1. ACCEPTANCE OF TERMS
This site ("Site") is made available to you, subject to the following Terms of Service ("TOS"), which may be modified from time to time at the sole discretion of BuffaloNews.com. The "Site" includes the Buffalonews.com, and all such pages, information, data, text, software, music, sound, photographs, graphics, video, messages or any other material or content on the Site. Modified TOS will become effective immediately upon posting. By accessing this Site you agree to be bound by the TOS and any modifications made thereto.
You understand and agree that the Site is provided "AS-IS" and that Buffalonews.com assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
These TOS shall be applicable to all features of the Site. Any additional rules or guidelines posted in any of the features of the Site shall be equally applicable and shall be considered as being incorporated by reference into these TOS. In the case of a conflict between the TOS and any other rules, guidelines or policies, the TOS shall control unless specified otherwise.
These TOS shall be applicable regardless of how the Site is accessed, including but not limited to mobile sites and applications, RSS, API, or in any other manner, whether now known or developed in the future.
References to the Buffalonews.com includes The Buffalo News Inc., its parent, subsidiary and affiliated companies.
At the sole discretion of Buffalonews.com, Service features, content and databases may be altered, discontinued or suspended and limits may be imposed on certain features and services including, but not limited to, restricting access to all or part of the Services without notice or liability.
2. COPYRIGHT AND COPYRIGHT COMPLAINTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including but not limited to news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection, layout and arrangement (collectively, the "Content"), is owned by The Buffalo News, Inc., and its affiliated companies, licensors and suppliers. The Buffalo News Inc., its affiliated companies, licensors and suppliers, exclusively own all right, title and interest (including but not limited to all copyright interest) to such Content, with all rights Reserved. You may use the Content for your occasional personal, non-commercial use, provided you do not remove any trademark, copyright or other notices from such Content. No other use is permitted without prior written permission of Buffalonews.com. The permitted use described in this paragraph is contingent on your compliance at all times with the TOS. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
The Site has been specially designed for presentation of Content in a unique format and appearance. We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other material that we have not authorized to be displayed on our Site. Without limiting the provisions of the above paragraph, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights, including copyright. You may not, for example, republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate Content in, or use the Content to construct any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Site or suggest any relationship between our Site and you without our express written consent. You may not scrape our Content or our Site. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content or Site in any way that affects the user's experience, or use any data mining, data gathering, or data mining extractions method with respect to the Content or Site, or use any cancel bots or Trojan horses in connection with your use of the Site.
Requests to use Content for any purpose other than as permitted in the TOS must be directed to The Buffalo News, One News Plaza, P.O. Box 100, Buffalo, NY 14240; (716) 849-4444; comments@Buffalonews.com. If you do not seek and obtain such authorization, you should assume no third party has the right to allow you to use the Content.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the registration Data to keep it true, accurate, current and complete. The decision to provide this information is strictly optional. However, if you elect not to provide such information, you may not be able to access certain Content or participate in various areas of the Site. Using a name other than your own is strictly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete, or Buffalonews.com has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete, Buffalonews.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Please remember that the Site is designed to appeal to a broad audience.
You must be at least thirteen years of age to register to use the site. If you are the parent or legal guardian of a child under thirteen it is your responsibility to determine whether the Site and/or Content is appropriate for your minor child and you are encouraged to monitor their access.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Buffalonews.com of any unauthorized use of your password or account or any other breach of security, and you agree not to sell, transfer or assign your account, password or associated rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that unauthorized users may not access the Site using your name, account designation or password.
6. USER SUBMISSION
Should you send any materials, idea, or content of any nature, including but not limited to photographs, documents, blog posts, and comments (collectively, "User Submission") to Buffalonews.com, you do so with the understanding that no consideration of any sort will be provided to you, and you are hereby waiving any claim against Buffalonews.com and its affiliates regarding the Use (as defined below) of any User Submission.
For any User Submission, you hereby grant Buffalonews.com, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display , archive, store, distribute, reproduce and create derivative works from such User Submission (or any part thereof), in any form, media, software, technology or any kind, now existing or developed in the future (collectively "Use"). Without limiting the generality of the previous sentence, you hereby authorize Buffalonews.com to share any User Submission in whole or in part with all affiliated companies and web sites, to include any User Submission in whole or in part in a searchable format accessible by users of Buffalonews.com and other companies and web sites, and to use in our discretion your name and any other information in connection with any Use of any User Submission you provide. You also hereby grant Buffalonews.com and its affiliates the right to Use any material, information, ideas, concepts, know-how or techniques contained in any User Submission you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
By providing any User Submission or communicating with Buffalonews.com, including, for example, communications on any bulletin board, forum, message or chat area, posting any content, placing an advertisement, entering any sweepstakes or contest, etc., you represent and warrant: (i) you own or otherwise have all necessary rights to any User Submission you provide and the rights to Use it and provide it to us as provided for in the TOS; (ii) all information you provide is true, accurate, current and complete, and does not violate the TOS: (iii) any Use of any User Submission provided by you will not cause injury to or violate the rights of any person or entity.
You shall not upload to, distribute or otherwise publish on Buffalonews.com any material that is, or could be construed to be, libelous, defamatory, pornographic, plagiarized, or otherwise illegal.
User Submissions that do in fact, or that tend to, abuse or discriminate based on race, religion, nationality, gender, sexual preference, age, region, disability, etc are strictly prohibited and are grounds for immediate termination of access to all or part of the Site.
Personal attacks, whether in the context of intensively debating issues on line or otherwise, are prohibited and are grounds for immediate termination of access to all or part of the Site.
Threatening or abusive communications, as well as deliberate disruptions through repetitive or meaningless messages are prohibited.
Buffalonews.com does not and cannot review every User Submission and is not responsible for their content. However, Buffalnews.com reserves the right to edit, modify, delete or take any other action, that in its sole discretion it deems in the best interest of users or the Site.
The Registered User is solely responsible for any User Submissions emanating from his/her account whether submitted by him/her or another user the account.
Submissions will automatically include the name of the Registered User even though the Registered User may not have been the source of the Submission.
7. FEES AND PAYMENTS
Buffalonews.com reserves the right to charge fees for access to any portion of the Site or the Site as a whole, and to increase, decrease or eliminate those fees in its sole discretion. Such fees, if any, will be posted in appropriate locations on the Site.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United State or the country in which you reside.
You agree to indemnify and hold Buffalonews.com, its affiliate, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your access or use of the Site (including but not limited to any Content obtained through the Site), your connection to the Site, your violation of the TOS, your violation of applicable law, or any rights of another, or any User Submission provided through your account to Buffalonews.com (including but not limited to any subsequent Use by Buffalonews.com). You shall cooperate as fully as reasonably required in the defense of any such claim.
10. NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site.
11. MODIFICATIONS TO THE SITE
Buffalonews.com reserves the right to at any time and from time to time to modify, restrict, suspend, discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or liability. You hereby agree that Buffalonews.com shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of the Site (nor any part thereof). In addition, Buffalonews.com may at any time transfer rights or obligations hereunder to any affiliate or business unit, or any of their affiliated companies or divisions, or any entity that acquires Buffalonews.com or any of its assets.
You agree that Buffalonews.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for failure to pay required fees, or if Buffalonews.com believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the TOS. You hereby agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and hereby acknowledge and agree that Buffalonews.com may immediately deactivate or delete your account and all related information and/or bar any further access to the Site. Further, you hereby agree that Buffalonews.com shall not be liable to you or any third party for any termination of your access to the Site.
13. DEALINGS WITH ADVERTISERS AND PURCHASE TRANSACTIONS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You hereby agree that Buffalonews.com shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
During your visit to the Site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such ting as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Buffalonews.com is not responsible or liable for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you hereby agree Buffalonews.com is not responsible or liable for such errors or discrepancies.
The Site may provide, or third parties may provide, links to other electronic sites or resources. Because Buffalonews.com has no control over such sites and resources, you hereby acknowledge and agree that Buffalonews.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.
15. BUFFALONEWS.COM'S PROPRIETARY RIGHTS
You hereby acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable copyright, intellectual property law and other laws. You further acknowledge and agree that content contained in a sponsor advertisement or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Buffalonews.com of (if applicable) its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUFFALONEWS.COM EXPRESSLY DISCLIAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUSPOSE, NON-INFRINGEMENT, USAGE OF TRADE OR COURSE OF DEALING.
BUFFALONEWS.COM MAKES NO WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCES TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OR CONTENT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL REVIEWED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR YOUR NEEDS, AND (v) ANY ERRORS IN THE CONTENT, SITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THAT DOWNLOAD OF ANY SUCH MATERIAL. YOU HEREBY ASSUME ALL RESPONSIBILITY (ANY THEREBY HOLD BUFFALONEWS.COM HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SITE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
THE SITE CONTAINS FACTS, VIEWS, OPINIONS, RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.
BUFFALONEWS.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINIONS, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE AND ANY RELIANCE UPON SUCH OPINON, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUFFALONEWS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF BUFFALONEWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES REVIEWED, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, REGARDLESS OF WHETHER ANY REMEDY OR WARRANTY (IF ANY) PROVIDED BY THE TOS OR BY OPERATION OF LAW FAILS OF ITS ESSENTIAL PURPOSE, THE CUMULATIVE MAXIMUM RECOVERY AGAINST BUFFALONEWS.COM, ITS PARENT, SUBSIDIARY OR AFFILATED COMPANIES, FOR ANY CLAIM OF ANY NATURE DIRECTLY OR INDIRECTLY RELATING TO THE TOS, TO THE SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY USE OF, OR INABILITY TO USE THE SITE, OR CONTENT, SHALL NOT EXCEED THE FEE (IF ANY) ACTUALLY PAID BY THE CLAIMANT TO BUFFALONEWS.COM FOR THE SPECIFIC USE OF THAT PORTION OF THE SITE OR MATERIAL AT ISSUE. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS PARAGRAPH SHALL SERVICE TERMINATION OF THE TOS.
18. SPECIAL ADMONITION FOR CONTENT RELATING TO FINANCIAL MATTERS
If you use the Site to review information concerning companies, stock quotes, investments or securities , the phrase "Let the investor beware" is applicable. The Site is available for informational purposes only, and no Content included in the Site is intended for trading or investing purposes. Buffalonews.com is not responsible for the accuracy, usefulness or availability of any information transmitted via the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.
19. TRADEMARK INFORMATION
"Buffalonews.com," " The Buffalo News", and derivations of each, including without limitation, logos, products and service names (collectively, the "Marks") are tradenames, trademarks and/or intellectual property licensed to The Buffalo News Inc and/or its subsidiaries. Without prior express written permission of The Buffalo News Inc., you agree not to display or use the Marks, or to claim any right to the Marks, or to challenge The Buffalo News Inc.'s right to the Marks.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Buffalonews.com governing your use, superseding any prior agreements, terms or understandings between you and Buffalonews.com, whether written or oral. You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third party software.
The TOS and the relationship between you and Buffalonews.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any claim or suit directly or indirectly relating to your use of the Site, any features thereof, or the TOS, you hereby agree to accept service of process and submit to the personal and exclusive jurisdiction and venue of the courts located within Erie County, New York, and you hereby waive any objections thereto.
The failure of Buffalonews.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the party's intentions as reflected in the provision and the other provisions of the TOS shall remain in full force and effect.
You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action directly or indirectly arising out of or related to use of the Site, Content or TOS must be filed in a federal or state court within Erie County, New York within three (3) months after the earliest date on which any event, act or omission giving rise to such claim or cause of action first began or such claim shall be forever barred and you hereby agree such claim is forever waived. You and Buffalonews.com hereby irrevocably waive any and all right to trial by jury, directly or indirectly, arising out or relating to matters covered by the TOS or your actual or attempted use or access of the Site (including but not limited to matter relating to Content on the Site).
Buffalonews.com shall be excused from any performance or obligation to the extent of any delay or interference by factors beyond its reasonable control, including but not limited to acts of God, civil or military authority, interruption of electric or telecommunications services, civil disturbance, acts of war or terrorists, strikes, fires, floods or other catastrophes.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to comments@Buffalonews.com.