Kalamazoo Weekly::Terms of Use & Privacy Policy

Terms of Use & Privacy Policy

General
The Kalamazoo Weekly Newspaper (“KWN”) is owned and operated by the Birch River Group, LLC which operates KalamazooWeekly.com and contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, KalamazooWeekly.com is intended for your personal, non-business use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from this website. You may download material from KalamazooWeekly.com and may use KalamazooWeekly.com for your personal, non-business use only, provided you keep intact all copyright and other proprietary notices. As part of our services, KalamazooWeekly.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use KalamazooWeekly.com in accordance with these Terms of Service. Accessing KalamazooWeekly.com, in any manner, for the purpose of obtaining information, technical or otherwise, about KalamazooWeekly.com constitutes use of KalamazooWeekly.com such that the party accessing KalamazooWeekly.com is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of KalamazooWeekly.com, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use KalamazooWeekly.com after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to KalamazooWeekly.com so long as the link does not state or imply any sponsorship of your site by KalamazooWeekly.com. However, you may not, without the prior written permission of the Kalamazoo Weekly Newspaper, frame any of the content of KalamazooWeekly.com, or incorporate into another website or other service any intellectual property of KalamazooWeekly.com, its parent or affiliate companies or its licensors. License to KalamazooWeekly.com

By posting messages, uploading files, or otherwise providing any material for display on KalamazooWeekly.com, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on KalamazooWeekly.com, you are granting KalamazooWeekly.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy
The following privacy policy governs our online collection of information from you. This privacy policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail. We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of KalamazooWeekly.com. We also collect and store information that is generated automatically as users navigate online through KalamazooWeekly.com. Unless you inform us otherwise, KalamazooWeekly.com reserves the right to use, and to disclose to third parties, information collected from you while you are using KalamazooWeekly.com (e.g., your name and e-mail address) for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses, you must send an e-mail or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors. In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others besides KalamazooWeekly.com. KalamazooWeekly.com cannot be responsible for any unauthorized third party use of information that you disclose online. Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of KalamazooWeekly.com, the public, or KalamazooWeekly.com.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we, some or all of our assets, or one or more of our websites is acquired by another company, information on our users may be among the transferred assets.

Questions on Privacy
If you have any questions about the children's privacy statement, the privacy practices of KalamazooWeekly.com, or your dealings with KalamazooWeekly.com, you can contact: KalamazooWeekly.com 125 W. Michigan Ave. Galesburg, MI 49053 (269) 484-6397 Frontdesk@Kalamazooweekly.com

Disclaimers
KalamazooWeekly.com includes links and pointers to Internet sites, content and services provided by third parties. KalamazooWeekly.com linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither KalamazooWeekly.com, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through KalamazooWeekly.com or on websites linked to by KalamazooWeekly.com. The materials, information, products and services offered on or through KalamazooWeekly.com and any third-party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, KalamzooWeekly.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KalamzooWeekly.com does not warrant that KalamzooWeekly.com or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of KalamzooWeekly.com, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

KalamzooWeekly.com does not warrant or make any representations regarding the use or the results of the use of KalamzooWeekly.com or materials in KalamzooWeekly.com or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not KalamzooWeekly.com) assume the entire cost of all necessary maintenance, repair or correction. KalamzooWeekly.com is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. KalamzooWeekly.com should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Online Commerce
In addition, KalamzooWeekly.com may allow you to purchase many different types of products and services online that are provided by third parties. KalamzooWeekly.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on KalamzooWeekly.com or on a site linked to by KalamzooWeekly.com, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. KalamzooWeekly.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release KalamzooWeekly.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through KalamzooWeekly.com.

When you purchase products or services on or through KalamzooWeekly.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through KalamzooWeekly.com. You agree to use KalamzooWeekly.com and to purchase services or products through KalamzooWeekly.com for legitimate, non-business purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to tucson.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Use of Company Directories The information contained in any company directories that may be provided on KalamzooWeekly.com is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will KalamzooWeekly.com or its suppliers be liable in any way with regard to such information.

Interactive Features
This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to KalamzooWeekly.com and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on KalamzooWeekly.com lies with each user and you alone are responsible for the material you post.

You understand that KalamzooWeekly.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of KalamzooWeekly.com through which users can supply information or material. However, KalamzooWeekly.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in KalamzooWeekly.com's sole discretion are objectionable or in violation of these Terms of Service.

Registration
To use certain features of the Service, you must register with KalamzooWeekly.com on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If KalamzooWeekly.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords
To use certain features of KalamzooWeekly.com, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. KalamzooWeekly.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Classified Advertising
When you submit a classified ad for publication on KalamzooWeekly.com, you agree that the advertisement as it appears on KalamzooWeekly.com becomes the property of KalamzooWeekly.com and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to KalamzooWeekly.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation KalamzooWeekly.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Real Estate Advertisements; Equal Housing Opportunity All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall KalamzooWeekly.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, KalamzooWeekly.com materials, products, or services, or third party materials, products, or services made available through KalamzooWeekly.com, or any part of KalamzooWeekly.com, even if KalamzooWeekly.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of KalamzooWeekly.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that KalamzooWeekly.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any KalamzooWeekly.com materials, products, or services, or with any of KalamzooWeekly.com's terms and conditions, your sole and exclusive remedy is to discontinue using KalamzooWeekly.com.

Termination
KalamzooWeekly.com may cancel or terminate your right to use KalamzooWeekly.com or any part of KalamzooWeekly.com at any time without notice. In the event of termination, you are no longer authorized to access the part of KalamzooWeekly.com affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from KalamzooWeekly.com, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other
This agreement constitutes the entire agreement between KalamzooWeekly.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through KalamzooWeekly.com. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.