Welcome to the South Bend Voice. By accessing our servers, website, or content, you acknowledge that you have read, understood and agreed to all of these Terms of Use (“TOU”). If you do not agree to the TOU, then you may not access the site or use the content or any services on the site. “We” refers to the South Bend Voice (hereafter “SBV”). “You” refers to users.
USE
The information provided on this site is for general informational and educational purposes. SBV has the exclusive right to control access, features and any other information found on the site. We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access SBV in compliance with the TOU. Unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from SBV, excluding content you create (e.g. comments).
This section shall not be construed as limiting a user’s ability to share content through social media using the provided sharing tools on the site, so long as the shared content links back to the specific page of the site where the content is located AND is an excerpt not exceeding four (4) paragraphs.
You agree not to use software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SBV for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information.
We may terminate this license at any time for any reason.
INTERACTIVE SECTIONS
Given the nature of the site and the volume of messages and postings, SBV cannot and does not monitor all of the material posted or transmitted through the site by users and third party information providers. Comment sections, classified ads, job postings and other interactive areas of the site are used strictly at your own risk. We assume no liability for any damages that may arise as a result of these interactions.
Practice good judgement. Do not reveal personal information to strangers. If you choose to disclose any information, you do so fully understanding the consequences of such disclosures and knowing that such information could be used to identify you.
CONTENT OWNERSHIP
All of the content on this site is subject to trademark, copyright and other intellectual property rights or licenses of SBV, its affiliates and/or third party content providers, partners and advertisers. Posting or storing any content to the site that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and/or publicity rights) is strictly prohibited and will be removed. Repeat offenders may be banned from the site. If you feel content infringes your intellectual property rights, please visit http://southbendvoice.com/dmca.
Nothing on the site may be copied, reproduced, modified, distributed, transmitted, republished, uploaded, posted, displayed, or “framed” on another site or performed for commercial use, except with the prior written consent of SBV.
Users are authorized to make a single electronic or paper copy of the content displayed on the site for personal, noncommercial use, or for non-commercial educational use at a school or university.
Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
MODERATION
You agree we may moderate SBV access and use in our sole discretion. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
DISCLAIMER
YOU ACCESS AND USE THIS SITE AND THE CONTENT THEREOF AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED.
WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE, USER CONTENT (INCLUDING BUT NOT LIMITED TO COMMENTS, CLASSIFIED ADS, JOB POSTINGS, ETC.), AND USER CONDUCT (E.G. ILLEGAL CONDUCT).
NEITHER SBV NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY DAMAGES OR LOSS RESULTING FROM ACCESS TO, USE OR UNAVAILABILITY OF, INFORMATION OR CONTENT ON THIS SITE, OR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR INCIDENTAL DAMAGES.
THIS DISCLAIMER IS ALSO APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SBV, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. COMPANY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL SBV OR ANY OF ITS AFFILIATES, AGENTS, OR EMPLOYEES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
CLAIMS
IF YOU LIVE IN THE UNITED STATES, YOU AND SBV AGREE THAT IF YOU AND SBV DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR SBV’S (OR ANY OF YOUR OR SBV’S LICENSORS’) INTELLECTUAL PROPERTY RIGHTS.
If a court finds this section unenforceable, you agree that (1) any claim, cause of action or dispute (“claim”) arising out of or related to the TOU or your SBV use is governed by Indiana law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in South Bend, IN (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against SBV; (6) you are liable for TOU breaches by affiliates paid by you, directly or indirectly (e.g. an affiliate network).
CLASS ACTION WAIVER
YOU AND SBV AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR SBV WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR SBV ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND SBV FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, SBV, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROECCEDING.
INDEMNITY
If anyone brings a claim against us related to your use of the SBV website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
MISCELLANEOUS
If a TOU term is unenforceable, other terms are unaffected. If we fail to enforce any of this TOU, it will not be considered a waiver of our rights.
CHANGES TO TERMS OF USE
SBV may modify the TOU at any time. Continued use of services constitutes your acceptance of our amended terms, policies and guidelines.
