Terms of Service

TERMS OF SERVICE

This agreement and policies include herald-journal.com, dasselcokato.com, delanoheraldjournal.com, plus all other domains owned and operated by Herald Journal Publishing as part of its publishing and marketing activities.

By using any of these web sites (“site”), you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the site, or to products and services that we make available to you through the site (all of which are deemed part of these Terms of Service). 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.

Introduction

The information and features included in this site have been compiled from a variety of sources for informational and entertainment non-commercial purposes only. This site and all information it contains are provided “as is.” By gaining access or linking to this site, you assume the risk that the information on this site may be incomplete, inaccurate or out of date, or may not meet your needs and requirements. Herald Journal may add, change, discontinue, remove, or suspend any of the contents of the web site at any time, without notice and without liability.

Historical Accuracy

Herald Journal reviews its content on a regular basis, but assumes no liability for any errors or omissions. Regarding material that is archived for future reference, Herald Journal’s intent is to preserve all news-type content intact as it was originally presented, even though it may be rendered incorrect by later events. In most cases, an original publishing date is included for historical perspective. In situations where an error is discovered, and we deem it appropriate to change previously published material, we will also include a notation stating that the material was changed and describing the nature of the change. Such changes are at the sole discretion of Herald Journal management, and are only done when there is a significant, compelling reason to do so.

Changes to Terms of Use

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 web site. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified. Should you object to any modifications to these Terms of Service, or become dissatisfied with the site in any way, your only recourse is to immediately discontinue use of the site. Otherwise, continuing to use the service means that you agree to be bound by the changes. 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 web site or infringes the rights of others.

Fees and Charges.

There are no fees or charges for using the basic services of this site. From time to time, there may be premium content available via subscription or surcharge. Those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help make this service possible. Herald Journal reserves the right at any time to charge fees for access to all or portions of this site. However, in no event will you be charged for access to the site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account, including, without limitation to, charges for any products or services offered for sale through the site by Herald Journal or by any other company, at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the site.

Registration

At times, Herald Journal may require user registration in order to access certain portions of the site, or to receive certain electronically transmitted content. Such registration requires that you provide certain personally identifiable information. In such cases, you accept responsibility for all activities that occur under your account. You are also responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not gain access to the site using your username or account in whole or in part. Herald Journal reserves the right to terminate membership and deny access to the site to any person who violates any of the Terms of Service. By registering and/or by gaining access to and using the site or any of its services, you agree to these Terms of Service.

From time to time, we may use the collected contact information for distributing content we feel may be of interest to you, either through one of our products or on behalf of other reputable organizations. Some such content may be available only on a by-request or paid-for basis, while other content may be offered to anyone whose contact information is in the system. We will strive to consistently offer a method for recipients to opt out from receiving such messages.

For additional information, please also see our Privacy Policy.

Responsibility for Your Username and Password

To use certain features of our site, you may need a username and password, which you will receive through the site’s registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or 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 web site or infringes the rights of others. 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.

Copyright, Trademark, Other Intellectual Property

This site and all of the information it may contain at any time, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “content”), are owned by Herald Journal or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.

Use of Content

You may use the content online solely for your personal, non-commercial use, and you may download or print a copy of any portion of the content for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in or on such content. However, unless otherwise expressly authorized in these Terms or on the Web site, you may not modify, frame, reproduce, sell, publish, perform, reuse, re-post, and/or display any portion of the content. In addition, you may not decompile, reverse-engineer, or disassemble any software or other products or processes accessible through the site, nor may you insert any code or product or manipulate the content in any way that affects any user’s experience. Other than as described in the Terms of Service, nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content displayed on the site in any manner without the prior written consent of Herald Journal or a third party that may own the content displayed on the site. For information about requesting permission to reproduce or distribute materials from the site, please contact us in writing at Herald Journal, PO Box 129, Winsted, MN 55395 or by email to hj@heraldjournal.com.

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: Attn General Manager, Herald Journal, PO Box 129, Winsted, MN 55395, or by email to hj@heraldjournal.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.

Our Right to Use Materials You Submit or Post

When you submit or post any material via the site, you grant 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 (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these 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. You understand that the technical processing and transmission of the site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Responsibility for User-Provided Content

This site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the site and post content and materials for display on the site. This site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree:

• that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material;

• that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit,

• that the materials will not violate the rights of, or cause injury to, any person or entity,

• that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, in any way we see fit, and you are not entitled to compensation of any kind.

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the site through which users can supply information or material, or sent via any email services that are made available via 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 transmit, post or otherwise provide on or through the site.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Limitations on Linking and Framing

You are free to establish a hypertext link to our site so long as the link does not state or imply any sponsorship of your web site or service by us or by our site. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another web site or other service any of our material, content, or intellectual property.

Security

Although Herald Journal maintains the site, as well as software and hardware used to operate it, 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.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, will we or our subsidiaries, 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, this site, including its materials, products, or services, or third-party materials, products, or services made available through this 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 subsidiaries, parent companies and 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, or 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.

Third Parties

Throughout our 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. 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. Your dealings or communications through this site with any party other than Herald Journal are solely between you and that third party. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Contact Information

For questions or comments regarding these Terms of Service or any other issue relating to Herald Journal Publishing, you may contact us at:

• PO Box 129, Winsted, MN 55395

• Telephone (320) 485-2535

• email hj@heraldjournal.com

• Location: 120 6th St. N., Winsted, MN.