The SunBreak | Terms of Service page for site

The SunBreak

Welcome to The SunBreak on Neighborlogs (the "Service")! By using The SunBreak (the "Service"), you ("You") accept and agree to be legally bound by these terms and conditions (the "Terms of Service"). You are only authorized to use the Service (regardless of whether your access or use was intended) if You agree to abide by all applicable laws and to these Terms of Service, which shall remain in full force and effect while You use the Service and thereafter. Please read these Terms of Use carefully and save a copy. If You do not agree with any Term of Service, You should leave this site and discontinue use of the Service immediately. If You intend to use the Service, You must read these Terms of Service and indicate your acceptance during the sign-up process.

This site operates on Instivate's Neighborlogs service. The site was created and is owned by a third party who is solely responsible for its day to day operation (the "Owner"). (Instivate and the Owner are known collectively as the "Operators").

Please keep in mind that the Operators may, in their sole discretion, modify these Terms of Service from time to time and such modifications shall be effective upon being posted on the The SunBreak website at sunbreakmagazine.com . You agree to be bound to any changes to these Terms of Service when You use the Service after any such modification is posted. It is therefore important that You review these Terms of Service regularly to ensure you are updated on any changes and your use of the Service is in compliance with these Terms of Service.

Please contact us at http://www.neighborlogs.com/contact if you have any questions regarding these Terms of Service.

1. Description of Service - The Service consists of a set of tools that allows You to view and contribute news stories and related content. You agree that the Service is provided to you on an AS IS and AS AVAILABLE basis, without warranty of any kind, either expressed or implied, and no representations are or have been made to You with regard to the reliability, availability, performance or security of the Service. Further You agree that neither the Operators nor any other person or entity involved in creating, producing or delivering the Service shall have responsibility or liability for any issue, claim or damage related to your use or the reliability, availability, performance, or security of the Service.

2. Appropriate Conduct and Prohibited Uses - You agree that You are solely responsible for your own conduct while using the Service, and for any consequences thereof. This means that You, and not the Operators or any other person or entity involved in creating, producing or delivering the Service, are entirely responsible for all content that is made available via the Service. The Operators do not control your content made available by the Service and do not guarantee the legality, accuracy, quality, or integrity of the content. Neither the Operators nor any person or entity involved in creating, producing or delivery the Service will be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available by the Service.

Please be careful about the information posted through the Service and in your profile. The following is a partial list of the kind of content that is illegal or prohibited to post though the Service. While the Operators have no duty to investigate or monitor the content posted by users of the Service, it reserves the right to investigate and take appropriate legal action against anyone who, in the Operators's sole discretion, violates this provision, including removing the offending content from the Service and/or terminating your account. You agree that when using the Service, You will not use or allow your account to be used for any illegal or prohibited content, which includes, but is not limited to, content that:

Violates any applicable law, statute, or regulation
Infringes upon a copyright or other intellectual property or promotes an illegal or unauthorized use of another person's copyrighted work
Publicizes another person's private and confidential information
Directs implied or explicit threats of violence against any person or group of people, or is patently offensive or promotes racism, bigotry, or hatred
Impersonates other individuals or organizations in a manner that is intended to mislead or confuse
Is pornographic, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable in nature, or advocates any such activity
Solicits any personal information from anyone under 18 years of age;
Involves the transmission of, or intent to transmit, "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", "spamming", malicious code, or viruses
Solicits passwords or personal information for commercial or unlawful purposes from other users
Promotes information that the user knows is false or misleading
Involves commercial activities and/or sales without the Operator's prior written consent (such as contests, sweepstakes, barter, advertising or pyramid schemes)
Promotes dangerous, abusive, threatening, obscene, defamatory, libelous, unlawful, criminal or illegal activities or conduct

3. Content Posted -

The Operators may delete any content that, in their sole judgment, violates these Terms of Service or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Operators assume no responsibility for monitoring the Service for inappropriate content or conduct. If at any time the Operators choose, in their sole discretion, to monitor the Service, the Operators nonetheless assumes no responsibility for any content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. If You become aware of any misuse of the Service by any person, please contact Instivate at http://www.neighborlogs.com/contact
You are solely responsible for the content You post on or through the Service, and any material or information You transmit to other users and for your interactions with other users. The Operators do not endorse and have control over any content. Content is not necessarily reviewed by the Operators prior to posting and does not necessarily reflect the opinions or policies of the Operators. The Operators make no warranties, express or implied, as to any content or to the accuracy and reliability of the content or any material or information You transmit to other users.

4. Password - When You sign up to use the Service, You will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another user at any time or to disclose your password to any third party. You agree to notify the Operators immediately if You suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Representations - By using the Service, You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the Service is to your knowledge truthful and accurate; (c) You own the content posted by you on or through the Service or otherwise have the right to grant the license with respect to such content noted below; (d) the posting of your content through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; (e) your use of the Service does not violate any applicable law or regulation; (f) You will not engage in any illegal and/or unauthorized use of the Service, including the collection of usernames or contact information for the purpose of sending unsolicited mail/email or unauthorized framing of or linking to the Service; (g) except for content posted by You, You will not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Service, except as specifically allowed through the Share and embedding tools made available by the Service; and (h) any content shared or embedded from the Service by You will use the original player software, if applicable, and attributed by name and url to centraldistrictnews.com.

6. Modifications - The Operators reserve the right to modify, suspend, or discontinue the Service with or without notice at any time and with no liability to You. Modifications could include changes to functionality that would be noticeable to You. These Terms of Service may be updated at our discretion from time to time without notice to You, which modifications shall be applicable to You upon using the Service after such modifications have been posted to the Service. If a modification is unacceptable to You, your only recourse is to discontinue your use of the Service.

7. Refusal of Service - The Operators reserve the right to restrict, refuse, cancel, or suspend Service to You at our sole discretion, and to reject, refuse to post or remove any posting by You, or to restrict, suspend or terminate your access to all or any part of the Service, at any time, for any or no reason, with or without prior notice, and without any liability. The Operators expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the Service, if we determine, in our sole discretion, that you pose a threat to the Operators and/or our other users.

8. Add-on Services and Features - The Operators reserve the right to offer new features of the Service that may require additional fees or other consideration for participation.

9. Advertising - The Service may display advertising to provide financial support for the site. The Operators do not endorse, recommend, evaluate, or guarantee any service, product, or other message contained in advertising displayed via the Service. The Operators reserve the right to, and in their sole discretion may, at any time, review, edit, reject, modify, or remove any advertisement.

10. Advertisers - The Service includes tools that allows You, or others on your behalf, ("Advertiser") to place advertisements within the content of the Service. Any Advertiser placing an advertisement on the site agrees that:

Advertiser shall be liable for all charges that accrue based on the price list provided to Advertiser at time of purchase. Advertiser agrees that to pay all applicable charges under this agreement , including any applicable taxes or other governmental fees.
Advertisements will continue running until either suspended by Advertiser or until the end date selected by Advertiser has passed. Advertiser agrees to accept the charges for any ads displayed during that time.
The price for advertising is subject to change at any time. If a price change affects an existing advertising placement, the Operators will send an email notification to the Operator at least 5 days prior to the price change having an impact on the Advertiser. If the Advertiser does not agree to the price change, the Advertiser's only recourse is to suspend any applicable advertisements. Any applicable advertisements that are not suspended will then be charged at the new rate. The Operators are not responsible for lack of notification caused by emails that are delayed or otherwise do not reach the Advertier.
The primary method of payment for advertising on the Service is through credit cards and/or debit cards Advertisers agree to grant permission for Instivate and it's third party payment processors to charge accrued fees for advertisements to the credit cards entered on the Service.
Advertiser agrees to not arrange alternate methods of payment or other consideration for advertising with the Owner, unless specifically authorized in writing by Instivate.
Charges due from an advertiser may be determined from various metrics collected by the Service, such as impressions, clicks, or time. Advertisers agree that the metrics collected by the Service are the only valid options for determining the charges due for advertisements.
Advertisers agree to promptly resolve and pay for any charges that are declined on their payment instruments. Instivate reserves the right to charge interest and late fees on any unpaid balance to the maximum amount allowed by law.
Some forms of advertising, including but not limited to flat-fee-per-month advertising, is non-refundable, even if cancelled before the end of the billing period.
Advertiser acknowledges that revenue from advertising may be split between Instivate and Owner according to a separate agreement, with each party respectively responsible for payment of any taxes or other fees due on such revenue, in an amount proportional to the agreed split of revenue between the two parties.
The Operators may from time to time offer special pricing, free advertising, or other promotions. All details of pricing, duration, and participation in such promotions is determined in the sole discretion of the Operators and is subject to change without notice at any time.

11. Advertising Revenue Sharing - The Owner may, in their sole discretion, offer You the opportunity to participate in revenue sharing for advertising displayed on the detail pages of content contributed to the Service by You. The percent of such revenue sharing is determined by the Owner. Instivate agrees to distribute hold such revenue in an internal account and distribute it to You on a monthly basis for any amount in excess of $50, calculated daily according to the terms defined by the Owner on the day such advertising was displayed. Instivate is not obligated to provide interest or other consideration on funds held for You in any internal account. If You are offered and elect to participate in revenue sharing, You agree that the precise algorithms, accounting, and other data used in the Service to determine payment is proprietary to Instivate and not available for review by You or any other third party. You further agree to be solely responsible for any taxes, fees, or withholding requirements of advertising revenue distributed to You through the Service.

12. Limitation of Liability - NEITHER INSTIVATE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL IN ANY EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNATIVE DAMAGES ARISING OUT OF OR CONNECTED WITH THE SUBJECT MATTER OF THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, EVEN IF INSTIVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, NEITHER INSTIVATE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE RESPONSIBLE FOR ANY CLAIMED DAMAGES THAT MAY ARISE FROM THE SERVICE BEING UNAVAILABLE FOR ANY REASON WHATSOEVER, OR RESULTING FROM THE CORRUPTION, DELETION OR ALLEGED MISUSE OF ANY DATA OR CONTENT STORED IN AND/OR MADE AVAILABLE BY THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INSTIVATE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INSTIVATE DURING THE TERM FOR THE SERVICE.

13. Limitations of Warranty - You agree that the use of the Service is at your own risk. Without limiting the generality of the foregoing, neither the Operators nor any other person or entity involved in creating, producing or delivery the Service makes any guarantees of the accuracy, correctness, or completeness of any information or content connected with the Service, or is responsible for: (a) any errors or omissions arising from the use of such information or content; (b) any failures, delays, deletions, defect or interruptions in the reliability, delivery, availability, operation, transmission, or performance of any content or Service; (c) any theft or destruction or unauthorized access to, or alternation of, any user communication or posting; (d) losses or damages arising from the use of the content or Service or the security thereof; (e) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to You or any person's computer related to or resulting from participation or downloading materials in connection with the Service; (f) any loss or damage, including personal injury or death, resulting from use of the Service, attendance at an event hosted by the Operators, from any content posted on or through the Service, or from the conduct of any user of the Service, whether online or offline; (g) any actual or perceived loss, impugnment, opportunity cost or similar claimed damage in connection with or as a result of the Service being categorized in a certain manner by the Operators or included in a location on the Service or otherwise with which You do not agree, including being grouped with other submissions the title, content or any other aspect of which the You find objectionable; (h) the opinions expressed through the Service or the sites of any other user; (i) the inclusion of any linked website on the Service, which inclusion does not imply any approval or endorsement of such linked site; or (j) any third party advertisements which are posted on the Service.

14. No Resale - You agree not to sell, resell, or trade any portion of the Service.

15. Instivate's Intellectual Property Rights - You acknowledge that Instivate owns all right, title, and interest in and to the Service, including all intellectual property rights. You agree that you will not copy, reproduce, alter, modify, or create derivative works of the Service. In addition, You agree that any ideas, suggestions, or proposals submitted to Instivate automatically become the property of Instivate without any obligation or consideration to You.

16. Owner's Intellectual Property Rights - Owner owns all right, title, and interest in the site's name and branding.

17. Your Intellectual Property Rights - The Operators claim no ownership rights in any content or data submitted to the Service. You retain all copyright to any content submitted to the Service according to your own standards and policies, and continue to have the right to use your content in any way You choose. You agree to pay for all royalties, fees and any other monies owing any person by reason of any content posted by You. By displaying, publishing or making content available through the Service, You grant the Operators a worldwide, non-exclusive, perpetual, royalty-free license to use, modify, reproduce, publish, publicly display and distribute such content on the Service and other locations for the purpose of promoting and distributing the services and products of Instivate, Instivate's third-party partners, or the Owner. This license does not grant the Operators the right to sell your content.

18. Copyright Policy - You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Instivate's policy to terminate the Service of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Instivate by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if You believe that your work has been copied and posted on through the Service in a way that constitutes copyright infringement, please provide us with the following information at http://www.instantjournalist.com/contact Attn: Copyright Representative: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description and URL of where the material that You claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) 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; (vi) 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.

19. Indemnity - You agree to indemnify and hold Instivate, its affiliates, subsidiaries, and their respective officers, agents, members, shareholders, partners, employees and representatives, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Service and/or arising from any breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that You post through the Service causes Instivate to in any manner be liable to another.

20. Violations - Violations of these Terms of Service will, in Instivate's sole discretion, be grounds for immediate account deactivation and the right of Instivate to pursue any legal remedies available at law or in equity.

21. Disputes - You agree that any dispute about or involving the Service will be governed by the laws of the State of Washington, USA, without regard to conflict of law principles and You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, City of Bellevue. Instivate may require that any dispute between Instivate and you about or involving the Service must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Bellevue, Washington, USA, provided that the foregoing shall not prevent Instivate from seeking injunctive relief in a court of competent jurisdiction.

22. Miscellaneous - These Terms of Service are accepted by You upon your use of the Service, and reaffirmed each time you log in to the Service. These Terms of Service and constitute the entire agreement between You and The Operators regarding the use of the Service. The failure of The Operators to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Instant Journalist is a trademark of Instivate, Inc. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.

I HAVE READ THE TERMS OF SERVICE AND AGREE TO ALL THE PROVISIONS CONTAINED THEREIN.