Terms and Conditions of Use

 

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between any person who uses or accesses this website (“you”) and Indian Country Today Media Network, LLC (“ICTMN” “we” or “us”).  By accessing and/or using the Indian Country Today Media Network.com website (“Indian Country Today Media Network.com”), you agree to the terms and provisions set forth below and the Indian Country Today Privacy Policy, available at http://indiancountrytodaymedianetwork.com/privacy.

 

 

Modification or Termination of Terms of Use

 

We may modify or eliminate, in whole or in part, these Terms from time to time in our sole discretion without giving prior notice to you.  Each time you use or access Indian Country Today Media Network.com, you are deemed to have accepted any such modifications.

 

Use of Indian Country Today Media Network.com

 

Indian Country Today Media Network.com and its social network may contain user-submitted videos, chat areas, message boards, news groups, interactive forums, communities, personal web pages, group calendars, electronic mail postings and/or other message or communication facilities (collectively, “Social Features”) designed to enable you to communicate with the public at large, other Indian Country Today Media Network.com participants, or with a group.  You agree to use such Social Features only to send and receive messages, material or content that is proper and related to the particular Social Feature.  By way of example, and not as a limitation, you agree that you will not post or otherwise disseminate on or through Indian Country Today Media Network.com (or any Social Feature on Indian Country Today Media Network.com) any message, material or content that:

 

(i)                 is harassing, defamatory, libelous, tortious, offensive, vulgar, profane, violent, threatening, obscene, indecent,  or unlawful or otherwise inappropriate for a general audience;

(ii)               infringes or violates any copyright, trademark, trade secret, right of privacy, or any other proprietary or intellectual property right of any third party;

(iii)             contains any third party’s identification documents or sensitive financial information;

(iv)             constitutes “stalking” or any other form of harassment, bullying, or intimidation;

(v)               constitutes a criminal offense, gives rise to civil liability or otherwise violate any applicable law or that may result in a third-party claim against, or civil or criminal liability to us or one or more of our affiliates;

(vi)             constitutes hate propaganda or hate mongering, swearing, or fraudulent material or activity;

(vii)           advertises, promotes, sells, offers to sell, solicits, or offers to buy any goods or services for any commercial purpose unless the Social Feature specifically allows for such activity;

(viii)         relates to any raffles or sweepstakes unless the Social Feature specifically allows for such activity;

(ix)             relates to any pyramid schemes or chain letters;

(x)               attempts to harvest or otherwise collect information about others (including e-mail addresses and/or log-in information) without their consent and our express written consent;

(xi)             contains a virus, trap door, hidden sequence, hot keys, time bomb, other disabling code or other harmful component;

(xii)           disrupts the normal functioning of the Social Feature; or

(xiii)         is inconsistent with our public image, goodwill and reputation,  these terms, or any other applicable law or regulation.

 

You also agree that when you access Indian Country Today Media Network.com you will not: 

 

(i)                 download or access any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;

(ii)               falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material that is uploaded;

(iii)             restrict or inhibit any other user from using and enjoying a Social Feature;

(iv)             violate any code of conduct or other guidelines which may be applicable for any particular Social Feature; or

(v)               violate any applicable laws or regulations. 

 

We have the right, but we are not obligated  to monitor the content of the Social Features, Indian Country Today Media Network.com as a whole or the conduct of those participating in those Social Features.  However, we reserve the right to do so and may remove any information, content or materials that we decide (in our sole discretion) are objectionable or in violation of these Terms. We may also disclose any information provided in any Social Feature or otherwise known to us in order to satisfy any law, regulation, legal process or governmental request.  We may terminate your access to any or all of the Social Features at any time without notice for any reason whatsoever. 

 

The opinions expressed in Indian Country Today Media Network.com’s Social Features reflect the opinions of the participants, not ours.  Wedo not control, verify, vouch for, or endorse the content, messages or information found in any Social Feature.   Social Feature managers and hosts are not authorized ICTMN spokespersons, and their views do not necessarily reflect our views.  As with any interactive forum, participants may not actually be the person(s) they claim to be, and the information provided in a Social Feature may or may not be true.  You acknowledge that all Social Features are public and not private communications; therefore, your communications may be read by others without your knowledge.   Materials uploaded to a Social Feature may be subject to additional posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations as set forth in these Terms.

 

Third Party Websites

 

Indian Country Today Media Network.com may link to various websites (“Third Party Websites”) operated by organizations other than ICTMN. In addition, certain Third Party Websites also may provide links to Indian Country Today Media Network.com and may refer to themselves as Indian Country Today Media Network.com “affiliates.” These Third Party Websites are not under our control, and the inclusion of any link to or from our web site does not imply endorsement or sponsorship of the site by us.

 

In particular, the “Subscribe” tab in the Indian Country Today Media Network.com navigation bar links to a web site operated by Palm Coast Data LLC. The subscription website is not operated by us and is a Third Party Site.  Other tabs which may link to Third Party Websites operated by third parties may also be included and added to improve the Indian Country Today Media Network.com user experience. 

 

We provide these links to you only as a convenience. If you choose to use a Third Party Website, you will leave the Indian Country Today Media Network.com website, and you are responsible for viewing and abiding by the privacy statements and terms of use of the Third Party Websites.

 

We do not control and are not responsible or liable for any Third Party Websites or any content, advertising or other materials on or available from Third Party Websites. We make no warranty or representation regarding any Third Party Site or the information appearing thereon or any of the products or services described thereon.

 

When you use a Third Party Website, you do so at your own risk. We will have no liability arising out of or related to Third Party Websites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any Third Party Website.

 

Any dealings that you have with Third Party Websites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party.

 

Mobile

 

We currently provide access to Indian Country Today Media Network.com on mobile for free, but please be aware that your carrier’s normal rates apply still apply.

 

License to ICTMN

If you communicate, provide, or submit any content ideas, comments, communications, or other information or materials (collectively “Materials”) to us, or to Indian Country Today Media Network.com, we have no obligation or duty to post or use such Materials.  All Materials submitted or communicated by you to us(“Submissions”) are communicated, provided, or submitted to us without any restrictions on use or expectation of confidentiality.  By communicating with usor participating in any Social Feature hosted by us or on our behalf (including, but not limited to, making Submissions) you thereby grant (or warrant that the owner of such materials has expressly granted) to us an non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, reproduce, modify, adapt, distribute, sublicense, publicly perform and display any Submissions, without any compensation or other obligation to you whatsoever.  We may modify or adapt your Submissions in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Submissions as are necessary to conform and adapt those Submissions to any requirements or limitations of any networks, devices, services or media. 

 

The foregoing grant includes the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.  In addition, you warrant that all so-called “moral rights” in those materials have been waived.   

 

You represent and warrant that you own or otherwise control all of the rights in any Submissions; that the Submission does not violate any copyright, trademark, trade secret, right of privacy, or any other proprietary or intellectual property rights or any other legal obligation or law of any other third party; and that you will indemnify us for all claims resulting from your Submissions.  WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.

 

Copyright Infringement/ Digital Millennium Copyright Act

 

We respect the intellectual property rights of others, including the exclusive rights granted to copyright owners under Section 106 of Copyright Act.  This outlines the policy regarding the treatment of allegedly infringing material posted on Indian Country Today Media Network.com or Social Features. Please contact the designated agent identified below should you have any questions.

 

Copyright Infringement Notification

Should you identify any material on Indian Country Today Media Network.com that you believe infringes your copyright or the copyright of a third party on behalf of whom you are authorized to act, you may notify us thereof and request the removal of such content  by following the steps below:

 

In order to file a copyright infringement notification with us, you will need to send our designated agent, Meghan Murphy Beakman, General Counsel (5218 Patrick Road, Verona, New York 13478; mbeakman@oneida-nation.org) a written communication that includes the following information (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are intended to be covered by the notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Counter Notification

If, as an Indian Country Today Media Network.com user, you believe that certain material was removed erroneously pursuant to the receipt of a copyright infringement notice, you may send a counter notification to the designated agent referenced above, requesting that such material be reposted.  Such counter notification must contain the following:

 

  1. A physical or electronic signature of the subscriber at issue;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.

 

Abuse of Copyright Infringement Policy

Please note that under Section 512(f) of the Copyright Act (17 U.S.C. 512(f)), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability, so please refrain from making any false claims.

 

Please also be advised that we will terminate the subscriptions of certain repeat infringers, under the appropriate circumstances.

 

Intellectual Property Infringement (Non-Copyright Claim)

 

Should you identify any material on Indian Country Today Media Network.com that you believe infringes your intellectual property rights or the rights of a third party on behalf of whom you are authorized to act, you may notify us thereof and request the removal of such content by following the steps below:

 

In order to file an intellectual property infringement notification with us, you will need to send our designated agent, Meghan Murphy Beakman, General Counsel (5218 Patrick Road, Verona, New York 13478; mbeakman@oneida-nation.org) a written communication that includes the following information:

 

  1. A physical or electronic signature of the subscriber at issue;
  2. The subscriber’s name, mailing address, telephone number and email address;
  3. A description of the rights infringed;
  4. A statement that the subscriber is the owner or legally authorized representative of the owner of the intellectual property rights;
  5. A description of the infringing content and where it appears on the Dreamcatcher website (including the URL);
  6. A description of how content infringes the subscriber’s rights; and
  7. A statement, under penalty of perjury, that the information contained in the notification of infringement is accurate and that the use of the intellectual property described in the manner complained of is not authorized by the rights owner, its agent, or the law.

 

Policies for Users Under Age 18

 

Access to the Social Features to children under age 13 is prohibited.   Users under 18 years old must have parental consent to use the Social Features.

 

Disclaimer

THE WEBSITE AND SOCIAL FEATURES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. USE OF THIS WEBSITE AND SOCIAL FEATURES IS ENTIRELY AT YOUR OWN RISK.  WE DO NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL.  NEITHER ICTMN NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THIS WEBSITE AND/OR IN THE SOCIAL FEATURES.  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK.

 

YOU WILL BE SOLELY RESPONSIBLE FOR, AND ASSUME THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION YOU OBTAIN FROM US OR ANY OF OUR WEBSITES.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ICTMN, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT CONTRACTORS, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AND OTHER OWNERS (COLLECTIVELY, “ICTMNPARTIES”), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN INDIAN COUNTRY TODAY MEDIA NETWORK.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY ICMTNPARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO THESE TERMS, USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, OR IF ANY ICMTN PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL ICMTN PARTIES ARISING OUT OF OR RELATING TO THESE TERMS AND/OR RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, TO ACCESS THIS WEBSITE.

Indemnification

 

You agree to indemnify and hold harmless, and at our request, defend us, our affiliates and our and our affiliates’ respective officers, directors, employees, agents, contractors and licenseesfrom and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to your violation or breach of either these Terms or the rights of any third party.

Applicable Law and Place of Jurisdiction

Any use of Indian Country Today Media Network.com and/or Social Features and all legal disputes arising out of or in connection therewith shall be governed by and interpreted in accordance with the laws of the state of New York, without giving effect to the principles of conflicts of law thereof.  You consent to jurisdiction and venue in all matters in the State of New York.   

You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association (“AAA”), for final and binding arbitration.  Any and all dispute resolution proceedings shall be constructed on an individual basis and not in a class, consolidated, or representative action.  If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial. 

Website Users Located Outside of the United States:

If you are a user located outside of the United States, you consent to the transfer and processing of your data inside the United States.

 

Entire Agreement

 

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and ICTMN concerning the services described in these Terms. 

 

Waiver and Severability

 

If any portion of these terms and conditions are found to be unenforceable, the remaining portion(s) will remain in full effect.  If we fail to enforce any provision herein, it shall not be deemed to constitute a waiver of any of our rights. 

 

Questions, Concerns, or Complaints

 

Questions, concerns, or complaints related to conduct within Indian Country Today Media Network.com or Social Features should be emailed to customerservice@ictmn.com.

 

 

Revised:  October 7, 2012