Widget Terms of Service

MyNorth TERMS OF USE (last updated April 21, 2010)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WIDGET. By accessing and using this MyNorth Widget from MyNorth Media, you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use").

MyNorth Media reserves the right to change or modify these Terms of Use or any policy or guideline of the MyNorth Widget, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the MyNorth Widget, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the MyNorth Widget following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

General

MyNorth Media and its subsidiaries and affiliates (collectively, MyNorth Media) provide you with access to this MyNorth Widget and the services offered by MyNorth Media available on it.  Access to and use of the Services is governed by these Terms of Use.

You agree that by using the MyNorth Widget, you allow MyNorth Media to post content that will appear on your site.  MyNorth media may provide sponsored content at our discretion.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the MyNorth Widget will not contain any content that is prohibited by these Terms of Use.

You understand that MyNorth Media does not endorse or warrant any particular content or information available via the MyNorth Widget or guarantee the accuracy, integrity or quality of such content or information.

Modification Of MyNorth Media Services

MyNorth Media reserves the right to modify or discontinue the MyNorth Widget or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. MyNorth Media shall not be liable to you or any third party should MyNorth Media exercise its right to modify or discontinue the MyNorth Widget or part of it.

MyNorth Media reserves the right to charge a fee for the use of the widget at some future date. All users will be given ample time to remove the widget prior to any changes to the fee base.

Copyright And License

All copyrighted and copyrightable materials on this MyNorth Widget, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of MyNorth Media or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this MyNorth Widget, use the MyNorth Widget and print the Materials for non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the MyNorth Widget, and to block or prevent future access to and use of the MyNorth Widget. The foregoing license grant does NOT include the right for you to:

   1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;    2. market, sell or make commercial use of the MyNorth Widget or any Materials;
   3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
   4. make derivative uses of the MyNorth Widget or the Materials; or    5. use, frame or utilize framing techniques to enclose any portion of this MyNorth Widget (including the images found at this MyNorth Widget or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of MyNorth Media or any third party. Any unauthorized use of this MyNorth Widget will terminate the permission or license granted by these MyNorth Widget Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

MyNorth Media does not assert copyright or grant any rights to the underlying images that may be contained in the MyNorth Widget beyond those MyNorth Media holds. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

Trademarks And Service Marks

"MyNorth Widget" and our logos are either trademarks, service marks or registered trademarks of MyNorth Media, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "MyNorth Media" or any other name, trademark, or product name of MyNorth Media without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MyNorth Media, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MyNorth Media’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links To Other MyNorth Widgets

If the MyNorth Widget links to third-party websites, these third-party websites are not under the control of MyNorth Media. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us or the MyNorth Widget or any information contained therein. MyNorth Media is not responsible or liable for the contents of any links from the MyNorth Widget. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this MyNorth Widget, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), MyNorth Media has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this MyNorth Widget in a way that constitutes copyright infringement, please provide MyNorth Media’s copyright agent the following written information:

    * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;     * A description of the copyrighted work that you claim has been infringed upon;
    * A description of where the material that you claim is infringing is located on the MyNorth Widget;
    * Your address, telephone number, and e-mail address;
    * 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;     * 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.

Indemnification

You agree to defend, indemnify, and hold MyNorth Media harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content or your use of the MyNorth Widget and the content, including, without limitation, any actual or threatened suit, demand, or claim made against MyNorth Media arising out of or relating to the user content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

No Warranties

THIS MyNorth Widget, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS MyNorth Widget, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS MyNorth Widget, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE MyNorth Widget. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS MyNorth Widget ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL MyNorth Media, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS MyNorth Widget, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Responsibility for Third Party Content

MyNorth Media may provide third party content on the MyNorth Widget and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. MyNorth Media does not monitor or have any control over any Third Party Content or third party Web Sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not MyNorth Media. MyNorth Media does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the MyNorth Widget by any third party. Users use such Third Party Content contained therein at their own risk.

Choice Of Law, Waiver, And Claims

These Terms of Use shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. MyNorth Media’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Traverse City, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either MyNorth Media or you may seek any interim or preliminary relief from a court of competent jurisdiction in Traverse City, MIchigan, as necessary to protect the rights or property of you or MyNorth Media.

Copyright © 2010 MyNorth Media, Inc. All rights reserved.