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The Erwin Record Online Terms of Use Agreement & Internet Privacy Statement
Jan. 1, 2008
www.erwinrecord.net is owned and operated by the Erwin Publishing Co. Inc. and contain material in whole or in part from The Erwin Record and other sources protected by international copyright, trademark and other intellectual property laws. This site is not intended for children 16 and under and any use of the site or its content by chidren 16 and under should be with the direct supervision of an adult.
Site users may not modify, copy, reproduce, republish, post, transmit or distribute in any way any material from this site. Users may download material from this site for their personal, non-commercial use, provided they keep intact all copyright and other proprietary notices.
By posting messages, e-mail or engaging in any other form of communication through erwinrecord.net, users are granting The Erwin Record and the Erwin Publishing Co. Inc. royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Forums and Blogs
Copyright of Forums and blogs featured on erwinrecord.net is held by the individual creators and is the sole responsibility of the person from whom such content originated. By having your forum or blog featured on erwinrecord.net you are agreeing that you are entirely responsible for all content that you make available through your forum or blog to erwinrecord.net and agree to indemnify the Erwin Publishing Co. Inc. as provided below:
You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; that all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, that the content will not cause injury to any person or entity
Story comments
We encourage fair comment and discussion about The Erwin Record stories used on erwinrecord.net.
It's important for those posting to remember that while comments may be conversational in nature they are subject to the same rules of libel as all other published material. To that end, users posting or blogers must prepare their copy within the same legal boundaries as professional journalists and are subject to the same libel laws as professional journalists. There are numerous reference works about libel law in print on the Web that may be consulted if there are questions.
In general, libel is injury to reputation. The Associated Press libel manual says, "Words, pictures or cartoon that expose a person to public hatred, shame, disgrace or ridicule, or induce an ill opinion of a person are libelous.
"Actions for civil libel result mainly in stories that allege crime, fraud, dishonesty, immoral or dishonorable conduct, or stories that defame the subject professionally, causing financial loss either personal or to a business."
There is only one complete and unconditional defense to civil action for libel. That defense is that the facts in the story are provably true.
The AP libel manual also points out:
"The publication of defamatory matter that consists of comment and opinion, as distinguished from fact, with reference to matters of public interest or importance, is covered by the defense of fair comment as long as the facts stated are true.
"Everyone has the right to comment on matters of public interest and concern, provided they do so fairly and with an honest purpose. Such comments or criticism are not libelous, however severe in their terms, unless they are written maliciously."
Posts that are in all capital letters, have an inordinate number of errors or have gross errors in fact will be rejected. Posts that are potentially libelous or otherwise inappropriate will be removed.
Posting comments also requires a valid e-mail address as part of the user's profile. Comments that are not backed up by a valid e-mail address will be deleted as will the profile without a valid e-mail address. Repeat offenders will be prohibited from commenting. Those who find such a comment on our site should report it to the site editor.
Privacy Policy
When responding to an online survey at erwinrecord.net users are assured the information will not be provided to any other organization.
Online visitors who supply personal information while making a news tip or letter to the editor or respond to an online survey may receive a phone call or email for confirmation purposes or, when indicated, for interview by a reporter.
erwinrecord.net automatically collects information about which pages are visited and the domain name of visitors but that collection of information does not personally identify a visitor. This information is used for internal review and as a measure of the usefulness or popularity of individual stories or story categories.
erwinrecord.net uses "cookies" in a limited way to help deliver advertisements and to identify unique browsers and track usage of the site. Some business affiliates and advertisers may use cookies to determine when a user has contacted a web site. Erwinrecord.net does not control the privacy policies of business affiliates, advertisers or sites to which we provide hyperlinks
Disclaimer
erwinrecord.net provides links and pointers to Internet sites maintained by third parties. Neither erwinrecord.net nor Erwin Publishing Co. Inc. operates or controls any information, products or services on third-party sites. Content at erwinrecord.net and third-party sites is provided as is and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, erwinrecord.net disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Erwinrecord.net does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components.
erwinrecord.net does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Users (and not erwinrecord.net) assume the entire cost of all necessary maintenance, repair or correction if any
Limitation of liability
Under no circumstances, including, but not limited to negligence, shall erwinrecord.net, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, erwinrecord.net materials. Users specifically acknowledge and agree that erwinrecord.net is not liable for any defamatory, offensive or illegal conduct of any user. If a user is dissatisfied with any erwinrecord.net material, or with any of erwinrecord.net's terms and conditions, his or her sole and exclusive remedy is to discontinue using erwinrecord.net.
Contests and Information
erwinrecord.net is committed to protecting consumer privacy online. We believe that greater protection of personal privacy on the Web will not only protect consumers, but also increase consumer confidence and ultimately their participation in online activities. At erwinrecord.net, we intend to give you as much control as possible over your personal information.
The purpose of our policy is to inform you about the types of information we gather about you when you visit our site(s), how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.
I. Information Which We Collect
We may request that you voluntarily supply us with personal information, including your e-mail address, postal address, home or work telephone number, credit card number (only if you choose to purchase a product online), for purposes such as correspondence, making a purchase, or participating in online contests, surveys or games. If you choose to give us personal information via the Internet that we or our business partners may need -- to correspond with you, process an order or provide you with a subscription, for example -- it is our intent to let you know how we will use such information.
We may require you to supply us with personal information (demographic information such as average age, income, education, population data, zip codes) during a "registration" process online prior to using certain features of our site. For example, you may be required to register to use chat rooms, forums, to access archival stories, to subscribe to our member newspapers, subscribe to an e-mail version of our site, and to access other features. We use this general information to aggregate information according to demographics, such as gender, geographic location, age, income or a combination of these or other demographics.
II. Use of User Information
We may perform statistical analyses of aggregate user behavior. This allows us to measure relative consumer interest in the various areas of our Web sites for product development purposes. Any information we collect is used for its own internal purposes to improve the content of the Web sites, to enhance users' experiences when visiting our site(s), to customize the content and/or layout of our pages, and to provide the services required by
an individual user. We do not use personal identifying information for any reason that is not disclosed either in this Policy or at the time the information is requested. We never send e-mail to you unless you request a particular service, or consent to being contacted by e-mail. There are instances where you will have the opportunity to subscribe to an e-mail list that will send information about the site or our advertisers to your e-mail address, but this will be done only with your permission and consent
III. Disclosure to Third Parties
We do not share personal identifying information with any third party without your permission. We disclose only in aggregate form our statistical analyses or demographics of users to third parties, such as advertisers or other business partners. In some instances, we operate shared Web sites with businesses affiliated with us. Our privacy policy will apply to these Web sites, and our affiliates adhere to our privacy policy and will not share personal information with any third party without your permission.
IV. Accuracy of User Information
In order to ensure the accuracy of personal information provided for registration, you may return to the registration form online in order to change information you have provided at any time. Questions regarding our privacy policy, the accuracy of your personal information or the use of the information collected should be directed via e-mail to Mark A. Stevens, Publisher, or you can reach us by telephone at 423.743-4112.
You can also write us at:
The Erwin Record
218 Gay St.
Erwin, TN 37650
These privacy policies are effective as of Jan 1, 2008. We reserve the right to change this policy at any time, and will post any changes to this policy as soon as they go into effect.
V. Security of Information
We use our best efforts to ensure the security of personal information submitted by users. When collecting credit card information for online purchases, we offer secured-server transactions that encrypt your information in transit to thwart someone from intercepting it and misusing it. When we collect other information from our users, it is stored in an area where the general public does not have access to it.
VI. Opting-out
At any time while assessing our site(s), any user while online may "opt-out" of further e-mail contact from us (while still allowing access to our site(s)). For further information about opting-out, contact us at the e-mail addresses, postal addresses or telephone numbers stated above.
VII. Use of Materials
The right to download and store or output the materials in our site(s) is granted for the user's personal use only, and materials may not be reproduced in any edited form. Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without the express written permission of us is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials appearing on these sites may contact us at mstevens@erwinrecord.net.
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