Terms and Conditions
Welcome to Nashville.com and CCIN. Please read these Terms and
Conditions before using, or submitting content in any form or
medium for publication on, Nashville.com and CCIN. By continuing
to use us, or by submitting content for publication on Nashville.com
and CCIN, you agree to abide, and that you are bound, by these
Terms and Conditions. We reserve the right to change these Terms
and Conditions at any time, and you agree (including by virtue
of your continued use of our site) to be bound by any such changes.
Unless explicitly stated otherwise, any new features or functionality
(including, without limitation, video and related projects)
that augment or enhance our site shall be subject to these Terms
and Conditions. The most current version of these Terms and
Conditions can be viewed at any time at: Nashville.com.com.
1. We May Discontinue or Suspend Our Site or Terminate Your
Use: We reserve the right at any time and from time to time
to modify or discontinue, temporarily or permanently, our site
(or any part thereof) with or without notice. You agree that
Nashville.com and CCIN shall not be liable to you or any third
party for any such modification, suspension or discontinuance
of our site. In addition, we reserve the right to terminate
your access to our site for any reason, and to take any other
actions that Nashville.com and CCIN, in its sole discretion,
believes to be in the interest of our company and of our users
as a whole.
2. We Have All Rights In Our Site and Content; You Grant Us
Certain Rights When You Submit Content to Us:
(a) Our site (including all text, photographs, graphics, video
and audio content contained on our site) is protected by copyright
as a collective work or compilation under the copyright laws
of the United States and other countries, and we (subject to
the rights of our licensors and licensees under applicable agreements,
understandings and arrangements) have all rights therein. All
individual articles, blogs, videos, content and other elements
comprising our site are also copyrighted works, and we (subject
to the rights of our licensors and licensees under applicable
agreements, understandings and arrangements) have all rights
therein. You must abide by all additional copyright notices
or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless
of the form or medium with respect to such content, whether
text, videos, photographs, audio or otherwise), you are giving
us, and our affiliates, agents and third party contractors the
right to display or publish such content on our site and its
affiliated publications (either in the form submitted or in
the form of a derivative or adapted work), to store such content,
and to distribute such content and use such content for promotional
and marketing purposes. Without limiting the generality of the
foregoing, with respect to any video submissions to us made
by you from time to time, you understand and agree that (unless
you and we agree otherwise) we may, or may permit users to,
based solely on functionality provided and enabled by our website,
compile, re-edit, adapt or modify your video submission, or
create derivative works therefrom, either on a stand-alone basis
or in combination with other video submissions, and (unless
you and we agree otherwise) you shall have no rights with respect
thereto and we or our licensees shall be free to display and
publish the same (as so compiled, re-edited, adapted, modified
or derived) for any period.
(c) You shall be solely responsible for your own submissions
and the consequences of posting or publishing them. In connection
with each of your submissions, you affirm, represent, and/or
warrant that: (I) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize us to use all
patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all such submissions to enable inclusion
and use of such submissions in the manner contemplated by us
and these Terms and Conditions; and (II) you have the written
consent, release, and/or permission of each and every identifiable
individual person in such submissions to use the name or likeness
of each and every such identifiable individual person to enable
inclusion and use of such submissions in the manner contemplated
by us and these Terms and Conditions. In furtherance of the
foregoing, you agree that you will not: (I) submit material
that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material
and to grant us all of the rights granted herein; (II) publish
falsehoods or misrepresentations that could damage us or any
third party; (III) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; or
(IV) post advertisements or solicitations of business. We reserve
the right to remove or not publish submissions without prior
notice. You understand that when you submit content in any form
to Nashville.com and CCIN we may authorize such content to be
distributed or syndicated to or published on other Nashville.com-branded
environments.
3. You Have Rights if You Believe Your Copyright is Being
Infringed: If you are a copyright owner or agent thereof and
believe that any of our content infringes upon your copyright,
please submit notice, pursuant to the Digital Millennium Copyright
Act (17 U.S.C. § 512 ©) to our Copyright Agent with
the following information: (I) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright; (II) a description of the copyrighted work that you
claim has been infringed; (III) the URL of the location containing
the material that you claim is infringing; (IV) your address,
telephone number, and email address; (V) a 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; and
(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.
Our Copyright Agent can be reached as follows: By mail: press@Nashville.com
By phone: 760-416-2526
By fax: 760-416-5848
By email: david@ccin.com
Please note that attachments cannot be accepted at the email
address for security reasons. Accordingly, any notification
of infringement submitted electronically with an attachment
will not be received or processed.
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce,
distribute, publish, enter into a database, display, perform,
modify, create derivative works from, transmit or in any way
exploit any part of our site or any content thereon, except
as permitted under the last sentence of this Section 4(a) and
except that you may make one print copy that is limited to occasional
articles of personal interest only. Without limiting the generality
of the foregoing (but subject to the last sentence of this Section
4(a)), you may not distribute any part of this site or any content
thereon over any network, including, without limitation, a local
area network, or sell or offer it for sale. In addition, these
files may not be used to construct any kind of database. Just
as we from time to time excerpt materials from other sources
in order to support the various commentaries and writings contained
herein, we respect the right of others to make “fair use”
of the materials contained on our site; accordingly, you may
from time to time excerpt and use materials set forth on this
site consistent with the principles of “fair use”.
(b) We are concerned about the integrity of our site when it
is viewed in a setting created by a third party that includes
advertising or other materials that we have not authorized to
be displayed with the content of our site. Neither you nor any
third party shall make use of the contents of our site in any
manner that constitutes an infringement of our rights, including
copyright or that has not been authorized by us.
5. We are an Internet Service Provider, e.g., We are Not Responsible
For and Do Not Necessarily Hold the Opinions Expressed by Our
Content Contributors: Opinions and other statements expressed
by users and third parties (e.g., bloggers) are theirs alone,
not opinions of Nashville.com and CCIN. Content created by third
parties is the sole responsibility of the third parties and
its accuracy and completeness are not endorsed or guaranteed.
You acknowledge that by providing you with the ability to view
and distribute content through our site, Nashville.com and CCIN
is not undertaking any obligation or liability relating to the
content. Nashville.com and CCIN and its affiliates, successors,
assigns, employees, agents, directors, officers and shareholders
do not undertake or assume any duty to monitor our site for
inappropriate or unlawful content. Nashville.com and CCIN and
its affiliates, successors, assigns, employees, agents, directors,
officers and shareholders assume no responsibility or liability
which may arise from the content thereof, including, but not
limited to, claims for defamation, libel, slander, infringement,
invasion of privacy and publicity rights, obscenity, pornography,
profanity, fraud, or misrepresentation. Notwithstanding the
foregoing, Nashville.com and CCIN reserves the right to block
or remove communications, postings or materials at any time
in our sole discretion.
6. You Will Be Responsible for Any Harm We Suffer as a Result
of Your Violation of These Terms and Conditions or Any Breach
by You of Your Representations and Warranties: You agree to
indemnify and hold harmless Nashville.com and CCIN and its affiliates,
and their respective members, directors, officers, managers,
employees, shareholders, agents, and licensors, from and against
all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation by you of
these Terms and Conditions or any breach by you of your representations
and warranties hereunder. We reserve the right to take over
the exclusive defense of any claim for which we are entitled
to indemnification under this Section 6. In such event, you
shall provide us with such cooperation as is reasonably requested
by us.
7. Your Use of Our Site is Subject to Certain Disclaimers:
OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT
THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY
BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE
NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION
OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR
SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE
THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED,
UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS
ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS
ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO
PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES”
OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE
OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED
FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE
NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH
OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES,
AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES,
MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US
OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH
CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF
ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES
IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET
DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON
BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE
PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE
THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION
CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR
THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE
RESPONSIBILITY OF SUCH THIRD PARTIES
8. We are Not Responsible for Linked Sites: We are not responsible
for the availability or content of other services that may be
linked to our site. Because we have no control over such services,
you acknowledge and agree that we are not responsible for the
availability of such external services, and that we do not endorse
and are not responsible or liable for any content, accuracy,
quality, advertising, products or other materials on or available
from such services. You further 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 content, goods
or services available on or through such services.
9. We May be Legally Compelled to Disclose Certain Information:
You agree that in the event we receive a subpoena issued by
a court or from a law enforcement or government agency, we shall
comply with such subpoenas without your consent or prior notice
to you and may disclose your IP address, username, name, IP
location or other information in response thereto.
10. Our Liability to You is Limited: Nashville.com and CCIN
and its affiliates, and their respective members, directors,
officers, managers, employees, shareholders, agents and licensors
are not liable for incidental, indirect, consequential, special,
punitive, or exemplary damages of any kind, including, without
limitation, lost revenues or profits, loss of business or loss
of data, in any way related to this site or for any claim, loss
or injury based on errors, omissions, interruptions or other
inaccuracies in our site (including, without limitation, as
a result of breach of any warranty or other term of these Terms
and Conditions). Any claim against us shall be limited to the
amount you paid, if any, for use of our site.
11. Any Dispute Between Us Will be Governed by New York Law:
These Terms and Conditions shall be governed by the laws of
the United States and the State of New York, applicable to agreements
made and to be performed therein without regard to conflict
of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE
TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each
Section of these Terms and Conditions are for convenience of
reference only and shall be ignored in the construction or interpretation
hereof.
