Cleveland Daily Banner
Test code.

Terms of Use

You are here

Use of this Site is conditioned on the acceptance, without modification, of these terms and conditions ("Terms of Use"). By using this Site You represent that You have read and understand these Terms of Use and agree to be bound by them. If You do not wish to bind Yourself to these Terms of Use, do not access or use this Site or access any materials from this Site. AP reserves the right, at its sole discretion, to modify these Terms of Use at any time, such modification effective immediately upon posting.

Parties

These Terms of Use are binding obligations of You. "You" means either: (a) the individual user of this Site ("User"), or (b) if User is acting on behalf of User's employer, client or another third party (such employer, client or third party, a "Principal"), then such Principal. If User is using this Site on behalf of a Principal, then (a) User represents and warrants that User has the authority to bind, and has bound, such Principal to these Terms of Use; and (b) User agrees to be jointly and severally liable for any breach of these Terms of Use by Principal.

Intellectual Property

This Site is owned by The Associated Press and/or its affiliates (collectively, "AP") and operated on AP’s behalf. All of the content elements displayed and/or downloadable on this Site, including photographs, graphics, images, text, audio-visual material, data and information (collectively, the "Content"), and all of the features of this Site, including this Site's designs, software code, and the products or services obtained from this Site (together with the Content, collectively, the "Site Elements") are the exclusive property of AP or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. All right, title and interest in and to such Site Elements shall remain the exclusive property of AP and/or its licensors. No Site Elements may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted in the license terms to which You have agreed. For the protection of AP and its licensors, Content may use electronic measures to protect against unauthorized use. You agree not to, nor attempt to, disable or interfere with any such measures.

Site Access and Accounts

This Site is intended solely for AP customers and licensees. You may not use this Site or any Site Elements for any purpose not related to Your business with AP. Any and all access to this Site is provided to You at AP's sole discretion. AP may immediately terminate, limit or restrict Your and/or Principals' access to this Site and/or any Site Element at any time for failure to abide by these Terms of Use. You agree that AP shall not be liable to You or any third party for any termination of Your access to this Site. You may not (i) employ software or any automatic means to "scrape" this Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or Site Elements; (iii) download, copy, distribute, or exploit this Site or any Site Elements, except as licensed by AP; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on visitors to this Site or personal information of AP's customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) copy, modify, or display AP's name, logo, trademarks or service marks, text, or graphic images in any way; (viii) engage in any unlawful or illegal activities in connection with the use of this Site; or (ix) frame this Site or Site Elements. AP controls and operates this Site from its offices within the State of New York, United States of America. AP does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the United States. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws. AP reserves the right to monitor any and all use of this Site.

Account Registration

If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. If You are registering on behalf of a Principal, You shall identify such Principal in Your registration application. Additionally, You hereby represent and warrant that You are authorized to provide such information and to register on such Principal's behalf. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. By using this Site, You warrant that You are 18 years of age or older. AP reserves sole discretion over whether to grant an account, and You agree to access the authorized sections of this Site and Your account only by using the user credentials supplied to You directly by AP. You are solely responsible for (i) maintaining the confidentiality of your account credentials (usernames, passwords, etc.) for the Site, and (ii) all activities occurring under Your accounts, usernames, or passwords. You shall notify AP of any unauthorized access or need to update or remove access for any of Your employees or agents. If You become aware of any suspicious or unauthorized conduct concerning an account, You shall contact AP immediately. You shall be liable for payment for all Content downloaded using Your account, with or without Your permission or knowledge prior to the time that You notify AP of any unauthorized use.

Confidentiality

In the course of using this Site and/or in speaking with AP representatives, You may receive certain pricing, technical, marketing or other confidential information. "Confidential information" includes any information that is either designated as confidential by AP or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of AP and is proprietary to AP. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of AP.

Disclaimers and Limitations on Liability

THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL AP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE. Your access to this Site or any Site Element is done at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. AP shall not be responsible or liable for any damage caused by theft, unauthorized access to Your account, systems failure, communications line failure or other occurrences beyond the control of AP. Although AP endeavors to ensure the accuracy, completeness and reliability of the Content, AP disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. AP also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results. This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by AP of the products or services offered by such third party Internet sites. AP does not operate or control in any way any information, products or services on these third-party sites and AP expressly disclaims any responsibility for such third-party sites, which are provided for Your convenience on an "as is" basis without warranties of any kind, express or implied. You hereby waive any and all claims against AP regarding the inclusion of links to outside Internet or the use thereof.

Potentially Offensive Material

This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. AP shall not be liable or responsible to You, or any other person or entity with respect to such Content.

Indemnification

You hereby agree to indemnify, defend and hold harmless AP and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations. Should You breach these Terms of Use, You will be required to pay all of AP's costs and expenses incurred in connection with the enforcement of these Terms of Use, including AP's attorneys' fees, costs and disbursements.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.

Governing Law; Jurisdiction; Disputes

These Terms of Use will be governed and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in New York County in the State of New York. You agree not to bring any of action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in New York County, State of New York. AP shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and AP where AP prevails, AP shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.

No Waiver

The failure of AP at any time to require performance by You of any provision of these Terms of Use shall in no way affect the right of AP to enforce the such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.

Interpretation

The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall". The words "herein", "hereof" and "hereunder", and words of similar import, shall be construed to refer to these Terms of Use. The headings used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.

© 2017 The Associated Press. All rights reserved.