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Subscriber Agreement

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1. GENERAL RULES AND DEFINITIONS 1.1 If you choose to use newspress.com (the “Service”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and newspress.com, an Internet service of the Santa Barbara News-Press (the “Service”).

1.2 newspress.com may change, add or remove portions of this Agreement at any time.


1.4 newspress.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. newspress.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 2. newspress.com WEB CONTENT AND SUBSCRIBER SUBMISSIONS2.1 The contents of newspress.com Internet are intended for your personal, noncommercial use. All materials published on newspress.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 newspress.com, Santa Barbara News-Press, Ampersand Publishing LLC, 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 the Service 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 newspress.com Rights and Permissions Department, or the copyright holder identified in the copyright notice contained in the Content.

2.4 Certain Content is furnished by the Associated Press and Knight-Ridder Service, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. 3. FORUMS AND DISCUSSIONS3.1 You shall not upload to, or distribute or otherwise publish on any message boards any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

3.2 (a)Be courteous. You agree that you will not threaten or verbally abuse other Subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

3.2 (b) Use respectful language. Like any community, the Forums flourish only when our Subscribers 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.

3.2 (c) Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. newspress.com encourages active discussions and welcomes heated debate 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 Any Forums shall be used only in a noncommercial manner. You shall not, without the express approval of newspress.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 newspress.com does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, newspress.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. Letters to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by newspress.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. 4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS4.1 newspress.com contains links to other related World Wide Web Internet sites, resources, and sponsors of newspress.com. Since newspress.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 WARRANTIES5.1 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 newspress.com the Santa Barbara News-Press, Ampersand Publishing LLC , 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. newspress.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 Neither newspress.com nor newspress.com 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. 6. REGISTRATION AND SECURITY6.1 As part of the registration process, you will enter an e-mail address and select a password. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use an e-mail address of another person with the intent to impersonate that person; (ii) use an e-mail address in which another person has rights without such person’s authorization; or (iii) use an e-mail address that newspress.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of newspress.com.

6.2 (a) You shall notify subscriptions@newspress.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.4 You are responsible for all usage or activity on your newspress.com account, including use of the account by any third party authorized by you to use your e-mail address and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at newspress.com’s sole discretion, and newspress.com may refer you to appropriate law enforcement agencies. 7. FEES AND PAYMENTS7.1 newspress.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. 8. COMMUNICATIONS BETWEEN newspress.com AND SUBSCRIBERS8.1 newspress.com, its owners and assigns, may allow certain third party vendors to provide you with information about products and services.

8.2 newspress.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

8.3 newspress.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity inconnection with the disclosure of such information. For more information please read the privacy statement of newspress.com on the Web. 9. PROPRIETARY LICENSES9.1 You shall have no rights to the proprietary documentation, or any enhancements or modifications thereto, provided to you in order to access the Service. You may not sublicense, assign or transfer any licenses granted by newspress.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. 10. TERMINATION10.1 You may terminate your account at any time by sending e-mail to: subscriptions@newspress.com. You are responsible for all charges incurred up to the time the account is deactivated.

10.2 newspress.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement. 11. MISCELLANEOUS11.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in California.

11.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in newspress.com on the Privacy statement.

11.3 Correspondence should be sent to subscriptions@newspress.com.

11.4 You agree to report any copyright violations of the SubscriberAgreement to newspress.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in newspress.com on the Web service, please notify subscriptions@newspress.com.

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