Effective Date: 07-09-15
Welcome to MiamiHerald.com®, a news, information and communication service available on the Internet's World Wide Web and through other digital means, such as mobile apps. The service combines much of Miami Herald with additional material available only on MiamiHerald.com. Both Miami Herald and MiamiHerald.com are affiliates of The McClatchy Company. As used in these Terms of Service, "Miami Herald" means MiamiHerald.com, Miami Herald, The McClatchy Company, as well as all parent entities, subsidiaries and affiliates of The McClatchy Company.
You understand and agree that, by visiting MiamiHerald.com and its affiliated sites and by using the Miami Herald mobile apps, you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of MiamiHerald.com and its mobile apps. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use MiamiHerald.com with the consent of a parent or legal guardian.
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5.4.1. License Grant for Content Feeds MiamiHerald.com offers or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that MiamiHerald.com elects to offer Content Feeds(s), MiamiHerald.com grants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes content from MiamiHerald.com not included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the headline and first paragraph of a story on MiamiHerald.com, the foregoing license does not give you the right to display the entire story on your Site.
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5.4.4. Warranty If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.
MiamiHerald.com respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, MiamiHerald.com will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.
If you believe that MiamiHerald.com or any user of MiamiHerald.com has infringed your copyright, please notify our Copyright Agent and provide the following information.
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While MiamiHerald.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does MiamiHerald.com warrant or guarantee that any files available for downloading will be free of defects. Neither Miami Herald nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in MiamiHerald.com.
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Opinions, advice and all other information expressed on MiamiHerald.com forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of MiamiHerald.com. MiamiHerald.com does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized MiamiHerald.com spokespersons.
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n no event will MiamiHerald.com, The McClatchy Company, or their parents or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use MiamiHerald.com, or any information or services provided on MiamiHerald.com or in its mobile apps, even if MiamiHerald.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on MiamiHerald.com or in its mobile apps. IN NO EVENT WILL MiamiHerald.com, THE MCCLATCHY COMPANY'S OR THEIR PARENTS' OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless MiamiHerald.com, The McClatchy Company and their parents and affiliates from: (i) your use of and access of MiamiHerald.com; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of MiamiHerald.com.
We may terminate these Terms of Service, your account, or your access to MiamiHerald.com at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of MiamiHerald.com and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.
This agreement between MiamiHerald.com and its users will be governed and interpreted under the laws of the state of Florida. Courts located in Miami-Dade County, Florida have jurisdiction in any dispute arising from these Terms of Service.
In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
You and Miami Herald agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, MiamiHerald.com, any subscription to Miami Herald or MiamiHerald.com or any other aspect of our relationship ("Subject Legal Claim").
In an attempt to find the quickest and most efficient resolution of our issues, you and Miami Herald agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Miami Herald, 3511 NW 91 Ave., Miami, FL 33172, 305-350-2111 Attn: Unresolved Customer Issue. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Miami Herald agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that court's jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Miami Herald agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Miami Herald also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Sacramento, California. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Miami Herald, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Miami Herald reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Miami Herald's favor, it will not seek reimbursement of our attorney's fees, regardless of who initiated the arbitration.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
These Terms of Service are void where prohibited by law, and the right to access MiamiHerald.com is revoked in such jurisdictions.
The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.
Miami Herald, 3511 NW 91 Ave., Miami, FL 33172, 305-350-2111.
If you have subscribed to the print edition of Miami Herald, your subscription will continue in effect after your initial subscription term unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to our Terms of Service. You must cancel your subscription before it renews in order to avoid any additional charges. We will bill the subscription period amount plus any applicable fees or taxes. If you cancel your subscription, any remaining monies on your account will be refunded. You can cancel your subscription by calling 305-350-2111.
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