Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Ohio County Monitor, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by OC Monitor in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services.
- Just as OC Monitor requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, promptly notify OC Monitor for review.
- By submitting Content to Ohio County Monitor for inclusion on the Website, you grant Ohio County Monitor a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the subject of your submitted Content. If you request for your submitted content to be removed, Ohio County Monitor will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Ohio County Monitor has the right (though not the obligation) to, in OC Monitor’s sole discretion (i) refuse or remove any content that, in OC Monitor’s reasonable opinion, violates any Ohio County Monitor policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OC Monitor’s sole discretion. Ohio County Monitor will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. (Click here to view detailed Terms of Sale of Subscriptions.)
- By selecting a product, service, or subscription, you agree to pay Ohio County Monitor the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, semi-annual, or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
- Unless you notify Ohio County Monitor before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable monthly, quarterly, semi-annual, or annual subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Renewal can be canceled at any time by submitting your request to Ohio County Monitor in writing.
- Fees; Payment. By signing up for a Subscription or Services account you agree to pay Ohio County Monitor the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Ohio County Monitor reserves the right to change the payment terms and fees at any time. Subscriptions can be canceled by you at any time by visiting the Ohio County Monitor website and accessing your account.
- Support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Ohio County Monitor to respond within one business day) concerning the use of the Subscription and Services.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OCMonitor.com links, and that link to OCMonitor.com. Ohio County Monitor does not have any control over those non-Ohio County Monitor websites and webpages, and is not responsible for their contents or their use. By linking to a non-Ohio County Monitor website or webpage, Ohio County Monitor does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ohio County Monitor disclaims any responsibility for any harm resulting from your use of non-Ohio County Monitor websites and webpages.
- Copyright Infringement and DMCA Policy. As Ohio County Monitor asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on OCMonitor.com violates your copyright, you are encouraged to notify Ohio County Monitor. Ohio County Monitor will respond to all such notices, including as required or appropriate by removing the infringing material.
- Intellectual Property. This Agreement does not transfer from Ohio County Monitor to you any Ohio County Monitor or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ohio County Monitor. Ohio County Monitor, OCMonitor.com, the OCMonitor.com logo, and all other trademarks, service marks, graphics and logos used in connection with OCMonitor.com, or the Website are trademarks or registered trademarks of Ohio County Monitor or OC Monitor’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ohio County Monitor or third-party trademarks.
- Advertisements. Ohio County Monitor reserves the right to display advertisements.
- Changes. Ohio County Monitor reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ohio County Monitor may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Ohio County Monitor may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OCMonitor.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid subscription or services account, such account can only be terminated by Ohio County Monitor if you materially breach this Agreement and fail to cure such breach within fifteen (15) days from OC Monitor’s notice to you thereof; provided that, Ohio County Monitor can terminate subscription or service immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Ohio County Monitor and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ohio County Monitor nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Ohio County Monitor, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ohio County Monitor under this agreement during the twelve (12) month period prior to the cause of action. Ohio County Monitor shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Ohio County Monitor, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Ohio County Monitor and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ohio County Monitor, or by the posting by Ohio County Monitor of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ohio County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Beaver Dam, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ohio County Monitor may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Modern Rural Media LLC (“Ohio County Monitor”) operates OCMonitor.com and may operate other websites. It is OC Monitor’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Ohio County Monitor collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. OC Monitor’s purpose in collecting non-personally identifying information is to better understand how OC Monitor’s visitors use its website. From time to time, Ohio County Monitor may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Ohio County Monitor also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on OCMonitor.com blogs/sites. Ohio County Monitor only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to OC Monitor’s websites choose to interact with Ohio County Monitor in ways that require Ohio County Monitor to gather personally-identifying information. The amount and type of information that Ohio County Monitor gathers depends on the nature of the interaction. For example, we ask visitors who sign up at OCMonitor.com to provide a username and email address. Those who engage in transactions with Ohio County Monitor are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Ohio County Monitor collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Ohio County Monitor. Ohio County Monitor does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Ohio County Monitor may collect statistics about the behavior of visitors to its websites. Ohio County Monitor may display this information publicly or provide it to others. However, Ohio County Monitor does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Ohio County Monitor discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on OC Monitor’s behalf or to provide services available at OC Monitor’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using OC Monitor’s websites, you consent to the transfer of such information to them. Ohio County Monitor will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Ohio County Monitor discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Ohio County Monitor believes in good faith that disclosure is reasonably necessary to protect the property or rights of Ohio County Monitor, third parties or the public at large. If you are a registered user of an Ohio County Monitor website and have supplied your email address, Ohio County Monitor may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Ohio County Monitor and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Ohio County Monitor takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Ohio County Monitor, or substantially all of its assets, were acquired, or in the unlikely event that Ohio County Monitor goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Ohio County Monitor may continue to use your personal information as set forth in this policy.
The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by the Ohio County Monitor in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services.