Top Story Network Terms of Use

Thank you for visiting Seattle Top Story and its network of Web sites (“Sites”), which are owned and operated by The 608 Media Group, LLC (“we,” “us,” “Seattle Top Story,” “Top Story Network” or “our”). These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the covered Sites. You are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority and capacity to enter into this Agreement. If you are not willing to follow these terms of service, please do not access and/or use these Sites. By continuing to use our Sites, you agree to abide by the terms of this Agreement. We reserve the right to deny access to these Sites or any portion of these Sites to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy these Sites or who infringes the rights of others.

Our limited license to you. The materials available through these Sites are the property of The 608 Media Group LLC and are protected by copyright, trademark and other intellectual property laws. The presence of any content on these Sites does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Site. Except as may be otherwise indicated in specific documents within the Sites, you are authorized to view, play and print material, including audio and video, found on our Sites for personal, educational and noncommercial purposes only provided that you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites without our express prior written permission. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites. Naturally, you are free to encourage others to access the information themselves from our Sites and to tell them how to find it. Requests for permission to reproduce or distribute materials found on our Sites can be sent to the contact address below.

Links. We welcome links to our Sites. You are free to establish a hypertext link to our Sites so long as the link does not state or imply any sponsorship of your site, service, application or mobile application by us.

No Framing. Without our prior permission, you may not frame, or in-line link, any of the content of our Sites, or incorporate into another Web site, application, mobile application or other service any of our intellectual property.

Trademarks. Seattle Top Story’s names and logos, all graphics, music, service marks and logos appearing within the Sites, unless otherwise noted, are trademarks and/or service marks whether registered or not. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned displayed, cited or otherwise indicated within the Sites are the property of their respective owners. You are not authorized to display or use Seattle Top Story’s marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within these Sites without prior written permission of such owners.

Notice of copyright infringement. Seattle Top Story does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via these Sites, please notify us immediately through our contact information below. Your notice must be in writing and include (i) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim is infringed; (iii) a description of where the material that you claim is infringing is located on the Sites including the URL, title and/or item number if applicable or other identifying characteristics; (iv) your name, address, telephone number and e-mail address and, if you are not the owner of the copyright, the name of the owner; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent or the law. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the Digital Millennium Copyright Act of 1998 shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Submitting User-Generated Content: Your license to us. You own the copyright in any original User–Generated Content you post. We do not claim any copyrights in User–Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User–Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User–Generated Content that you do not wish to license to us, including any photographs, videos or confidential information. User-Generated Content refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through these Sites using the social networking tools we make available to you, such as comments posted beneath news reports available on our Sites.

You are responsible for User–Generated Content that you post. Under no circumstances will we be liable in any way for any User–Generated Content. This means that you, not Seattle Top Story/The 608 Media Group LLC, are entirely responsible for all User–Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User–Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it. Because we do not control the User–Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User–Generated Content. You also agree and understand that by accessing these Sites, you may encounter User–Generated Content that you may consider to be objectionable, offensive, harmful, inaccurate or deceptive; there may also be risks of dealing with underage persons, people acting under false pretense, or international trade or foreign nationals. By using our Sites, you assume all associated risks. We have no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through this Site. The User–Generated Content posted on or through these Sites expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Seattle Top Story or any person or entity associated with us. In no event shall you represent or suggest, directly or indirectly, Seattle Top Story’s endorsement of User-Generated Content on our sites.

We may disclose and/or remove User–Generated Content. Seattle Top Story has certain rights. We have the right (but do not assume the obligation) to: (i) monitor all User–Generated Content; (ii) require that you avoid certain subjects; (iii) remove or block any User–Generated Content at any time without notice at our sole and absolute discretion; (iv) disclose any User–Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Seattle Top Story or others, or to enforce these Terms of Use; and (v) terminate your access to and use of these Sites, or to modify, edit or block your transmissions thereto in our sole discretion. Seattle Top Story may also, at its discretion, disable and suppress content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may take these actions in the event that (i) you breach these terms of use, including without limitation engaging in any of the restricted activities; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us. On certain pages of these Sites, we may provide to you a tool to report objectionable User–Generated Content. If that tool is not available, you can report objectionable User–Generated Content and other objectionable Content by contacting us using the information provided below. While we do not have any obligation to remove Content from this Site merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back–up or residual copy of the Content we remove from these Sites may remain on back–up servers. You agree that our exercise of such discretion shall not render us the owners of User–Generated Content you post, and that you will retain ownership thereof as described above.

Restrictions on User–Generated Content. It is a condition of these Terms of Use that you do not:
a. Upload, post, transmit or otherwise make available
(i) any User–Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, off-topic, irrelevant, pornographic, profane, racially or religiously disparaging, indecent, or invasive of another’s privacy;
(ii) any User–Generated Content that constitutes or encourages activity illegal under criminal or civil law or activities that cause injury or property damage to any person;
(iii) any User–Generated Content that is false, inaccurate, misleading, or fraudulent;
(iv) any User–Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(v) any User–Generated Content that violates or infringes upon the rights of others, including User–Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
(vi) any User–Generated Content that contains the image, name or likeness of anyone other than yourself, unless that person is at least eighteen years old and you have first obtained his/her express permission or that person is under eighteen years old but you are his/her parent or legal guardian;
(vii) any request for or solicitation of any personal or private information from any individual;
(viii) any request for or solicitation of money, goods, or services for private gain;
(ix) any material that contains software viruses or any other computer code including but not limited to viruses, worms, Trojan horses, spyware, time bombs or any form of malicious or benign computer programming whatsoever; or
(x) any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(xi) any User–Generated Content that contains advertising, promotions, marketing, or commercial content of any kind, including but not limited to graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interest beyond appropriate discussion of site content; or
(xii) any encrypted content or content that can be demonstrated to contain encoded messages; or
(xiii) any content that creates liability for us or causes us to lose (in whole or in part) the performance of our ISPs or other partners or suppliers;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
c. violate any local, state, national or international law, rule or regulation.

Your obligations. By posting User–Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User–Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User–Generated Content is accurate, true, current and complete and (iii) you are at least eighteen years old and you have read and understood—and your User–Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization.

Access or interference. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of these Sites or any activities conducted on these Sites; or (iii) bypass any measures we may use to prevent or restrict access to these Sites.

E-Commerce. These Sites may contain advertising or promotion of certain products and/or services that are provided by us or by a third-party merchant. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a merchant on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Sites, the information that you provide that merchant on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website, application, or mobile application and click on its information links or contact the merchant directly. You release us and our Affiliates from any damages that you incur, and agree not to assert any claims against us or any of our Affiliates, arising from your purchase or use of any products or services made available by third parties through these Sites.

No Warranty. We make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through these sites. These sites and all of their content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Seattle Top Story, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express or implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. without limiting the generality of the foregoing, Seattle Top Story, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non–infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error. We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be error-free, or continuously available, or free of any harmful components (including viruses). Seattle Top Story/The 608 Media Group LLC, its affiliates and their directors, officers, managers, employees, agents and licensors are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including loss revenues or profits, loss of business or loss of data in any way related to these Sites or for any claim, loss, or injury based on errors, omissions, interruptions or other inaccuracies in these Sites (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of these Sites.

Limitation of liability. To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of these Sites. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis. We are not responsible or liable in any manner for any user–generated content. We do not control and are not responsible for what users post using this site and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user-generated content you may encounter in connection with your use of this site. In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with our sites, any content thereon, our services or these terms of service (however arising, including negligence) or your use thereof, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if Seattle Top Story has been advised of the possibility of such damages. In no event shall company’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed fifty dollars ($50.00). If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed fifty dollars ($50.00).

No endorsements. Seattle Top Story does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Seattle Top Story spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user–generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of Seattle Top Story. We do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data.

Links to Third–Party Websites. These Sites may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Seattle Top Story shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation. We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently these Sites (or any portion thereof) and/or the information, materials, products and/or services available through these Sites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of these Sites.

Waiver. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Seattle Top Story of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction, and Venue. These Terms of Use will be governed under the laws of the State of Washington without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Seattle, Washington. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity. You agree to indemnify and hold Seattle Top Story and The 608 Media Group LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of these Sites in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using these Sites causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change. We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” on these Sites. These changes will be effective as of the date we post the revised version on these Sites. Your continued use of these Sites after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Entire Agreement. These Terms of Use contain the entire understanding and agreement between you and Seattle Top Story/The 608 Media Group LLC with respect to these Sites and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Seattle Top Story/The 608 Media Group LLC with respect to these Sites and your use of these Sites.

Contacting us. If you have any questions or notifications about these Sites or these Terms of Use, please contact us using the following information:

Seattle Top Story/The 608 Media Group LLC
P.O. Box 1001
Mercer Island, WA 98040
E-mail: newstips@seattletopstory.com