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This is the official Terms of Use Agreement ("Agreement") for www.trailblazeronline.net ("Site," "we," "us," or "our"), an Internet website offered in conjunction with the Morehead State University Student Board of Publication. This document outlines policies and procedures of the Trail Blazer Online Edition. This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any other sites unless specifically stated. It is your responsibility to read it in its entirety.

 

If at any time you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately. By using or attempting to use the Site, you certify that you agree to the conditions set forth.

 

These terms and conditions regarding use of the Site constitute a legally binding agreement between you and the Site. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. To the extent that there is a conflict between this Agreement, the Privacy Policy, and other Terms for the activity in which you choose to participate, it is your responsibility to contact us for clarification before you proceed. To the extent that there is a conflict between this Agreement and the specific terms for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you still will be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

 

The words "use" or "using" in this Agreement means any time an individual (a "user" or "reader"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and this Site regarding use of the Site and it cannot be modified, except as specifically described below.

 

1. SITE REGISTRATION

 

Registration is not required to view content. However, we may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site. You must certify that you are 13 years of age or older to register. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

 

2. OWNERSHIP OF PROPERTY AND REPRINT PERMISSION

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Trail Blazer, and its Affiliates, and any of its successors and assigns, and any of its respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" also includes "Material." The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the Trail Blazer or its author if the Trail Blazer is not the owner. Reprint permission can be obtained by contacting the office but the Trail Blazer reserves the final right to grant such requests.

We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes on the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe on the intellectual property rights of others.

 

3. ONLINE ADVERTISING

From time to time you may chose to click on advertising provided by the Trail Blazer. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

 

4. USER CONTENT SUBMISSION

When you submit Content, or use or attempt to use any content submission features, you are signifying your agreement with and acceptance of all terms and conditions of this section of this Agreement. Each time you upload or submit Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. To be considered for posting and display to the public, user Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission.

When you submit Content you may also be asked to provide some information about youself and your submission. This may include, without limitation, such things as a title, some information about the Content, location, your contact information and/or similar information. Always keep a copy of anything you send. We are not responsible for lost, damaged, misdirected, unusable or unreadable user Content. Proof that you submitted user Content does not constitute proof that we received anything.

You hereby release the Trail Blazer, Morehead State University and its employees from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your user Content, including, without limitation, any and all liability for any use or nonuse of the your user Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.

a) USAGE

You are responsible for all usage or activity on your Trail Blazer Online account. Any fraudulent, abusive, or otherwise illegal activity will be grounds for termination of your account, at the Trail Blazer's sole discretion, and the Trail Blazer may refer you to appropriate law enforcement agencies.

b) REJECTION OF CONTENT

The Trail Blazer does not control nor endorse any user Content submitted, although we may use both automated and manual means of reviewing user Content in order to prevent unauthorized or illegal Content from appearing and being displayed on our Site. The Trail Blazer reserves the right to review any submitted user Content and to delete, remove, move, edit or reject, without notice to you, any user Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable for publication, for any reason or for no reason whatsoever; provided, however, that the Trail Blazer shall have no obligation or liability to you for failure to do so or for doing so in any particular manner.

c) UNAUTHORIZED CONTENT

Unacceptable content on the Trail Blazer Online Edition includes but is not limited to the following. Do not post material that:

* contains copyrighted or other proprietary material of any kind

* contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature

* is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community

* violates any right of the Trail Blazer or any third party

* discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law

* violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance

* advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose (i.e. classified section)

* uploads or transmits viruses or other harmful, disruptive or destructive files, material or code

* disrupts, interferes with, or otherwise harms or violates the security of trailblazeronline.net, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through trailblazeronline.net or affiliated or linked sites

* repeats of prior posting of the same message under multiple threads or subjects

 

5. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or Hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Morehead State University, or its employees. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.

 

6. SITE PRIVACY

The Trail Blazer will make every effort to maintain site privacy. Submit your information at your own risk. Under no circumstances will your personal information (name, email, etc) be used or sold for any reason. The Trail Blazer reserves the right to collect statistical information about each user visit for reporting purposes only. Please refer to our Privacy Policy.

7. TERMINATION OF USER ACCOUNT

You may deactivate your account (i.e., deleting your profile or unsubscribe from the news alerts) on the Site, at any time and for any reason, by contacting the Site webmaster. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party if we suspect a violation of any terms or conditions of the User Agreement.

 

8. MODIFICATION

The Trail Blazer reserves the right to change these Terms of Service at any time at its discretion and may or may not notify users of any such changes by changing these Terms of Service. Your continued use of trailblazeronline.net after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use. Refer to the "Modified Time" stamp at the bottom of the article for the most current copy of this Agreement.

 

9. INDEMNIFICATION

You agree to indemnify, defend and hold the Site, the Trail Blazer, Morehead State University, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, faculty, staff, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.

 

10. SEVERABILITY

If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.

 

11. NO WAIVER

Any failure of trailblazeronline.net to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Last Updated on Tuesday, 24 March 2009 16:55