1. Introduction: This website is owned and operated by Shriver Media, LLC (“Company,” “we,” “our,” or “us”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the website www.mariashriver.com and any other online and mobile websites, blogs, social networks and application operated by or on behalf of Company and/or its affiliates that post, and are authorized to post, a link to these Terms, including, without limitation mariashriver.com, mariashriver.com/mystory, mariashriver.com/sundaypaper, mariashriver.com/alzheimers, mariashriver.com/reporting, mariashriver.com/work, shrivermedia.com and shopsundaypaper.com (individually and collectively, the “Site”). Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Although you may access a particular portion of the Site that does not include a link to the Terms, your use of the Site still binds you to the Terms. Company provides you with access to and use of the Site subject to your compliance with the Terms.
2. Company’s Right To Modify Site and Terms: Company reserves the right to make changes to the Site and to these Terms from time to time. When we make changes to the Terms, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.
3. License to Access Site: We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained herein solely in accordance with the Terms. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Site, including any products and services described on the Site, and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the features of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
4. Prohibited Uses: No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages is Company property or that of our suppliers, partners or licensees and is or may be protected by patent, trademark and/or copyright under United States and/or foreign laws. Further, except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Company.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products and providing information to the Site. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Company specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, including those that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; or
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
5. Disclaimer: Information Pertaining to Medical, Diet/Nutrition and/or Fitness: All medical, diet/nutrition and/or fitness information contained on or in connection with the Site (the “Medical, Diet/Nutrition and/or Fitness Information”) is provided for informational purposes only. The Medical, Diet/Nutrition and/or Fitness Information cannot be relied on for any purpose whatsoever, and should not be used in lieu of professional advice from a third party qualified, licensed doctor or other medical professional, nutritionist and/or fitness professional, regardless of whether the author and/or contributor of the Medical, Diet/Nutrition and/or Fitness Information is so qualified. You hereby agree that you will personally consult with the foregoing professionals, as applicable, with respect to any questions, concerns, issues or problems with respect to your or someone else’s health and not rely on the Medical, Diet/Nutrition and/or Fitness Information contained on or in connection with the Site. You further agree not to disregard professional advice or fail to seek professional advice due to the Medical, Diet/Nutrition and/or Fitness Information on the Site. The Medical, Diet/Nutrition and/or Fitness Information cannot be relied on, and is not intended, to diagnose, prevent or treat any health or medical issue. Your physician or 911 should be called immediately for any emergencies and/or any medical and/or health issues. Neither your receipt of Medical, Diet/Nutrition and/or Fitness Information nor any other information on the Site creates any level of professional responsibility, including, without limitation, doctor-patient confidentiality, between us and/or any third party, on one hand, and you, on the other hand. Engaging in any action or omission as a result of any Medical, Diet/Nutrition and/or Fitness Information or any other information contained on the Site is solely at your own risk.
Additional disclaimers and limitations of liability are contained in Paragraph 12 of these Terms.
6. Security Rules: Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to any of our servers or accounts, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); or
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site.
7. International Use: We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States Government’s lists of prohibited and restricted parties.
8. Product Information: Although we have made every effort to display our products and their colors as accurately as possible on the Site, the displayed colors of the products depend upon the monitor of the user, and Company cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.
9. Proprietary Rights: As between you and Company (or any other company whose marks appear on the Site) Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of all materials and content, including, without limitation, illustrations, photographs, product, images, audio clips and software (collectively, “Content”) on the Site and the arrangement and integration of all such Content, unless otherwise indicated. Our logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally. You agree not to display or use the Company Intellectual Property in any manner without Company’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of Company.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Company. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
10. User Submissions: All submissions of material of any nature to Company shall be governed by Company’s Submission Release.
11. Claims of Copyright Infringement: To the extent any content appearing on the Site, including content created and/or displayed by Company or otherwise, infringes your copyright, you must notify us in accordance with the below-referenced procedure by sending us an email to email@example.com with the following subject line: “DMCA TAKEDOWN REQUEST”.
In order for the notification to be effective, it must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material;
- your contact information;
- 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 by law; and
- a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Please be advised that, under federal law, any knowing misrepresentation that online material is infringing may subject you to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.
This paragraph is for the purpose of Company’s compliance with the DMCA. In no event shall this paragraph, or any other provision of these Terms, be deemed as legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
12. Disclaimers and Limitation of Liability: Company publishes information on its Site as a convenience to its visitors. While Company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Company products featured in the Site may not be available in your region. Company does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION AND/OR MEDICAL, DIET/NUTRITION AND/OR FITNESS INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND/OR MEDICAL, DIET/NUTRITION AND/OR FITNESS INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MEDICAL, DIET/NUTRITION AND/OR FITNESS INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY INFORMATION AND/OR ANY MEDICAL, DIET/NUTRITION AND/OR FITNESS INFORMATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnity: You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
14. Disputes: Any dispute relating in any way to these Terms, your visit to the Site, or to any transaction with Company shall be submitted to confidential arbitration in Los Angeles, California. However, if you have in any manner violated or threatened to violate any Company Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
15. Miscellaneous: These Terms constitute the entire agreement between you and Company and govern your use of the Site, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Company may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Company’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Company or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. You may not assign the Terms or any of your rights or obligations under the Terms without Company’s express written consent. The Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please contact us with any questions or concerns in connection with these Terms or the Site or to provide any notice under these Terms.
Last Updated March, 2020