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Terms & Conditions

   Date of last revision: February 7, 2020
 

Acceptance of Terms:

Welcome to The Peachland Phoenix local news website. This document outlines the Terms and Conditions of Service.

By using or accessing (either by computer, mobile or other electronic device, including services offered on a payment basis, you agree to be bound by these Terms and Conditions. This site may be linked to other Internet sites which are not under control or maintained by The Peachland Phoenix Community News Ltd. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, including those related to your agreement to use a paid service, shall be the entire agreement between you and The Peachland Phoenix Community News Ltd. If you do not agree with these Terms and Conditions, do not use The Peachland Phoenix Community News Ltd. website or any of its services. Use of the Website will constitute your signature to this agreement and evidence that you have read, understand, accept and agree to the terms of the Agreement.

Registration:

You will be required to establish a membership account for the purpose of accessing content on The Peachland Phoenix Community News website. After signup, you will receive free unlimited access to The Peachland Phoenix Community News website for 30 consecutive days (weekdays and weekends). After 30 days, your method of payment (which you provide at signup) will then be charged $4 per month, with the option of unsubscribing.

You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers, and for all activities that occur under your account. You also agree to provide accurate, current and complete information, and to maintain the accuracy of that data. You also agree to pay all applicable fees, including applicable taxes incurred in connection with your use of this membership subscription account.

If you provide any information that is untrue, inaccurate, not current or incomplete, or that The Peachland Phoenix Community News Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Peachland Phoenix Community News Ltd. has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Services, including access to the Peachland Phoenix website. This notification will be sent to the user’s provided email address.

You agree to immediately notify The Peachland Phoenix Community News Ltd. of any unauthorized use of your password or membership account or any other breach of security; and ensure that you exit from your membership at the end of each session. You will also not do anything that would assist anyone who is not a registered user to gain access to any registration area of The Peachland Phoenix Community News website. Additionally, you will not create user accounts for the purpose of abusing the functionality of this website, nor will you pass yourself off as another user.

The Peachland Phoenix Community News Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

If you no longer wish to have a registered account and want to unsubscribe, you may terminate your account by sending an email to kristen@thepeachlandphoenix.com.

Privacy Statement:

Registration Data and other personal information about you is subject to our Privacy Policy. By submitting your personal information, you signify your agreement to the Privacy Policy, which may be amended from time to time. You agree that The Peachland Phoenix Community News Ltd. has the right, but not the obligation, to monitor the The Peachland Phoenix Community News Ltd. website and its Services electronically from time to time.

You acknowledge and agree that where you are required to set up a Member Account (for example to access your subscription and participate in the subscribers-only community forum), if you choose to do so using personal information provided by a third party website or application such as PayPal, Stripe, Facebook, Instagram or Twitter, this paragraph constitutes prior written notice to you, of, and your consent to, the collection and use of your personal information by The Peachland Phoenix Community News Ltd. for the purposes of setting up the Member Account.

User Conduct:

The Peachland Phoenix Community News website includes a community forum exclusively for subscribers. Your participation in this forum is dependent on the agreement that you you not post, comment, share, or otherwise transmit information that is offensive and including content that:

•Promotes racism, bigotry, misogyny, hatred or physical harm of any kind against any group or individual.

  • Could be harmful to minors in any way, shape or form.
  • Harasses or advocates harassment of another person or group;
  • Involves the transmission of spam, junk mail or any unsolicited messages.
  • Promotes information that is false, misleading, illegal, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or illegal.
  • Infringes on any patent, trademark, copyright or other proprietary rights of any party.

      •Posts commercial activities and / or sales on the community forum, such as  contests, barter advertising or buy / sell scenarios.

  • Contains any disabling mechanisms that may be used to access, modify, delete, damage or disable the content and services of The Peachland Phoenix Community website.

The Peachland Phoenix Community News Ltd. welcomes submitted photos, story ideas and articles for consideration. By submitting such material, you agree it becomes the sole discretion of The Peachland Phoenix Community News on whether to publish the material, in whole or in part. By submitting such material, you also agree to give The Peachland Phoenix perpetual, royalty-free and non-exclusive right and license to use, disclose, modify, publish, and distribute such submitted content or incorporate such content into future projects. If you are not the owner of the content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold The Peachland Phoenix Community News Ltd. harmless if any such content submitted is in violation of any such rights.

Original content published on this website is protected under Canadian, U.S., and foreign copyright, trademark and other laws. All the Content is the property of The Peachland Phoenix Community News Ltd., any content suppliers or affiliates. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

You are also certain the material you are submitting is either created by you, or it is attributed and credited accurately to the owner of said material.

You may object / personally disagree with stories, photos community forum comments and topics and other material that appears on The Peachland Phoenix Community website. The Peachland Phoenix Community News Ltd. strives for the highest standards of journalist practice. However, under no circumstances will The Peachland Phoenix Community News Ltd. be liable in any way for any loss, damage or injury related to, or arising as a result of, any content (including submitted content and community forum comments, posts and materials), 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 that is posted, uploaded, or otherwise submitted to the website. This is also true of content that is submitted through a third-party website, such as links or social media applications embedded therein.

You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that The Peachland Phoenix Community News Ltd. may preserve content and may also disclose it, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Peachland Phoenix Community News Ltd., its users and/or the public.

Users are hereby authorized to use the content of the website solely for his/her noncommercial, personal use. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material (The Peachland Phoenix, or the owner of submitted content). Copying, redistribution, or publication of copyrighted material, or changes to, or deletion of author attribution or copyright notice are prohibited.

Disclaimer of Warranties: The Peachland Phoenix Community News Ltd. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material contained on the website. The Peachland Phoenix Community News Ltd. disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect to the website. The Peachland Phoenix Community News Ltd. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on or thorough the website. The fact that a document is available on the website does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. The Peachland Phoenix Community News Ltd. has no duty or policy to update any information or statements contained on the website, and therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on the website may include technical inaccuracies or typographical errors. Changes may be made from time to time without updates to either the content on the website or the software and other products provided on the website.

THE PRODUCTS OR SERVICES OFFERED ON THE SITE ARE PROVIDED OR LICENSED “AS IS” WITH NO WARRANTIES WHATSOVEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PRORIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, The Peachland Phoenix Community News Ltd. DISCLAIMS ANY WARRANTIES FOR SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, The Peachland Phoenix Community News Ltd. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE WEBSITE. The Peachland Phoenix Community News Ltd. SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO OR CLAIMS IN RESPECT THEREOF, INCLUDING WITHOUT LIMITATION, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Limitiations of Liability:

IN NO EVENT WILL The Peachland Phoenix Community News Ltd. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY AND LOSS OF USE, ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE, EVEN IF The Peachland Phoenix Community News Ltd. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN ADDITION, IN NO EVENT WILL The Peachland Phoenix Community News Ltd. BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, ANY PROVIDER OF TELECOMMUNICATIONS SERVICES, INTERNET ACCESS OR COMPUTER EQUIPMENT OR SOFTWARE OR FOR ANY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO NATURAL DISASTER, EQUIPMENT FAILURE, COMPUTER VIRUS, OR FAILURE OR INTERRUPTION OF ELECTRICAL, TELECOMMUNICATIONS OR OTHER UTILITY SERVICES.

Indemnification:

You agree to indemnify and hold harmless The Peachland Phoenix Community News Ltd. and its affiliates and subsidiaries from and against any claims arising out of or relating to:

(a) Content you submit, post to, or transmit through the website;

(b) Your connection to the website;

(c)Your violation of this Agreement; or

(d)Your violation of any rights of any person in connection with the website.