Fauquier.com is a service (called the "Service" hereafter) operated by Times Community Media. By using the Service, you are agreeing to be bound by these Terms of Service. If you do not accept these Terms of Service, do not use the Service. The Terms of Service are subject to change at any time.
Use of the Service
You may use this Service solely for personal and non-commercial purposes. All applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. You agree that you will not hold Times Community Media liable for any inaccurate, incomplete, outdated or missing information on the Service.
You may use Fauquier.com without registration. However, in order to access some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use and you are solely liable for any use, or unauthorized use.
E-mail List Opt-In
By registering, you agree to "opt in" to receive e-mail updates from Fauquier.com. An "Unsubscribe" link contained in the e-mail updates will allow you to opt out immediately if you wish to stop receiving the updates.
Certain portions of Fauquier.com allow you to make comments or other contributions, all of which we call "Content," and you hereby grant Times Community Media a perpetual license to use, redact, republish, copy, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the Content. You acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Service
Acceptable Use Policy
You are solely responsible for the Content that you post on the Service or transmit to other users. There is some Content that we won't allow. Times Community Media will make the sole determination as to whether Content is acceptable for the Service. We may include, edit or remove any Content at any time without notice. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
This list is not intended to be exhaustive.
While we do our best to keep tabs on what is posted on the site, Times Community Media is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to determine compliance with this Acceptable Use Policy.
By using the Service, you agree that you will not hold Times Community Media responsible or liable for any Content from other users that you access on the Service. Times Community Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. By using Fauquier.com, you acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party.
If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, please report it to firstname.lastname@example.org.
Termination of Access
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
In order to provide you with as much relevant information as possible, the Service may contain links to other web sites not maintained by us. We are not responsible for the practices or the content of such other web sites or services.
Our Proprietary Rights
Times Community Media is the exclusive owner of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by Times Community Media.
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless Times Community Media, its officers, owners, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Times Community Media) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF VIRGINIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
Any claims asserted by you in connection with the Service must be asserted in writing to Times Community Media within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
We consider our Terms of Service to exist as individual parts of a larger whole. If any part of these Terms of Service are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service. This means that even if one part of the Terms is judged unsound, the rest still apply.
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
These Terms of Service were last updated on May 23, 2011.