380NEWS TERMS OF SERVICE
Effective November, 2014
By opening, searching and browsing any of the websites affiliated with North Texas Media Group, LLC, including 380News and without limitation to mobile websites, or using any type of mobile app on which these terms reside, collectively termed an “Arena”, you, the user, accept, without limitation or capability, the terms and conditions, notifications and policies. The Terms, including, but not limited to, communications made electronically, impairment and remedying exclusions and limitations, and a choice of Texas law.
380News may, in its exclusive discretion, and at any time, terminate this Arena, or any part thereof, with or without announcement, or 380News may prohibit your use of this Arena with or without offering any type of notice to you the user. You, the user recognize and agree that you do not have any rights to, or in this Arena and that 380News will have no accountability to you, the user if this Arena ceases or your ability to enter the Arena or any posts, including photos, articles and other content you may have stationed in the Arena is terminated. In case of termination of the agreement between you, the user and 380News, you will suspend all use of the Arena. You, the user will also agree that 380News will not be answerable for any modification, changes, dissolution or postponement of the Arena.
380News Acceptance of Terms and Conditions. North Texas Media Group, LLC, DBA 380News will provide you the user with use of and admission to the Arena in agreement with and subject to all directives and applicable laws and these terms of agreement. If you, the user do not agree with or accept the terms and conditions within these conditions completely and without limitation, North Texas Media Group, LLC, DBA 380News request that you abstain from using, or downloading in the Arena.
380News Grant of License. The Arena, including, but not limited to, code, software, files, images, contained in or generated by the software, accompanying data, code and other embedded software, Arena updates, fonts within any documentation, and documentation , on any and all media in any form are licensed to you, the user by North Texas Media Group, LLC, DBA 380News subject to these terms. Absolutely all intellectual property rights remain the property of North Texas Media Group, LLC are not under any conditions transferred to you, the user. They remain the property of North Texas Media Group, LLC, DBA 380News, who completely own full title, and Intellectual Property. North Texas Media Group, LLC, DBA 380News reserves all rights not expressly granted to you, as an individual, company or user. All rights granted herein are non-transferable, and are limited to North Texas Media Group, LLC, DBA 380News intellectual property rights within the Arena and do not include any other patents or intellectual property rights. These Terms do not allow you any rights to use any North Texas Media Group, LLC, DBA 380News proprietary interfaces and/or other intellectual property in the distribution, design, licensing, development, or manufacture, of third-party devices and accessories for use within this Arena. These terms also under no circumstances entitle you, the user to receive and does not obligate North Texas Media Group LLC, DBA 380News to provide any support, hard-copy documentation, telephone assistance, or any type of updates or enhancements to this Arena.
This Arena is operated on behalf of North Texas Media Group, LLC, DBA 380News for your personal use for information, news, entertainment, information, and communication. 380News request that you, the user please feel free to browse the contents of Arena and use the Arena for your news source, entertainment and information of the 380 Corridor. Please feel free to download data from within the Arena only for personal, non-commercial use. It is essential that you, the user preserve all copyright and other proprietary notifications comprised in the materials. You, the user may not distribute, copy, or modify, except as set forth above, re-post, transmit, reuse, reproduce, display, publish, license, create derivative works from, transfer, sell or otherwise use the content of the Arena including articles, text, images, photographs, audio, or video, for any purposes, without North Texas Media Group, LLC, DBA 380News consent. This will be provided in written permission.
380News Change of Terms. At any time, without notice, North Texas Media Group, LLC, DBA 380News, have the right to alter these terms and conditions by apprising the Terms of Service and may also make changes to any portion of the Arena including the content, functionality, or links as required at any time. You, the user are compelled by any revisions, thus, should sporadically review this page to stay current on terms to which you, the user are bound.
380News Information about Postings on the Arena. There will be times on particular areas of the Arena that you, the user may be able to submit posts and certain other materials as User Content, 380News has no responsibility to monitor, govern any posting or transmission of User Content. 380News undertakes no responsibility or accountability resulting from the content. By using the Arena’s amenities, you, the user concur that you will not participate in any of the following actions within the Arena:
- You the user shall not upload, or post or otherwise transmitting any unlawful, libelous, harassing, threatening, defamatory, harmful, obscene, tortious, scandalous, racist, inflammatory, pornographic, profane, violent, or otherwise objectionable or inappropriate material. This is determined by 380News. Also, users may not post, upload or otherwise transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- You, the user shall not post or upload or replicate or allocate any information, software, or materials protected by copyright or any other intellectual property right or disregard on any rights of publicity and privacy without first obtaining the permission of the owner of such rights;
- You, the user shall not gather or store personal data about any of the other users;
- You, the user absolutely may not post any User Content that contains personal material about any individual,
- You, the user, while using the Arena shall not use it for any commercial reason not specifically allowable by 380News in writing. There are advertising opportunities available and personal space for classifieds. Spamming the User Content with self-promotion, or advertisements is strictly prohibited;
- You, the user, shall not impersonate any person or organization, including without limitation, the personnel of 380News, or their Affiliates, or misrepresent any other affiliation with another person or organization;
- You, the user shall not post, email, upload, or otherwise transmit any advertising, political advertisements, or marketing materials of any type or any other form of solicitation or unapproved communication;
- You, the user may not post, upload, email, otherwise transmit any data that contains viruses, contaminated files, or any other computer code, files, or programs which might possibly limit, interrupt, or hinder any of the functionality of the computer software or hardware or telecommunications equipment, or otherwise harmfully affect any of the operation of the Arena or any element of the Arena..
380News or its affiliates does not verify, endorse, appraise or assure any data provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You, the user will not generate or dispense information, including, but not limited to advertisements, any type of marketing materials or include links to any sites which contain or suggest an endorsement by 380News.
It is understood that 380News will at all times accommodate any law enforcement authorities or court order bidding or directing 380News to divulge the identity of anyone posting any such information or materials that may cause impairment to self, or others, or is found to be illegal.
It is imperative that you, the user understand and agree that you, the user have no possession rights whatsoever to any account you may have with 380News or other access to within the Arena or the features therein. 380News has the right to terminate your account and expunge all User Content connected with your account at any time, and without any notice, if 380News has cause to believe that you, the user have breached these Terms, the law, or for any other reason considered pertinent by 380News. 380News will not assume any responsibility for any material removed from the Arena, and 380News reserves the right to enduringly restrict access to the Arena or a user account.
You the user, by posting, displaying, publishing any User Content on or through the Arena you, the user hereby permit to 380News to use liberally and non-exclusively, sub-licensable, worldwide, fully-paid, royalty free authorization to use, with the right to modify, openly discuss or perform, overtly display, allocate and reproduce, such User Content. It can be used in any and all media now recognized or developed in the future throughout the universe without any obligation to make compensation to you, the user or to any third party or the necessity to pursue you the user’s or any third party permission.
This license with 380News comprises the right to cache, index, distribute, tag and host any User Content, 380News also preserves the right to sublicense User Content to third parties, involving that of other users, for use on other media of any category or platforms recognized or hereinafter established throughout the universe. You, the user may always maintain to preserve all proprietorship rights in your User Content, and you endure to have the right to use your User Content in any way you choose, subject to these Terms and the license defined herein. You, the user denote and warrant that you own the content submitted, displayed, published or posted by you within the Arena and otherwise have the right to allow the license set forth herein, and the displaying, publishing or posting of any content you submit, and 380News use thereof does not and will not encroach upon any of the privacy rights, contract rights, publicity rights, patents, copyrights, trademark rights, or any other intellectual property rights or other rights of any object or person.
Furthermore, you, the user agree to assure and hold 380News, its parents, subsidiaries, agents, promoters, officers, employees, and freelancers and each of their officers, promoters, employees and agents and freelancers harmless from any damages, claims, and expenses, including reasonable attorneys’ fees and costs, associated to your desecration of these Terms, or any defilements thereof by your dependents, minor children, particularly that of your first born child, which arises from the use of User Content you posted, uploaded, submitted, or otherwise made available to 380News in this Arena.
380News Infringement Claims /Policies and Procedures. North Texas Media Group, LLC, DBA 380News takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
380News Physical Address: 380News, 107 East Elm Street, Aubrey, TX 76227
380News Mailing Address: 380News, P.O. Box 399, Aubrey, TX 76227
If you communicate with us about a claimed infraction you must incorporate the following: (a) electronic or physical signature of the copyright owner. or of authorized agent; (b) comprehensive documentation of the copyrighted work declared to have been infringed; (c) comprehensive certification of the material that is asserted to be infringing and that is to be eliminated from the site, as well as offer all evidence deemed reasonably sufficient to facilitate 380News to discover the material; (d) all evidence judged satisfactorily adequate to allow 380News the ability to have communication with the copyright owner, such as an address, telephone number, and, electronic mail address; (e) an official statement that you, the user have in good faith a genuine conviction that use of the material in doubt and in the method protested of is not sanctioned for use by the copyright owner, its agent, or relevant law; and (f) a written pronouncement that the information in the statement is accurate, that you, the petitioner are unconditionally authorized under the consequence of perjury to act on behalf of the copyright owner.
For more specifies on the information compulsory to present a valid report please review 17 U.S.C. 512(c) (3). Please note, under the DCMA, that there is a likelihood that claimants who make falsifications concerning copyright infringement may be legally responsible and accountable for any damages sustained of the elimination or blocking of the material, court costs, and attorneys’ fees.
380News Intellectual Property Ownership. The content or other materials in the Arena including, but not limited to, all photos, articles, text, audio, images and other materials or elements, collectively known as the “Content” are solely owned and copyrighted by North Texas Media Group, LLC, DBA 380News and its licensors with all rights reserved. It is safe for you, the user to presume that anything and everything you read or view within the Arena is safeguarded by copyright and owned by North Texas Media Group, LLC, DBA 380News, unless otherwise expressed, or noted, the Content may not be used except as expressly provided in these Terms without the consent of North Texas Media Group, LLC, DBA 380News by prior written permission. 380News cannot and does not express, warrant or represent that any use of Content by you, the user that is displayed on the Arena will not invade the rights of third parties not owned by or affiliated with 380News.
Unauthorized Use of Images owned by 380News or their Affiliates. Imageries of people or places that are utilized or presented on/or within the Arena are either the belongings of, or used with authorization by, North Texas Media Group, LLC, DBA 380News. Use of these images by you, the user, or anyone else empowered by you, is absolutely banned unless explicitly permitted by these Terms. All unauthorized use of images may violate trademark laws, copyright laws, and laws of privacy and publicity, and communications regulations and statutes.
380News and Third Party Trademarks. All trademarks, logos, and service marks, which will be cooperatively referred to as “Trademarks” exhibited within the Arena are registered and unregistered Trademarks used by 380News, their affiliates, or other third parties. Absolutely nothing encompassed within the Arena would be directly or indirectly interpreted as providing permission, by implication, or otherwise, any license or right to utilize any Trademark exhibited within the Arena without the expressed written permission of 380News, or the third party that may own the Trademarks displayed within the Arena. Your use of the Trademarks or any other substance within the Arena is prohibited, except as specifically authorized in these Terms. You, the user should be aware that 380News will aggressively protect their intellectual property rights to the maximum extent of the law, including, criminal prosecution.
380News Disclaimer of Warranties, and Limitations of Liability. 380News will use all practical endeavors to encompass precise up to date evidence within the Arena; however, 380News will offer or make no guarantees or interpretations as to its accuracy. 380News presumes no responsibility or accountability for any faults or oversights in the content within this Arena, 380News will not make representations about the steadfastness of the features, articles or information within this Arena, the Content, User Content, or any other Arena opportunity or feature, and renounces all accountability in the occurrence of any service failure. It is so specified that you, the user recognizes that any dependence on such materials or systems will be completed at your own risk.
Your, the user may make use of the Arena completely at your own risk. Neither 380News, nor any other organization involved in the creation, production, or release of the Arena is answerable for any direct, indirect, incidental, consequential, or retributory damages ascending out of you, the user’s admittance to or use of the Arena. Without restricting the foregoing, anything and everything covered within the Arena is afforded to you, the user “As Is” and “As Obtainable or Assessable,” to you, the user Without any kind of assurance, articulated implicated or inferred, that is involving, but not limited to, usability for a particular for a specific reason, including non-infringement.
ABSOLUTLY UNDER NO CIRCUMSTANCES, INCORPORATING THAT OF NEGLIGENCE, WILL 380NEWS BE RESPONSIBLE FOR OR BE ANSWERABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR SUBSTANTIAL RESULTANT FROM THE USAGE OF OR THE USERS INCAPABILITY TO ENTER OR USE THIS ARENA, 380NEWS WILL NOT BE ACCOUNTABLE FOR ANY INDEMNITIES THAT ARE A CONSEQUENCE FROM ANY OR ALL OVERSIGHTS, INTERRUPTIONS, MISTAKES, DELETION OF FILES, NONDELEATION OF FILES, DEFECTS, ERRORS, DELAYS IN OPERATION, ABSENSE OF OPERATION OR TRANSMISSION, OR ANY MALFUNCTION OF IMPLEMENTATION WITHIN THE ARENA WHETHER OR NOT CAUSED BY EVENTS WITHIN OR OUTSIDE PRACTICAL CONTROL OF NORTH TEXAS MEDIA GROUP,LLC, DBA 380NEWS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMPRISING OF ALL WEATHER CONDITIONS, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT, UNSANCTIONED ACCESS, FROM, BUT NOT LIMITED TO HACKERS, OR VIRESES TO THIS ARENA’S PROGRAMS OF RECORDS, OR SERVICES. ALSO, UNDER NO CONDITION, THAT ARE INCLUDING BUT NOT LIMITED TO ANY NEGLECTFUL ACT, WILL 380NEWS OR ITS AFFILIATES OR AGENTS BE ANSWERABLE FOR ANY KIND OF DAMAGE FROM ANY RESOURCE THAT DEVELOPS FROM THE USE OF, OR THE INCAPABILITY TO USE, THE ARENA EVEN IF 380NEWS HAS BEEN CAUTIONED OR INFORMED OF THE CHANCE OF SUCH DAMAGES.
Please be advised that some national and international jurisdictions may not permit the omission of implicit warranties, so it is conceivable that some of the above eliminations may not be applicable to you, the user. It is you, the user’s accountability to understand your local laws for any restrictions or omissions concerning inferred warranties. For the evading of doubt, 380News and their affiliates will presume no accountability whatsoever, and will not be responsible for, any viruses, or possible damages that may contaminate your computer equipment or other property on account of your accessibility to use of, downloading any material, text, images, data, photographs, audio or video, or perusing in the Arena.
BY GAINING ACCESS TO THIS ARENA OR, REGISTRATION WITH THIS ARENA AND/OR RECEIVING ANY INFORMATION FROM THIS ARENA YOU, THE USER ARE IN AGREEANCE TO INDEMNIFY, PROTECT AND HOLD 380NEWS AND ITS AFFILIATES HARMLESS INNOCUOUS FROM AND AGAINST ANY ACTUAL OR UNPROVEN CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSES, DAMAGES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, WHICH INCLUDS REALISTIC ATTORNEYS’ FEES AND COURT COSTS THAT ASCEND FROM OR OUT OF OR CONCERNING:
- You, the user’s violation desecration of the arrangement
- You, the user’s desecration of any law, including, local, regional, state, national and international
- Any and all accusations by a third party founded on your use of this Arena and its contents
- Any material presented by you or posted or obtained from your computer
- Any and all misrepresentation by you, the user
- Disagreements between you and any other user within this Arena
- Exposing your password
- Theft or embezzlement of your password
- Appropriation of your password
- Permission for anyone else to use your password
380News and Location Based Services: This Arena may use location-based service industries to locate you. If you choose to use the location-based services portion of this Arena, you must have agreed to 380News and/or its third party provider accessing you, the user’s estimated or exact location. You also grant 380News authorization to use this data to improve commodities or to make suggestions or offer services or skills to you, the user, as well as to make available advertising content in which 380News considers you may be interested, comprising of working with third parties who deliver targeted advertising content.
380News Does Not Accept Unsolicited Ideas. Please do not submit unsolicited ideas or proposals about the Arena or to the Arena. 380News is free to utilize ideas, concepts, methods or other data contained in any communication you send to the Arena for any reason whatsoever including, but not limited to anything advancing the Arena or its Affiliates.
380News Links to the Arena. 380News may/or may not evaluated all of the sites linked to the Arena and is not accountable for the content of any off-site pages
380News Assignment of Agreements or Contracts. You may not assign any agreement or contract with 380News concerning this Arena, or any part of it, to any other entity or person. Any effort by you, the user to do so is void. You may not allocate this agreement or contract to anyone else, either provisionally or permanently.
General Information about this Arena/ 380News. You, the user and 380News concede and concur that no partnership is established and never will be. Neither you, nor 380News has the authority or the ability to necessitate or bind the other.
You, the user, by utilizing this Arena agree that the decrees and laws of the United States and the State of TEXAS without respect to divergences of laws principles, will relate to all matters involving to use of this Arena, and you coincide that any litigation shall be subject to the absolute jurisdiction of the state or federal courts for TEXAS, USA. You, the user understand and agree that no matter of any statute or law to the contrary, any cause of action, or claim starting from or ascending out of or connected to use of the Arena or this agreement or contract must be filed within a maximum of one (1) year after such assertion or cause of action ascended or be forever barred. You, the user, agree supplementary that any claims, disputes, reasons of action originating or arising from or associated with the Arena and/or this agreement will be settled individually, without recourse to any form of class action.
These Terms establish a compulsory agreement between you, the user and 380News, and are acknowledged by you upon your use of the Arena. These Terms establish the comprehensive agreement between you, the user and 380News concerning the use of the Arena. By using the Arena, you represent that you are capable of entering into a binding agreement, and that you subscribe to be bound by these Terms.
This policy details how 380News utilizes your data and other information about you that is collected/used/disclosed when you visit the 380News websites and the 380News services or otherwise interrelate with our website. Upon any updating 380News will revise the date, place notices on CL if a change is material, and/or obtain individual users consent as required by law.
- 380News on protecting your privacy
380News will take precautions to prevent unauthorized access to or misuse of data about you.
380News runs ads from our clients for a fee and with advertising agreements and contracts.
380News also offers classified ads, which are posted by our users.
380News will absolutely not share your information or data with third parties for marketing reasons.
380News never involves themselves in cross-marketing or link-referral programs with other sites.
380News does not engage in tracking devices for marketing purposes outside of our own websites and publications
380News does not send our users unsolicited communications for marketing purposes.
380News never engages in any affiliate marketing and prohibit it.
380News does not provide email proxy and relay to reduce unwanted mail.
380News will link to third party sites – please review their privacy policies.
- Data used by 380News to provide and advance our services and/or to combat fraud and/or neglect or abuse:
Information or data users post on 380News, or send directly to 380News or via other sites. We ask that you, the user do not ever post any private data.
Information or data concerning credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
Information or Data provided by users including, but not limited to: Cell Phone Number, Email Address, Social Security Number, Name, Address, Phone, Photos, EIN Number, Tax ID, and Divers Licenses Number.
Information or Web log data including, but not limited to: Pages Viewed, IP Address. Access Times, and HTTP headers.
Information or data collected via cookies including but not limited to: Keywords, Keyword Searches and individual Favorites lists.
Information or data about your devices including but not limited to: Screen Size, DOM Local Storage, and Plugins.
Information or data from third parties including but not limited to: Phone Type, IP Address. General Information, such as Location Derived from IP address).
- Data Stored by 380News
380News retains data as long as required for our specific business purposes and/or time mandatory by law.
380News will make every effort in good faith to store our user’s data securely, but 380News can make no guarantees.
Our Users may access and update certain data about themselves by logging into their personal account.
- There are Circumstances in which 380News may disclose our user’s data:
380News may disclose user’s data due to vendors and service providers including but not limited to payment processors working on behalf of 380News.
In order to respond to subpoenas, court orders, or other legal process. In order to protect the rights of 380News, including their property, safety, or the safety of 380News and their users or the safety of general public.
380News may disclose the user’s data with the users consent if the user authorizes 380News to share data with other users.
380News may disclose user’s data in conjunction with any merger, bankruptcy, or sale, or transfer of assets to another company.
380News may disclose user’s data in collective or summary form, as long as it cannot practically be used to identify the user.
Information Regarding International Users – By visiting, or using 380News, or providing 380News with data, the user/you agree(s) that 380News has the authorization to use and disclose data collected for purposes listed, or as communicated to you, the user and transmit this information/data outside the user’s residential jurisdiction, and store it on servers in the United States.
For more information or explanation please contact our privacy department officer at Privacy@380News.com