily reserves the right to, but is not obligated to, delete, move, or edit content, in whole or in part, submitted by you to MNDaily.com and/or The Minnesota Daily for any reason, including a determination by The Minnesota Daily, in The Minnesota Daily’s sole discretion, that such content contains Non-Approved Content or violates any The Minnesota Daily Terms of Use. In addition, The Minnesota Daily may delete, move, edit, or disclose the contents of messages when it is required to do so by law or in a good-faith belief that such action is necessary to protect and defend the rights and property of The Minnesota Daily or to protect the safety of our users or the public. Without limiting the generality of the foregoing, you authorize The Minnesota Daily to include the information you provide in a searchable format that may be accessed by users of the Web site. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Linking Policy. If you link to MNDaily.com, we require that you comply with the following guidelines. The link must not damage, dilute, or tarnish the goodwill associated with any The Minnesota Daily names and/or intellectual property, nor may the link create the false appearance that your Web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with The Minnesota Daily. You agree that you will not link to MNDaily.com from any source that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate. If you do link to MNDaily.com, you may link only to the home page, and not to any other page, directory, or sub domain of the site. Under no circumstances may you “frame” MNDaily.com or alter its intellectual property or Content in any way.

The Minnesota Daily reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with MNDaily.com and/or these Terms. Neither The Minnesota Daily nor the Affiliates are responsible for the content or performance of any portion of the Internet, including other World Wide Web sites to which MNDaily.com may be linked or from access to MNDaily.com may be gained. Users are requested to inform The Minnesota Daily of any errors of inappropriate material found on Web sites to which MNDaily.com is or may be linked.

Third Parties. Your dealings or communications through MNDaily.com with any party other than The Minnesota Daily are solely between you and that third party. Certain areas of the site may allow you to solicit or establish relationships with and to conduct transactions (such as purchasing goods or services) from third-party partners and vendors. Under no circumstances will MNDaily.com, The Minnesota Daily, and/or the Affiliates be liable for any relationships, goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s information policies and practices and make sure you are comfortable with them before you engage in any relationship or transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Location. The Minnesota Daily operates MNDaily.com in the United States. Information contained on the site may not be appropriate or available for use in other locations, and access to it from territories where its content may be illegal is prohibited. If you access MNDaily.com from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use MNDaily.com or export the Content in violation of United States export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of MNDaily.com must be filed in the County of Hennepin, State of Minnesota within 90 days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

Violations of these Terms. The Minnesota Daily will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of MNDaily.com and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a member of the Office of the Publisher of The Minnesota Daily. The Minnesota Daily reserves the right to modify or discontinue this Web site, or any portion thereof (including User Forums), without notice to you or any third party. Upon termination of your membership or access to MNDaily.com, or upon demand by The Minnesota Daily, you must destroy all materials obtained from the site and all related documentation and all copies and installations thereof. You are advised that The Minnesota Daily will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.

Disclaimer; Limitations on Liability; Indemnity. The Minnesota Daily and its subsidiaries, divisions, affiliates, directors, officers, partners, employees agents, and assigns (“the Affiliates”), make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements, or recommendations contained on MNDaily.com and/or the Content. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by The Minnesota Daily or the Affiliates.

Security Breaches. The Internet may be subject to breaches of security. The Minnesota Daily and the Affiliates are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing MNDaily.com, The Minnesota Daily, or the Affiliates any information. The Minnesota Daily and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Web site. This Web site may be temporarily unavailable by reason of maintenance or malfunction of computer equipment.

No Warranties. The Minnesota Daily and the Affiliates specifically disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, quality, fitness for a particular purpose, and non-infringement, with respect to MNDaily.com, the Content, and any other materials contained thereon.

No Liability for Damages. You agree that The Minnesota Daily and the Affiliates are not liable to you for damages of any kind, whether based in tort, contract, strict liability, or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential, or punitive damages resulting in any way from or in connection with MNDaily.com, its Content, or any errors or omissions in its technical operation or its content, even if The Minnesota Daily or the Affiliates have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of, or unauthorized access to, MNDaily.com or its related information or programs.

Use at your Own Risk. MNDaily.com contains facts, opinions, views, statements, and recommendations of third-party individuals and organizations. The site does not represent or endorse the accuracy, timeliness, or reliability of any facts, opinions, views, statements, and/or recommendations or other information displayed, uploaded, or distributed through MNDaily.com. You acknowledge that any reliance upon any such facts, opinions, views, statements, and/or recommendations is at your sole risk and that neither The Minnesota Daily nor the Affiliates give tax, legal, or investment advice, or advocate the purchase or sale of any security or investment.

No Liability for Loss or Injury. In no event will The Minnesota Daily or the Affiliates be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Notwithstanding any other provision in these terms, in no event and under no circumstances will The Minnesota Daily or the Affiliates be liable to you for any reason or any cause of action whatsoever in an amount greater than $50.00. Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above may not apply to you.

Indemnification. By gaining access to MNDaily.com, you agree to indemnify, defend, and hold The Minnesota Daily and the Affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorney’s fees and court costs) arising out of or relating to (a) your breach of your representations, (b) your violation of these terms or any law, (c) a claim by a third party that is based on your use of MNDaily.com and/or the Content in violation of these terms, (d) The Minnesota Daily’s and/or the Affiliates’ use of any content or information you provide, (e) information or material posted or transmitted through your computer or membership account, even if not submitted by you, and/or (f) any misrepresentation made by you. You will cooperate as fully and as reasonably required in The Minnesota Daily’s defense of any claim. The Minnesota Daily reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of The Minnesota Daily.

Contact Us. For questions or comments regarding these Terms of Use and/or MNDaily.com, please contact the Officer of the Publisher of The Minnesota Daily. The terms were last updated on September 15, 2006.

© 2006 The Minnesota Daily. All rights reserved.