Terms of Service

These terms and conditions (the “Terms”) govern your access to and use of the news websites and any related mobile applications that link to or reference these Terms (the “Site”), and related properties. By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Peninsula News Group LLC (“PNG”). If you are unwilling or unable to be bound by the Terms, please do not access or use the Site.

Your access and use of this Site is subject to these Terms of Service (“TOS”). PNG reserves the right, in our sole discretion, to change, modify, add, or delete portions of this TOS and the Privacy Policy at any time without notice. Your continued use is subject to all such revisions.

Site Restrictions

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. We may terminate, without notice, your access to the Site for failure to comply with this section.

Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data made available on the Site and any data extracted or compiled therefrom. The Site publishes news and information for general informational purposes only. While we strive for accuracy, we make no representation that any Content is complete, accurate, current, or error-free, and Content does not constitute professional, legal, financial, or other advice.

Where any interactive features are made available, you are solely responsible for obtaining any third-party licenses or permissions related to material you provide, and PNG is not liable for any statements, representations, or material provided by users. PNG has no obligation to screen, edit, or monitor user-provided material, but reserves the right, in its sole and absolute discretion, to remove, screen, or edit any such material at any time and for any reason without notice.

License

The Site and its Content are owned by PNG or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, PNG grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Content for your personal, non-commercial use.

To the extent you submit any material to PNG (for example, through a contact or feedback channel), you grant PNG and its affiliates a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, store, host, publish, translate, distribute, perform, publicly display, and create derivative works of that material in any and all media now known or hereafter developed. You acknowledge that PNG may exercise these rights without any obligation to compensate you.

Third-Party Content

By using this Site, you may be exposed to content from third parties. PNG takes no responsibility and assumes no liability for any content posted, stored, or uploaded by any third party. Certain Content may be sourced, syndicated, or licensed from news agencies and other providers and remains the property of its respective owners.

User Restrictions

You may not use this Site to:

1. upload, post, transmit, distribute, store or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. make available any material that (a) you do not have a right to make available under any law or under contractual or fiduciary relationships, or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3. make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
4. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. interfere with or disrupt PNG, our servers or networks, including by flooding or denial-of-service activity;
6. use any data mining, robots, scraping, or similar data gathering or extraction methods, or use the Content to train any machine-learning or artificial-intelligence model without our prior written consent;
7. violate any applicable local, state, national or international law or any regulations having the force of law;
8. “stalk,” harass or otherwise advocate the stalking or harassing of another person;
9. post Personally Identifiable Information of any third party, or solicit others to post third-party Personal Information; or
10. facilitate or encourage the violation of any of the above. You may not attempt to override or circumvent any security measures of PNG or our third-party partners.

Mobile Service

This Site may be accessible via a mobile device. PNG does not charge a fee for this, but your mobile device carrier fees may still apply. Downloading, installing, or using certain portions of the Site may be prohibited or restricted by your mobile carrier, and not all features may function with all carriers, devices, or software. We recommend you check with your mobile carrier for any applicable restrictions.

Links

This Site may contain links to other websites. PNG does not monitor or check the accuracy of such third-party materials and has no control over such third-party sites and resources. PNG is (a) not responsible for the availability of such external sites or resources, and (b) does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such third parties. If you decide to access a third-party link, you do so at your own risk.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, are solely between you and such advertiser. PNG shall not be responsible or liable for any loss or damage incurred by you. Sponsored or commercial content, where published, is identified as such.

Copyright Concerns

PNG respects the intellectual property rights of others. If you believe content published on the Site infringes your copyright, please contact us at contact@peninsulanewsgroup.com with a description of the copyrighted work, the location of the material on the Site, and your contact information. We review such concerns and respond as appropriate, which may include removing the material in question.

Contributions to PNG

We do not accept unsolicited feedback, ideas, documents, suggestions, or other information (“Contributions”) about our products and services. We shall be free to use any Contributions you provide for any purpose, including improving our products and services. All Contributions are provided voluntarily and free of any third-party rights or encumbrances.

No Resale of Service

You shall not reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of this Site.

Modifications to this Site

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site.

Termination

We may terminate or suspend your access to this Site without notice and in our sole discretion.

Trademark Information

This Site and any trademarks associated with it and/or PNG are the property of PNG. In no event shall any marks associated with this Site be deemed sold or assigned to you as a result of your acceptance of this TOS or your use of this Site. Any and all rights not expressly granted herein are reserved.

Indemnity

You represent and warrant that you have full authority to enter into and accept this TOS and grant the rights and licenses herein. You shall defend, indemnify, and hold PNG, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors (collectively, the “PNG Entities”) harmless against any and all third-party claims, damages, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein or your use of the Site.

Disclaimer of Warranties

Your use of this Site is solely at your own risk. PNG makes no representation, warranty, or guarantee of the suitability of the service or that the service shall be secure, uninterrupted, error-free, or function properly in combination with any third-party technology, hardware, software, systems, or data. This Site is provided on an “as is” and “as available” basis and all conditions, representations, and warranties, whether express, implied, statutory, or otherwise — including any implied warranty of merchantability, title, fitness for a particular purpose, or non-infringement — are hereby disclaimed to the maximum extent permitted by applicable law. PNG makes no representation, warranty, or guarantee regarding any products, services, information, or other material obtained by you through the service from a third party. You are solely responsible for any damage to your device or loss of data that results from such material.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall PNG or its partners be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of profits, business interruption, goodwill, data, breach of user security, termination of user access, or other pecuniary loss) arising out of this TOS or the use of or inability to use the service, even if PNG has been advised of the possibility of such damages. Your exclusive remedy and PNG’s total aggregate liability relating to, arising out of, in connection with, or incidental to this TOS for any reason shall be limited to the actual direct damages incurred by you, up to one hundred U.S. dollars ($100.00). This limitation applies to all causes of action or claims in the aggregate for any reason, including personal harm. Some jurisdictions do not allow certain exclusions or limitations; accordingly, some of the above may not apply to you.

Choice of Law; Arbitration

Wyoming law and applicable U.S. federal law will govern these Terms, as well as any claim, cause of action, or dispute that might arise between you and PNG (a “Claim”), without regard to conflict-of-law provisions. Except as set out below, any Claim shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the Federal Arbitration Act governing this provision. Arbitration shall be conducted in Wyoming, or remotely where permitted, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND PNG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Either party may bring an individual claim in small-claims court or seek injunctive relief to protect intellectual property rights. For any Claim not subject to arbitration, you consent to the personal and exclusive jurisdiction and venue of the state and federal courts located within Wyoming.

General

This TOS and the Privacy Policy comprise the entire agreement between you and PNG and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests, or other communications shall be in writing and sent via email or U.S. pre-paid post to the authorized representative of the other party. If any part of this TOS is found to be illegal, unenforceable, or invalid, then that part shall be removed and the remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency, or exclusive relationship shall exist between you and PNG. Any failure to enforce any provision of this TOS shall not constitute a waiver of such rights. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOS, as well as the provisions of this “General” section.