Tennessean.com Terms of Service

General

The Tennessean.com website (the

“Site”) is owned and operated by Tennessean.com (”we” or “us”).

By using this Site, you agree to be bound by these Terms of Service and

to use the Site in accordance with these Terms of Service, our Privacy

Policy, and any additional terms and conditions that may apply to specific

sections of the Site or to products and services available through the Site. Accessing the Site, in any manner,

whether automated or otherwise, constitutes use of the Site and your agreement

to be bound by these Terms of Service.

We reserve the

right to change these Terms of Service or to impose new conditions on use of

the Site, from time to time, in which case we will post the revised Terms of

Service on this website. By

continuing to use the Site after we post any such changes, you accept the Terms

of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials

available on the Site are the property of us and/or our affiliates or licensors,

and are protected by copyright, trademark, and other intellectual property

laws. The Site is provided solely

for your personal noncommercial use.

You may not use the Site or the materials available on the Site in a

manner that constitutes an infringement of our rights or that has not been

authorized by us. More

specifically, unless explicitly authorized in these Terms of Service or by the

owner of the materials, you may not modify, copy, reproduce, republish, upload,

post, transmit, translate, sell, create derivative works, exploit, or

distribute in any manner or medium (including by email or other electronic

means) any material from the Site.

You may, however, from time to time, download and/or print one copy of

individual pages of the Site for your personal, non-commercial use, provided

that you keep intact all copyright and other proprietary notices. Information about requesting permission

to reproduce or distribute materials from the Site can be found here www.tennessean.com.

Your License to Us. By

posting or submitting any material (including, without limitation, photos and

videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making

your posting or submission with the express consent of the owner of the

material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post

any material, you are granting us, and anyone authorized by us, a royalty-free,

perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use,

copy, modify, transmit, sell, exploit, create derivative works from,

distribute, and/or publicly perform or display such material, in whole or in

part, in any manner or medium, now known or hereafter developed, for any

purpose. The

foregoing grant shall include the right to exploit any proprietary rights in

such posting or submission, including, but not limited to, rights under

copyright, trademark, service mark or patent laws under any relevant

jurisdiction. Also, in

connection with the exercise of such rights, you grant us, and anyone

authorized by us, the right to identify you as the author of any of your

postings or submissions by name, email address or screen name, as we deem

appropriate.

Limitations on Linking and

Framing. You may establish a hypertext link to the Site so long as

the link does not state or imply any sponsorship of your site by us or by the

Site. However, you may not,

without our prior written permission, frame or inline link any of the content

of the Site, or incorporate into another website or other service any of our

material, content or intellectual property.

Notice of Copyright Infringement. If

you are a copyright owner who believes your copyrighted material has been

reproduced, posted or distributed via the Site in a manner that constitutes

copyright infringement, please inform our designated copyright agent by sending

written notice by U.S. Mail to Gannett Co., Inc., 7950 Jones Branch Drive,

McLean, VA 22107, Attn: K. Jaske, or by email to kjaske@gannett.com. Please include the following

information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed

upon; (2) a description of the location of the allegedly infringing material on

the Site; (3) your contact information, including your address, telephone

number, and, if available, email address; (4) a statement by you indicating

that you have a good-faith belief that the allegedly infringing use is not

authorized by the copyright owner, its agent, or the law; (5) a statement by

you, made under penalty of perjury, affirming that the information in your

notice is accurate and that you are authorized to act on the copyright owner’s

behalf; and (6) an electronic or physical signature

of the copyright owner or someone authorized on the owner’s behalf to assert

infringement of copyright and to submit the statement. Please note that the contact

information provided in this paragraph is for suspected copyright infringement

only. Contact information for

other matters is provided elsewhere in these Terms of Service or on the Site.

Associated Press Materials. Some

of the material available on the Site is provided by the Associated Press. By using this Site you agree and

acknowledge that (1) Associated Press text, photo, graphic, audio, and/or video

material shall not be published, broadcast, rewritten for broadcast or

publication or redistributed directly or indirectly in any medium and (2) no Associated

Press materials nor any portion thereof may be stored in a computer except for

personal and non-commercial use. The

Associated Press will not be held liable for any delays, inaccuracies, errors

or omissions in its materials or in the transmission or delivery of all or any

part of its materials, or for any damages arising from any of the foregoing.

Disclaimers

Throughout the Site, we have provided links and pointers to

Internet sites maintained by third parties. Our linking to such

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 we

nor our parent or subsidiary companies nor any of our respective affiliates

operate or control in any respect any information, products or services that

third parties may provide on or through the Site or on websites linked to by us

on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH

THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES

OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE

UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART

OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE,

ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT

OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE

SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR

CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide

and are solely responsible for all hardware and/or software necessary to access

the Site. You assume the entire

cost of and responsibility for any damage to, and all necessary maintenance,

repair or correction of, that hardware and/or software.

The Site 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.

The Site 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

Certain sections of the Site may allow you to purchase many different

types of products and services online that are provided by third parties. We are 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 the Site or on a site linked to by the Site, 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, may be collected by both the merchant and us. A merchant may have privacy and data

collection practices that are different from ours. We have

no responsibility or liability for these independent policies. In addition,

when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that

specifically apply to your purchase or use of such products or services. For more information regarding a

merchant, its online store, its privacy policies, and/or any additional terms

and conditions that may apply, visit that merchant’s website and click on its

information links or contact the merchant directly. You release us and our affiliates from any damages that you

incur, and agree not to assert any claims against us or them, arising from your

purchase or use of any products or services made available by third parties

through the Site.

You agree to be financially responsible

for all purchases made by you or someone acting on your behalf through the

Site. You agree to use the Site

and to purchase services or products through the Site for legitimate,

non-commercial 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 us 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 the Site 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 we or our suppliers be liable in any way with regard

to such information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise

misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site

or its features, or disobey any requirements, procedures, policies or regulations

of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities

or cause injury or property damage to any person.

Gain unauthorized access to the Site, or any account, computer system, or

network connected to this Site, by means such as hacking, password mining

or other illicit means.

Obtain or attempt to obtain any materials or information through any means

not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous,

defamatory, obscene, vulgar, pornographic, profane or indecent information

of any kind, including without limitation any transmissions constituting or

encouraging conduct that would constitute a criminal offense, give rise to

civil liability or otherwise violate any local, state, national or international

law.

Use the Site to post or transmit any information, software or other material

that violates or infringes upon the rights of others, including material that

is an invasion of privacy or publicity rights or that is protected by copyright,

trademark or other proprietary right, or derivative works with respect thereto,

without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software or other material

that contains a virus or other harmful component.

Use the Site to post, transmit or in any way exploit any information, software

or other material for commercial purposes, or that contains advertising.

Use the Site to advertise or solicit to anyone to buy or sell products or

services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information

that has been posted by other users of the Site.

You understand

that we have no obligation to monitor any bulletin boards, chat rooms, web

logs, or other areas of the Site through which users can supply information or

material. However, we reserve the right at all times to

disclose any information we believe 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 our sole discretion are objectionable

or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any

features of the Site to anyone who violates these Terms of Service or who, in

our sole judgment, interferes with the ability of others to enjoy our website

or infringes the rights of others.

Registration

To access certain features of the Site, we may ask you to

provide certain demographic information including your gender, year of birth,

zip code and country. In addition,

if you elect to sign-up for a particular feature of the Site, such as chat

rooms, web logs, or bulletin boards, you may also be asked to register

with us on the form provided and such registration

may require you to provide personally identifiable information such as your

name and email address. You

agree to provide true, accurate, current and complete information about

yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such

information is untrue, inaccurate, or incomplete, we have the right to suspend

or terminate your account and refuse any and all current or future use of the

Site (or any portion thereof). Our

use of any personally identifiable 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 the Site, you will need a username and password, which you

will receive through the Site’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. We 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 the Site, you agree

that the advertisement as it appears on the Site becomes our property and you

assign all ownership interest in the advertisement as it appears on the Site

under copyright law or otherwise to us.

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 require

proper punctuation. We reserve the

right to edit, reclassify, revise, reject or cancel any advertisement at any

time, in our sole discretion.

Rates and specifications are subject to change.

Real Estate Advertisements; Equal Housing Opportunity

The Federal Fair Housing Act 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 WE, OUR 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, THE SITE, INCLUDING ITS MATERIALS,

PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE

AVAILABLE THROUGH THE SITE, EVEN IF WE ARE 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 MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE

LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO

THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT

LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE,

ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S

TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING

THE SITE.

Termination

We may cancel or terminate your right to use the Site or any part of

the Site at any time without notice. In the event of cancellation or

termination, you are no longer authorized to access the part of the Site

affected by such cancellation or termination. The restrictions imposed on you with respect to material

downloaded from the Site, and the disclaimers and limitations of liabilities

set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between us 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 the Site. 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 New York without giving

effect to any principles of 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.

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