Times News Subscriber Agreement

IMPORTANT: SECTION 13 OF THESE SUBSCRIBER TERMS AND CONDITIONS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY REQUIRE YOU AND US TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT.  FOR COMPLETE TERMS AND CONDITIONS THAT BIND YOU AND US, PLEASE REFER TO THE “MANDATORY ARBITRATION” SECTION OF THIS DOCUMENT

1. GENERAL RULES AND DEFINITIONS.  By subscribing to and/or using the tnonline.com service (the “Service”), you, the Subscriber (“you,” “your,” or “Subscriber”) are agreeing to abide by all of the terms and conditions of this Agreement between you and The Times News, LLC (“Times News,” “our,” “we,” or “us”).
   1. We may change, add, or remove portions of this Agreement at any time. If we do, we will post such changes on the Service or send them to you via e-mail.  IFANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH YOUR ONLINE ACCOUNT, BY SENDING E-EMAIL TO hftncirculation@tnonline.com, OR CALLING TIMES NEWS CIRCULATION AT 800-596-6397 (SEE SECTION 10 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
   2. We may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Times News 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. CONTENT AND SUBSCRIBER SUBMISSIONS. The contents of the Service are intended for your personal, noncommercial use.  All materials published on the Service (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 Times News, 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.
   1. 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 otherwise provided in 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. 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 Times Newstnonline.com, or the copyright holder identified in the copyright notice contained in the Content.
   3. The Associated Press and Reuters provide certain Content, and they 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.
   4. You retain your ownership rights to material you post; however, by posting or uploading content such as text, images, audio and video works, you grant Times News, Times News, Inc., our related companies and licensees a world-wide, royalty-free, perpetual license to reproduce your content on websites owned and operated by Times News and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.
3. COMMENTS AND DISCUSSIONS. You shall not upload to, or distribute or otherwise publish in the comments section (the “Comments”) any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.  By participating in Comments, you agree to abide by the following Code of Conduct:
   • • 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.”
     • Use respectful language. Like any community, the Comments 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.
     • Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. We encourage active discussions and welcomes heated debate in our Comments, 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.
   • 1. The Comments shall be used in a noncommercial manner only. You shall not, without the express approval from Times News, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
     2. You are solely responsible for the content of your messages. However, while Times News does not and cannot review every message posted by you on the Comments and is not responsible for the content of these messages, we reserve the right to delete, move, or edit messages that it, in our sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
     3. You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by Times News or in any other Times News owned publication. You waive any moral or copyrights you may have and permit the material to be altered or changed in a manner not agreeable to you.

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS. The Service contains links to other related Internet sites, resources, and Times News sponsors.  Since we are 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 WARRANTIES. You represent, warrant, and covenant that no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous or otherwise unlawful material; and that you are at least eighteen years old. You hereby indemnify, defend and hold harmless Times News, our parent and affiliated corporations, 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. Times News reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
   1. We do not 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. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY. As part of the Service registration process, you will provide information, such as your name, address, phone number, email address, (collectively your “Information”), and select a password.  All Information must be accurate and updated. You may not select or use another person’s Information with the intent to impersonate that person; or use Information in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.  You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Times News.
   1. You shall notify us 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 either by emailing hftncirculation@tnonline.comor calling Times News Circulation at 800-596-6397.
   2. You must be 18 years or older to subscribe to the Service. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies
   3. You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamation, illegal activity, and infringement of other people’s intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.
7. FEES AND PAYMENTS. We reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. You can make payments under the Manage Billing menu by selecting the Make a Payment Option.  You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Times News or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
8. COMMUNICATIONS BETWEEN TIMES NEWS AND SUBSCRIBERS.
   1. If you indicate on your registration form that you want to receive such information, Times News, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
   2. We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
   3. We reserve the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information, please read the Privacy Policy.
   4. We will disclose your personally identifying information at the written request of law enforcement officials without prior notice to you.
   5. Electronic Signatures and Documents. Times News may provide you with certain notices, disclosures or agreements, some of which are required by law to be “in writing.” The federal E-SIGN Act and Pennsylvania Electronic Transactions Act allow us to provide you these written notices, disclosures or agreements electronically with your consent. These laws also permit the use of electronic signatures.
      1. This consent relates to any electronic documents or signatures associated with the Service. These electronic documents may include service messages, billing statements, notices related to product or price changes, and copies of any authorizations or notices to or from Times News relating to the payment of your bills via electronic fund transfers (collectively “Documents”).  We also reserve the right to provide you information, at times, in printed format.
      2. If you wish to obtain a paper copy of any Document provided to you electronically, you may do so at no cost to you by contacting us. Some Documents may be available on your account portal for you to review and print.
      3. In order to ensure that we are able to contact you electronically, you must update us with any change in your e-mail address. To update the e-mail address on your account, please contact us by emailing hftncirculation@tnonline.com or calling Times News Circulation at 800-596-6397.
      4. To access and retain the Documents, no special hardware or software is required. You will need access to the internet and a web browser. We support the following browsers:  Microsoft Edge, Microsoft Internet Explorer 11, Chrome, Firefox, and Safari.  If a change in hardware or software requirements becomes necessary in order for you to continue to access and/or retain the Documents electronically, we will alert you of any revised hardware or software requirements for such access and/or retention.

9. SOFTWARE LICENSES. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign, or transfer any licenses granted by us, 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. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10. TERMINATION. You may terminate your account at any time by sending e-mail to: hftncirculation@tnonline.com or calling Times News Circulation at 800-596-6397. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated.  We may, in our 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. CHOICE OF LAW. This Agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.
12. DIGITAL MILLENNIUM COPYRIGHT ACT. You agree to report any copyright violations of this Agreement to us as soon as you become aware of them. Our policy is to respond to notices of alleged copyright infringement as described in the Digital Millennium Copyright Act. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users.
    1. Notification. If you are a copyright owner and hold a good faith belief that your copyright is being violated on the Service, you may submit a Notification of Violation (“Notification”) that complies with the Digital Millennium Copyright Act to the following contact:

Copyright Agent
The Times News LLC
613 Third Street
Palmerton, PA 18071
Phone:610-826-9141
Email: davemase@ptd.net

2. Notification Content. The Notification must include:  Identification of the allegedly infringed work(s);  Identification of the allegedly infringing work(s) and specific reference to its location on the Service;  Contact information—address, telephone number, and email address; and  Your signature—physical or electronic,  The Notification shall also include the following statements:  “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law,” and “I swear that the information in the notification is accurate and that under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” We may require you to submit a signed document so stating.
3. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Tnonline.com, the alleged infringer, and the affected copyright owner for any damages incurred with the removal, blocking, or replacement of allegedly infringing material.
4. Times News will forward DMCA Notification(s) to the appropriate user. If a Notification has been filed against you, you have the opportunity for counter notification under the DMCA. Your counter notification must be sent to the contact listed above and must satisfy the requirements located in §512(g)(3) of the Copyright Act.
5. If you believe a Service user has violated some other intellectual property right, please send an email to davemase@ptd.net. Put “OTHER IP” in the subject line.
6. THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH AN ATTORNEY.

13. MANDATORY BINDING ARBITRATION. THIS SECTION APPLIES TO YOUR USE OF THE SERVICE.
    1. MANDATORY BINDING ARBITRATION. WE STRIVE TO RESOLVE DISPUTES FAIRLY AND QUICKLY, IF WE CANNOT RESOLVE A DISPUTE WITH YOU, THEN EXCEPT AS DESCRIBED BELOW, YOU AND TIMES NEWS AGREE TO SUBMIT ANY CLAIM FOR MONETARY DAMAGES TO THE AMERICAN ARBITRATION ASSOCIATION, WWW.ADR.ORG, FOR BINDING RESOLUTION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY SEPARATE MUTUAL AGREEMENT TO ANOTHER ARBITRATION INSTITUTION.
    2. RIGHT TO OPT OUT. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY TIMES NEWS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAIL TO TIMES NEWS: PO BOX 215, 613 3RD STREET, PALMERTON, PA 18071, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, EMAIL ASSOCIATED WITH YOUR TIMES NEWS ACCOUNT, AND TIMES NEWS ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES GREATER THAN $10,000 WITH TIMES NEWS THROUGH BINDING ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH TIMES NEWS OR THE DELIVERY OF THE SERVICE TO YOU BY TIMES NEWS. IF YOU HAVE PREVIOUSLY NOTIFIED TIMES NEWS OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
    3. CLASS ACTION WAIVER AND OTHER RESTRICTIONS:
       1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT TIMES NEWS WITHIN SIXTY (60 DAYS)), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
       2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR’S AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS BETWEEN YOU AND TIMES NEWS ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. NO ARBITRATION AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS NOT NAMED PARTY TO THE ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND TERMS AND CONDITIONS, AND WITHOUT WAIVING EITHER PARTY’S RIGHT OF APPEAL, IF ANY PORTION OF THIS CLASS ACTION WAIVER AND OTHER RESTRICTIONS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.
    4. LOCATION OF ARBITRATION. THE ARBITRATION WILL TAKE PLACE AT A LOCATION CONVENIENT TO YOU IN THE TIMES NEWS CIRCULATION AREA.
    5. PAYMENT OF ARBITRATION FEES AND COSTS. TIMES NEWS WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN TIMES NEWS’ FAVOR, YOU SHALL REIMBURSE TIMES NEWS FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE TIMES NEWS FOR ANY OF THE FEES AND COSTS ADVANCED BY TIMES NEWS. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL.
       1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, TIMES NEWS WILL PAY ALL FEES AND COSTS THAT WE ARE REQUIRED BY LAW TO PAY.
    6. SEVERABILITY. IF ANY CLAUSE WITHIN THIS ARBITRATION PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT CLAUSE WILL BE SEVERED FROM THIS ARBITRATION PROVISION, AND THE REMAINDER OF THIS ARBITRATION PROVISION WILL BE GIVEN FULL FORCE AND EFFECT. IF THE CLASS ACTION WAIVER CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT. IN THE EVENT THIS ENTIRE ARBITRATION PROVISION IS DETERMINED TO BE ILLEGAL OR UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT IN A DISPUTE THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THIS ARBITRATION PROVISION, YOU AND TIMES NEWS HAVE EACH AGREED TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
    7. EXCLUSIONS FROM ARBITRATION. ONLY CLAIMS FOR MONEY DAMAGES MAY BE SUBMITTED TO ARBITRATION. YOU AND TIMES NEWS AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY WHOSE AMOUNT IN CONTROVERSY (INCLUDING CLAIMS FOR ATTORNEY’S FEES PERMITTED BY LAW) IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS (MAGISTERIAL DISTRICT COURT IN PENNSYLVANIA); (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; AND (4) CLAIMS FOR INJUNCTIVE ORDERS OR SIMILAR RELIEF MUST BE BROUGHT IN A COURT (OTHER THAN CLAIMS RELATED TO WHETHER ARBITRATION IS APPROPRIATE, WHICH WILL BE DECIDED BY AN ARBITRATOR, NOT A COURT.) YOU MAY NOT COMBINE A CLAIM THAT IS SUBJECT TO ARBITRATION UNDER THIS AGREEMENT WITH A CLAIM THAT IS NOT ELIGIBLE FOR ARBITRATION UNDER THIS AGREEMENT.
    8. CONTINUATION THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THE SERVICE WITH TIMES NEWS.

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