- 1.1 Purpose. Flathead Living is intended to be an informative and entertaining venue for Visitors and Members to learn about the exciting developments in the western U.S. To this end, We actively post a variety of any stories, letters, messages, comments, information, images, graphics, photographs, materials or any other textual, audio, or video content (“Content”). We also solicit certain Content from Members related to issues affecting the western U.S.
- 1.2 Original Work. You warrant and represent that any Content that you may post on the Website is your original work product and that it does not infringe on any party’s proprietary, publicity, privacy, or other rights and is not defamatory or libelous.
2. Use of Website.
- 2.1 Registration. You must register as a Member in order to submit Content to the Website.
- 2.2 Your Account. Use of the Website is currently free of charge, though you acknowledge that we may, in our sole discretion, decide to charge for access to the Website in the future. You agree that you shall be responsible for all Content posted under your account and for keeping your password secure, including liability for harm caused by such Content or password used by a third party. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
- 2.3 General Practices Regarding Use of Services. You acknowledge and agree that Flathead Beacon has no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your Content.
- 3.1 Posting. You acknowledge and agree not to not use, display, distribute, submit, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You agree that you shall not submit any Content that:
- (a) is fraudulent;
- (b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
- (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
- (f) is patently offensive to the Flathead Beacon online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- (g) harasses or harms, or advocates the harassment or harming of another person;
- (h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- (i) promotes information that you know is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- (j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (k) displays pornographic or sexually explicit material of any kind;
- (l) provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone under 18;
- (m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- (n) solicits passwords or personal information for commercial or unlawful purposes from other Members;
- (o) causes Us to lose (in whole or part) the services of Our ISPs or other suppliers;
- (p) links to materials or other content, directly or indirectly, to which you do not have a right to link;
- (q) encourages others to violate this Agreement; or
- (r) violates any applicable local, state, national, or international law.
- 3.2 Quality of Content. We do not review Content posted by Members before it is posted on the Website, and therefore we do not guarantee the accuracy, integrity or quality of your Content or the Content of other Members and cannot assure that harmful, inaccurate, deceptive, or objectionable Content will not appear on the Website. You agree that under no circumstances will Flathead Beacon be liable in any way, and that Flathead Beacon shall be held harmless for any Content, including, but not limited to, for any errors or omissions in your Content or the Content of other Members, or for any loss or damage of any kind incurred as a result of the use of your posting or the posting of other Members made available in connection with this Website, or generally for the accuracy, reliability, or quality of Content provided throughout the Website.
- 3.3 Copyright. The Website is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Website are also copyrighted works. You must abide by all copyright notices or restrictions contained on the Website.
- 3.4 Use. Except for Content you have posted on the Website, or unless expressly permitted by Us in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website, except that you may download material from the Website as machine readable copies and/or print copies of any article, provided that such copies will be used for your own personal (non-commercial) use. Without limiting the generality of the foregoing, you may not distribute any Content other than that posted by you over any network, database, website, nor may you sell or offer it for sale, without Our express written permission.
- 3.5 Grant of License. By posting Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant to Flathead Beacon a non-exclusive, perpetual, irrevocable, fully paid, worldwide license to use, copy, modify, adapt, publish, create derivative works from or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute, perform or display Content that you post (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Flathead Beacon shall not be limited in any way in its use, commercial or otherwise, of any Content appearing on the Website. Flathead Beacon is and shall be under no obligation to pay you or any Member any compensation for Content posted, or to respond to any of your or other Members’ postings.
4. Your Privacy.
5. Your Indemnity.
You agree to indemnify and hold Flathead Beacon, its subsidiaries, affiliates, officers, directors, shareholders, partners, vendors, agents, and employees harmless from any loss, liability, claim, demand, damages, losses, costs including reasonable attorneys’ fees or other expenses, made by any third party due to or arising directly or indirectly out your failure to fulfill any obligations relating to your account incurred by you or any other person using your account or your violation of any term of this Agreement or any intellectual property, privacy, publicity, or other right of any person or entity.
6. DISCLAIMER OF WARRANTIES.
- 6.1 WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. FLATHEAD BEACON IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO, AND TO HOLD US HARMLESS FOR ANY COMPUTER VIRUSES THAT YOU MAY RECEIVE FROM, ELECTRONIC MAIL SENT FROM THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONTENT, AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
- 6.2 UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANYONE’S USE OF THE WEBSITE, OR ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS. THE WEBSITE IS PROVIDED “AS-IS”, AND WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FLATHEAD BEACON CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. SERVICE OF THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM FLATHEAD BEACON OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
7. Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FLATHEAD BEACON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OR IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT, OR YOUR INABILITY TO USE THIS WEBSITE, EVEN IF FLATHEAD BEACON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLATHEAD BEACON’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO FLATHEAD BEACON FOR USE OF THE WEBSITE DURING THE TERM OF MEMBERSHIP, OR (B) $100.
8. Proprietary Rights.
- 8.1 Copyrights and Trademarks. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Flathead Beacon’s copyright agent for notice of claims of copyright infringement can be reached as follows: Publisher, Flathead Citizen, LLC, 217 Main Street, Kalispell MT 59901. Phone (406) 257-9220. Fax (406) 257-9231.
9. Commercial Use Prohibited.
You acknowledge and agree that the Website is for the personal use of Members and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
10. Transactions with Others.
We may permit third parties to advertise their products on the Website. You agree that in such a case Flathead Beacon shall not be liable for your interactions with any organizations and/or individuals on or through the Website, including but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Flathead Beacon is not responsible for any damage or loss incurred as a result of any such dealings.
Flathead Beacon may provide links to other websites or resources of possible interest to Members or Visitors. Because we have no control over such websites or resources, you acknowledge and agree that Flathead Beacon is not responsible for the availability of such web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. You understand that any such website are subject to the policies and procedures of the operator of such website.
12. Additional Terms.
- 12.1 Notices. Except as otherwise stated, any notice to us shall be given by certified mail to Flathead Citizen, LLC, Attention Copyright Notices, 17 Main Street, Kalispell MT 59901. And any notice to you shall be given to the e-mail address that you provided Us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
- 12.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Flathead Beacon, superseding any prior agreements between you and Flathead Beacon.
- 12.3 Governing Law. This Agreement and the relationship between you and Flathead Beacon shall be governed by the laws of the State of Montana without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Montana between Montana residents. You and Flathead Beacon agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Montana.
- 12.4 Assignment. You agree that this Agreement and all incorporated agreements may be assigned by Us, in Our sole discretion, to one or more third parties in connection with the merger, acquisition, or reorganization of Flathead Beacon.
- 12.5 No Waiver. Flathead Beacon’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive Our right to act with respect to subsequent or similar breaches.
- 12.6 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Flathead Beacon nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
- 12.7 Limitation. You and Flathead Beacon each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Our services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
- 12.8 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- 12.9 Survival. The provisions of this Agreement shall survive the completion, expiration, termination or cancellation of this Agreement to the extent that they are necessary to carry out the intention of the parties.
Please report any violations of this Agreement by sending a notice of the violation to Flathead Living by postal mail, as follows:
Flathead Citizen LLC Attention Copyright Notices
17 Main Street
Kalispell MT 59901
Effective Date: May 2007