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Terms of Use

Capitol News Connection Terms of Use

1. Your Acceptance
A. By using, visiting and/or accepting information from the Capitol News Connection website including www.capitolnewsconnection.org and all content available through the Capitol News Connection domain names (.com, .net and others) and related documents (collectively known as the “CNC Website”, “CNC” or “Website”), you tacitly accept your agreement to use such website under (1) the entirety of these terms and conditions (the “Terms of Service”), (2) CNC’s privacy notice, found at www.capitolnewsconnection.org/privacy and incorporated here by reference. If you do not agree to any of these terms and/or the CNC privacy notice, you agree to not use the website and shall discontinue such use and not provide data to the host. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.capitolnewsconnection.org/termsofuse. CNC may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. CNC Website A. These Terms of Service apply to all users of the CNC Website, including users who are also contributors of audio, video and text content, information, and other materials or services on the Website. The CNC Website includes all aspects of CNC, including the CNC “Embeddable Player,” all embeddable code relating to questions and answers, audio and video content from Capitol News Connection and all user-generated content. B. CapitolNewsConnection.org may contain links to third party websites that are not owned or controlled by Capitol News Connection and the nonprofit media organization Pundit Productions, Inc that operates both CNC and the CNC widget and website. Pundit Productions, Inc., Capitol News Connection and CapitolNewsConnection.org has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CNC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CNC from any and all liability arising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the CNC Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. CNC Accounts A. In order to access some features of the Website, you will have to create an CNC account. You may never use another’s account without permission and accept responsibility to safeguard and keep secure your account, access code and other private information so that others may not access it without your permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Capitol News Connection immediately of any breach of security or unauthorized use of your account. B. Although Pundit Productions, Inc., and Capitol News Connection will not be liable for losses caused by any unauthorized use of your account you may be liable for the losses of CNC or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions Pundit Productions Inc., and Capitol News Connection hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions, (defined as writings, data, ideas, links, video or other information submitted to the CNC website), without crediting CNC and Capitol News Connection (CNC). B. You agree not to alter or modify any part of the Website, including but not limited to CNC’s embeddable widget, embeddable player, embeddable audio, text and video content, or any of its related technologies. C. You agree not to access User Submissions (defined below) or CNC Content through any technology or means other than the audio and video playback pages of the Website itself, the CNC Embeddable Player, or other explicitly authorized means CNC may designate. D. You agree not to use the Website, including the CNC widget, embeddable player and embeddable code or content for any commercial use, without the prior written authorization of Pundit Productions Inc. Prohibited commercial uses include any of the following actions taken without CNC’s express approval: • sale of access to the Website or its related services (such as the widget, embeddable player, audio, video and other content) on another website; • use of the Website or its related services (such as the widget, embeddable player, audio, video and other content), for the primary purpose of gaining advertising or subscription revenue; • the sale of advertising, on the CNC website or any third-party website, targeted to the content of specific User Submissions or CNC content; • uploading original audio, text or video to CNC, or maintaining an original channel on CNC, to promote your business or artistic enterprise. • and any use of the Website or its related services (such as the widget, embeddable player, audio, video and other content) that CNC finds, in its sole discretion, to use CNC’s resources or User Submissions with the effect of competing with or displacing the market for CNC, CNC content, or its User Submissions. E. Prohibited commercial uses do not include: • using the embeddable widget, player or code for private or educational uses, including listening to CNC or CNC audio or access CNC and CNC content on a blog or website, provided the primary purpose of using the Embeddable Player and Widget is not to gain advertising revenue or compete with CNC; • any use that CNC expressly authorizes in writing. F. If you use the CNC Widget, embeddable code and content or embeddable player on your website, you must include a prominent link back to the CNC website on the pages containing this content and you may not modify, build upon, or block any portion of the embeddable widget, player, code or content in any way. G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the CNC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CNC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CNC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. H. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations and international treaties, I. CNC reserves the right to discontinue any aspect of the CNC Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the CNC Website. A. The content on the CNC Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, audios, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CNC, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without crediting CNC. CNC reserves all rights not expressly granted in and to the Website and the Content. B. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the CNC Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the CNC Service or otherwise as prohibited under this Agreement. C. You may access CNC Content, User Submissions and other content only as permitted under this Agreement. CNC reserves all rights not expressly granted in and to the CNC Content and the CNC Service. D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. E. You agree not to circumvent, disable or otherwise interfere with security-related features of the CNC Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CNC Website or the Content therein. G. You understand that when using the CNC Website, you will be exposed to User Submissions from a variety of sources, and that CNC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CNC with respect thereto, and agree to indemnify and hold CNC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As an CNC account holder you may submit text questions (“User Questions”) and textual content (“User Comments”). User Questions and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, CNC does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CNC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. C. By submitting User Submissions to CNC, you hereby grant CNC a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CNC Website and CNC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the CNC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CNC Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CNC all of the license rights granted herein. E. CNC, Capitol News Connection and its parent Pundit Productions Inc. do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CNC/CNC/Pundit expressly disclaims any and all liability in connection with User Submissions. CNC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CNC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. CNC reserves the right to remove Content and User Submissions without prior notice. F. CNC encourages free speech and defends everyone’s right to express unpopular points of view. But the site will not permit hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality. There is also zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, offensive language or the revealing of other members’ personal information. Anyone caught doing these things may be permanently banned from CNC at the exclusive discretion of CNC. G. When a question or comment gets flagged as inappropriate, we review the text to determine whether it violates our Terms of Use—flagged questions or comments are not automatically taken down by the system. If we remove your question or comment after reviewing it, you can assume that we removed it purposefully, and you should take our warning notification seriously.
7. Account Termination Policy A. CNC will terminate a User’s access to its Website at its discretion, to uphold these terms of use, uphold community standards or otherwise under appropriate circumstances to be determined solely by CNC. B. CNC reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CNC may remove such User Submissions and/or terminate a User’s access for publishing such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. If you have an account terminated you are prohibited from ever signing up for another account! 8. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE CNC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PUNDIT PRODUCTIONS INC (INCLUDING CAPITOL NEWS CONNECTION), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CNC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CNC WEBSITE. CNC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CNC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CNC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability IN NO EVENT SHALL PUNDIT PRODUCTIONS INC (CAPITOL NEWS CONNECTION AND Capitol News Connection), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CNC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CNC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by CNC from its facilities in the United States of America. CNC makes no representations that the CNC Website is appropriate or available for use in other locations. Those who access or use the CNC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Indemnity You agree to defend, indemnify and hold harmless CNC, its parent corporation, officers, directors, employees 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) your use of and access to the CNC Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CNC Website.
11. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CNC Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CNC Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
12. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CNC without restriction.
13. Choice of Law and Venue Disputes under these terms of service shall be governed under the laws of the District of Columbia without regard to conflict of laws analysis. You agree that: (i) the CNC Website shall be deemed solely based in the District of Columbia; and (ii) the CNC Website shall be deemed a passive website that does not give rise to personal jurisdiction over CNC, either specific or general, in jurisdictions other than the District of Columbia. These Terms of Service shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any judicial claim, dispute, hearing or administrative proceeding between you and CNC that arises in whole or in part from the CNC Website shall be submitted to exclusively by a court of competent jurisdiction located in the District of Columbia.
14. Dispute Resolution Any dispute or claim against CNC, Pundit Productions, its officers, partners or agents, shall first be submitted to binding arbitration. The arbitration shall be governed by the American Bar Association’s rules governing arbitrations and shall occur within the District of Columbia.
15. Statute of Limitations YOU AND CNC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CNC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Entire Agreement and Survivability These Terms of Service, together with the Privacy Notice at (link) and any other legal notices published by CNC on the Website, shall constitute the entire agreement between you and CNC concerning the CNC Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
17. No Waiver These Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CNC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
18. Amendment CNC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CNC Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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