TERMS OF USE
Revised October 17, 2012

• Use the Web Site to view content in accordance with these Terms of Use.
• Use the Web Site to participate in a journalism contest sponsored by a third party (“Sanctioning Party(ies)”); which third party is not affiliated with or an agent of Company.
• Report to us at info@smalltownpapers.com any problems you have with using the Web Site or any content you believe violates any of the prohibitions of use as identified herein.

GENERAL USE OF THE WEB SITE – WHAT YOU CAN AND CANNOT DO

Company is committed to providing you access to content that is relevant to your BetterBNC.com experience. Company ask that you be a good community citizen and not do any of the following:

• Use the Web Site for anything but its intended use, but in no event should you use the Web Site as a commercial site for your own or any third party benefit, unless such use is expressly provided for by agreement between you and Company, for example as a Sanctioning Party;

• Copy any content from the Web Site for use in any other manner other than for posting on the Web Site. Unless otherwise provided Company, you are granted a limited, revocable license to use the Company- owned content on the Web Site for your own personal use on the Web Site; Certain Sanctioning Parties may provide you access to their own content and nothing herein grants you any expressed or implied license to use such content;
• Do anything malicious with any content provided to you on the Web Site or with your access to the Web Site. This includes not causing any harm to the Web Site in any manner;
• Provide any information to us for any reason that is not true;
• Share any password that may give you access to the Web Site unless Company expressly provide such privileges or such privileges are provided by Sanctioning Party;

• Use any information you collect from your use of the Web Site for any reason that violates Company Privacy Policy; and

• Not otherwise violate any local, state, or country laws.

GENERAL USE OF THE WEB SITE – WHAT COMPANY MAY DO

The Web Site is provided to you to make your BetterBNC.com experience as helpful as possible. Thus, the Web Site will contain content provided by Company and other third party providers, including content provided by a Sanctioning Party. Company will screen as much of the content as Company can in its sole discretion, but you agree that all content is provided “AS IS” and acknowledge that you assume all risk in your review and reliance of all content, including your participation in any contest in any capacity.
GENERAL USE OF THE WEB SITE – WHEN COMPANY MAY TERMINATE YOUR ACCESS
IF COMPANY LEARNS THAT YOU HAVE MATERIALLY VIOLATED ANY OF THE TERMS OF USE OR ANY SUCH TERMS OF USE OF ANY SANCTIONING PARTY, COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO TERMINATE YOUR USE OF AND ACCESS TO THE WEB SITE, AND TERMINATE ANY PRIVILEGES YOU MIGHT HAVE WITH REGARD TO THE WEB SITE.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEB SITE, INCLUDING ANY ACCESS TO ANY CONTENT, FEATURES AND FUNCTIONS OF  THIS WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE WEB SITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT, PRODUCTS OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THE WEB SITE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF COMPANY WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR MALFUNCTIONS OF OR SECURITY BREACHES OF OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM COMPANY WEB SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH COMPANY WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE THIS WEB SITE OR ITS CONTENT, FEATURES AND FUNCTIONS, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONDUCT RELATED TO YOUR PARTCIPATION IN ANY CAPCITY IN ANY SANCTIONING PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, COMPANY SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN ANY FEES YOU HAVE PAID TO COMPANY IN THE LAST CALENDAR YEAR OR IF YOU HAVE NOT PAID ANY FEES TO COMPANY, TO ONE HUNDRED DOLLARS ($100.00 USD).

Indemnification

You agree to defend, indemnify and hold harmless Company, its officers, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of, and access to, or misuse of the Web Site; (ii) Your violation of any term of these Terms of Use; or (iii) Your violation of any third party right, including without limitation any copyright, property, privacy, intellectual property or other proprietary right. This defense and indemnification obligation will survive the termination of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us or any party Company designates in asserting any available defenses.

OTHER THINGS YOU SHOULD KNOW

Third Party Websites

• The Web Site may contain links to third party web sites that may include advertisements. Though Company may have arrangement with some of these third party web sites, Company does not guarantee the content or reliability of any of the goods or services provided by the third party web sites.  If such links exist in the content of this Web Site, you assume all risks in the use of the web site and you expressly release us from all liability arising from your use of such web sites.
• The Web Site may contain links to Sanctioning Party web sites that may include terms and conditions for your participation in a journalism contest in various capacities, for example, as a contestant or judge. Your participation in any contest is not in Company’s discretion and you agree that such participation is at the discretion of the Sanctioning Party subject to the terms and conditions as such may be controlling for participation in a contest. You expressly agree that the Warranty Disclaimer and Limitations of Liability as provided herein apply to your participation in the Sanctioning Party contests and your use of the Sanctioning Party web sites.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Web Site, superseding any prior agreements between you and Company relating to your use of the Web Site. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Company’s performance under this Agreement is subject to existing laws and legal process, and nothing contained herein limits Company’s right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the others Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any rights not expressly granted herein are reserved to Company. Company has the right to refuse access to or use of the Web Site to anyone for any reason. The Agreement is governed by and construed under Washington state law, without giving effect to conflict of law provisions or to constructive presumptions favoring either party. You consent to venue and the exclusive jurisdiction of the state and federal courts located in Seattle, Washington.

Your use of the Web Site allows Company to send you email communications related to the content of the Web Site. The Email communications will be governed by these Terms of Use, but in any event should you not wish to receive such email, you will be allowed to opt out of such communications by following the directions in the email.

Company does not claim any ownership interest in any submissions you make through this Web Site to any Sanctioning Party, including any copyright thereto. Notwithstanding the foregoing, you are responsible for knowing the Sanctioning Party rules and terms of any contest that may relate to any submission and may affect your ownership rights in a submission.

COPYRIGHT INFRINGEMENT – NOTICE UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium copyright Act (DMCA) by providing the Company copyright agent with the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Web Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Company’s designated agent for notice of claims of copyright or other intellectual property infringement is as follows:

By mail:
Paul Jeffko
President
927 W Railroad Ave.
Shelton, WA 98584
By email:
paulj@smalltownpapers.com