| Introduction |
Breezynews.com and its family of Web sites (collectively, the “sites”) are owned and operated by Boswell Media, LLC. Site content (including text, graphics, audio, video, other multimedia, and programming) is generally owned and copyrighted to Boswell Media. Some site content is owned by third parties and used under license, grant, or other form of agreement. Where third-party content is used, notice of ownership or copyright may or may not be present, depending on the location and usage.
You are only authorized to access the sites or to use site content contained therein in accordance with all applicable laws, and in full compliance with these Terms Of Service (referred to hereafter as “TOS”), which constitutes a legal agreement between you and Boswell Media. If you do not agree with the TOS, in whole or in part, you must leave the sites immediately.
Boswell Media reserves the right to modify or amend the TOS at any time without prior notice, and such modification will be effective upon posting on the sites. You agree to be bound by any changes to the TOS when you use the sites after any such modification or amendment is posted. Please read this page regularly to ensure you are kept up-to-date with any changes.
If you become aware of use of the sites by any person that is not in accordance with applicable laws or the TOS, please contact the Webmaster immediately at [email protected].
This version of the TOS is dated January 2, 2015, and supersedes any previous version.
| Access And Use |
Content on Breezynews.com is protected by international trademark and copyright laws, and may only be used for personal, non-commercial purposes. You may only view or download content from the sites for your own personal use, and you must keep all copyright, trademark, and other proprietary notices attached to the downloaded content. Any other use of the sites shall exceed the “authorized access” you have to the sites as that term is defined in federal criminal law in the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
The reproduction, duplication, distribution (including by physical, electronic, or other means), publication, modification, copying, or transmission of content from the sites is strictly prohibited unless you have obtained prior written license from Boswell Media, or unless it is expressly permitted by the sites. Content covered by this prohibition includes, without limitation, any text, images, logos, photographs, audio or video material, or stills from audiovisual materials. The use of content from the sites on any other Web site or networked computer environment is similarly prohibited.
Requests for license to use intellectual property owned by Boswell Media must be submitted in writing to [email protected]. You should also be aware that the sites may contain content used or reproduced under license from a third party, and that Boswell Media may not be the holder of the intellectual rights in such works and therefore unable to grant license to use those works. For such materials, license may only be granted by the holder of the intellectual rights, copyright, or trademark.
You are strictly prohibited from creating works or materials that derive from, or are based upon, the content contained in the sites, including, without limitation, fonts and typefaces, icons, link buttons, wallpaper, desktop themes, or other unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away freely.
Access via automatic means (such as “spiders”, “crawlers”, and “bots”) must respect and adhere to the established direction and limitation protocols for such methods (such as meta instructions, HTACCESS directives, or robots.txt files). Any automated process accessing the sites which does not adhere to established protocols will be blocked from accessing the sites, and a complaint filed with the relevant Internet service provider(s).
| Privacy |
This section covers how Boswell Media treats Personally Identifiable Information (“PII”) that we collect and receive when you access our sites or post comments or questions or upload materials through our sites (our “Privacy Policy”). PII is information about you that can be traced directly back to and identifies an individual or your location. PII includes your name, address, employer, e-mail address, IP address, phone number, or other information that identifies your location.
This Privacy Policy applies only to PII collected by Boswell Media or its affiliates or products and services available where this Privacy Policy is posted on its sites, and does not apply to any other information collected by Boswell Media and its affiliated entities through any other means. This Privacy Policy does not apply to the practices of companies that Boswell Media does not own or control or to people that Boswell Media does not employ or manage.
Agreement
By using the sites, you signify your agreement to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the sites. This Privacy Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. Your continued use of the sites will signify your acceptance of these changes.
Information Collection And Use
Boswell Media does not condition access to any part of the sites on the provision of PII except as described in this Policy. Each time you visit our sites, our Internet service providers will record your domain name, IP address, browser, platform, date and time of your visit, and the titles of the pages you view. It is standard practice among Internet service providers to have their servers collect this type of information.
Whenever you visit our sites, Boswell Media also receives and records information on our server logs from your browser, including your IP address, Boswell Media cookie information, and the pages you request, and relates it to the PII you provide. Boswell Media uses this information for the following general purposes: to improve our products and services, to contact you, to conduct research, to evaluate traffic patterns, to plan adjustments to our sites, and to provide anonymous reporting for tracking usage of our sites. Our Internet service providers may use the information to make certain their servers are performing optimally.
Once you have registered to post information to or to receive information from our sites, we reserve the right to send you certain communications relating to Boswell Media’s services, such as announcements, administrative messages, contest promotions, and messages from our contest sponsors, that are considered part of your Boswell Media account.
You will be offered the opportunity to opt-out of receiving future messages and announcements and to remove your name from Boswell Media mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your visits to the sites, or information we may retain to comply with legal requirements.
Our sites use a software technology called “cookies.” Cookies are small text files that we place in a visitor’s computer to store preferences and for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you set your browser to allow. These files are used for site registration and customization the next time you visit us. Some parts of the sites may also use cookies to track user traffic patterns. Our sites do this in order to determine the usefulness of our site information to our users and to see how effective our navigational structure is in helping users reach that information. Third party advertisers on our sites may also place cookies on your computer for their own use, and Boswell Media has no control and cannot accept any liability for cookies placed by third parties.
Please note that cookies cannot read data from your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our sites, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on our sites.
“Web beacons” are small pieces of code placed on a Web page to monitor the behavior and collect data about the visitors viewing a Web page. For example, Web beacons can be used to count the users who visit a Web page or to deliver a cookie to the computer of a visitor viewing that page. We may use Web beacons on our sites from time to time for this purpose.
Information Sharing And Disclosure
Boswell Media does not rent, sell, or share PII about you with other people or nonaffiliated companies, except to provide services you’ve requested, when we have your permission, or when provided to trusted partners who work on behalf of or with Boswell Media under confidentiality agreements. These companies may use your PII to help Boswell Media communicate with you about Boswell Media services and products. However, these companies do not have any independent right to share this information.
Please note that some contests or promotions made available through our sites are conducted by third parties, who may have their own privacy policies relating to PII. The party conducting a contest or promotion will be clearly specified in the accompanying rules or information. Some contests or promotions may require specific PII to be submitted to a third party as a requirement of entry; if so required, the contest rules will specify what data is to be collected, by whom, and what use is to be made of it. Boswell Media cannot accept any liability for PII submitted to a third party conducting a contest or promotion, or submitted for any contest or promotion where data is to be collected by a third party.
We may disclose PII in response to legal process, for example, in response to a court order or a subpoena. We also may disclose PII in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms Of Service; to verify or enforce compliance with the policies governing our services and applicable laws; or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer your PII to an entity or individual that acquires, buys, or merges with Boswell Media, or Boswell Media’s television or business units.
Confidentiality And Security
We have taken steps to assure that all information collected will remain secure and in its original form, i.e., free from any alteration. As such, access to all PII is strictly controlled. We have put in place appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Boswell Media is not responsible for and will not be a party to any transactions between you and a third-party provider of products, information or services that you may link to from Boswell Media’s sites. Boswell Media does not monitor such transactions to ensure the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties linked to Boswell Media’s sites are your responsibility.
Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any company or organization, you may notify us at any time by writing to us at the e-mail and/or regular mail address below.
Children Under Age 13
We are committed to protecting the safety and privacy of all our users, especially those who are under 13. To this end, we comply with the Children’s Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501-6508) and the Children’s Online Privacy Protection Rule (16 CFR Part 312). For more information about COPPA and the Children’s Online Privacy Protection Rule, visit the Federal Trade Commission’s “Frequently Asked Questions about the Children’s Online Privacy Protection Rule” at https://www.ftc.gov/privacy/coppafaqs.shtm. Our sites does not target users under the age of 13 and we do not knowingly collect or display the PII of users who are under the age of 13. We encourage parents to actively monitor their children’s online use and to help us protect their privacy by instructing them never to provide personal information on this site or any other without your permission.
| Community Sections, Posting Comments, And Feedback |
Boswell Media and its family of sites offer a number of Community sections and features, and encourage users to responsibly enjoy the use of these features. You may also post feedback comments. When you post comments and upload materials, they can be viewed or heard by other users of the sites. If and when you submit any information or materials for posting on the sites (“Content”), you authorize us to use the Content to contact you by e-mail, phone, or other method and for any purpose outlined in our Privacy Policy.
Boswell Media accepts no responsibility whatsoever in connection with or arising from your use of Community sections and their features. Boswell Media does not endorse Content, and any opinions stated therein are not necessarily those of Boswell Media. You will indemnify and hold Boswell Media, its owners, directors, officers, employees, affiliates, subsidiaries, agents, and third-party providers harmless from any claim or demand, including reasonable attorney fees and costs, made by any party arising out of the Content or from your inability to use the interactive features of the sites or to post feedback comments.
By submitting Content, you represent that you are the legal owner of the intellectual rights in the Content submitted. You hereby grant to Boswell Media an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, without attribution, to exercise all intellectual property rights in and to all or any part of the Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere on the sites, and by applicable federal law. You grant to Boswell Media the right to disseminate, broadcast, reproduce, edit, archive, or otherwise use the Content at our discretion, without consideration or acknowledgement.
Boswell Media may take any action it deems appropriate as to any Content if we believe that the Content or your activities on the sites may expose Boswell Media to liability, or damage our relationship with any of our viewers, customers, suppliers, licensors, Internet service providers, or other users of our sites. For instance, we have the right in our sole discretion, for any reason or for no reason, to decline to post any Content that you submit for the Site, and, at any time, to remove any Content posted to the Site.
You represent that your Content is true and accurate and does not:
| • | Disclose the personally-identifiable information of another person or entity, including name, address, e-mail address, telephone number, and other information. | |
| • | Contain any indecent, obscene, vulgar, profane, sexually explicit, violent, unsuitable for public viewing, or otherwise questionable subject matter. | |
| • | Contain any matter which is threatening, abusive, harassing, or discriminatory. | |
| • | Contain any matter which is slanderous or libelous to Boswell Media, its affiliates and subsidiaries, or any third party. | |
| • | Display illicit or unlawful acts, constitute or encourage conduct that would constitute a criminal offense, display or promote illegal items, give rise to civil liability, or otherwise violate any local, state, national, or international law. | |
| • | Infringe the copyright, trademark, or other intellectual property rights of any person or entity, or which invades the privacy or publicity rights of another person or entity. | |
| • | Improperly assume or claim the identity, characteristics, or qualifications of another person or entity. | |
| • | Serve a commercial purpose, advertise, provide links to external sites, or solicit purchases or donations from any person, group, or entity. | |
| • | Contain any matter which is political in nature or solicits appointment or election to governmental or private-sector positions. | |
| • | Constitute spam, hoaxes, chain letter, pyramid schemes, or content which is unsuitable, irrelevant, or not applicable to where it has been placed. | |
| • | Contain a virus, trojan horse, disabling code, worm, time bomb, “clear GIF”, cancelbot, or other computer programming or routines that are intended to, or in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data or information. | |
| • | Interfere with the proper operation and accessibility of the sites, or of third-party sites accessed through Boswell Media’s sites. |
Despite these prohibitions on the Content, information provided by other users may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services, and Boswell Media assumes no responsibility or liability for this material. If you become aware of misuse of the Community sections by any person, please contact the Webmaster immediately at [email protected]. Boswell Media reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Community sections at any time, for any or no reason, with or without prior notice, and without liability. You are solely responsible for your interactions with other users of the Community sections. Boswell Media reserves the right, but has no obligation, to monitor disputes between you and other users.
Boswell Media is concerned about the protection of all visitors, especially children. It is the intent of Boswell Media to adhere to the requirements of the Children’s Online Privacy Protection Act of 1998. We encourage parents to actively monitor their children’s online use and to help us protect their privacy by instructing them never to provide personal information on this site or any other without your permission. Children under the age of 13 are not authorized to post Content or to participate in Community sections.
| Unsolicited Submissions |
While Boswell Media welcomes story suggestions and ideas from viewers, it is our policy to treat all such items as unsolicited submissions. If unsolicited submissions, including scripts, stories, articles, characters, drawings, information, suggestions, or ideas are sent to Boswell Media via the sites or by any other method, these submissions become the property of Boswell Media and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as Boswell Media sees fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever, and that by sending an unsolicited submission you waive the right to make any claim against Boswell Media, and its affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality.
| Linked Sites And Advertising |
If you are interested in creating text or graphical links to the sites (commonly called “banners”, “buttons”, “hypertext links”, “hyperlinks”, or “links”), you must contact Boswell Media.com at [email protected] before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of the sites or Boswell Media, including their respective employees, agents, directors, officers, and shareholders.
If Boswell Media has provided links to other Web sites, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that Boswell Media is connected with, operates, controls, or endorses these Web sites.
Neither Boswell Media, its third-party providers, nor its distributors are responsible for the content or practices of third-party Web sites that may be linked to the sites, and makes no representation or warranty regarding such Web sites or their content. If you decide to access other Web sites, you do so at your own risk. The sites may also be linked to other Web sites operated by companies affiliated or connected with Boswell Media. When visiting other Web sites, you are bound by those sites’ individual terms of use or other regulations, which may differ from those of Boswell Media. Boswell Media has no control over external site terms of use or regulations, and accepts no liability for your failure to adhere to their terms of use or regulations.
Boswell Media takes no responsibility for third party advertisements which are posted on the sites, nor does it take any responsibility for the goods or services provided by its advertisers.
| Disclaimer Of Liability And Warranties |
You agree that you use the sites and rely on material contained in the sites at your own risk.
The sites, and all materials in the sites, are provided “as is” and “as available” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Except as limited by applicable law, Boswell Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, noninfringement, and fitness for a particular purpose. Boswell Media does not warrant that the functions contained in the materials in the sites will be uninterrupted; that defects will be corrected; that the sites are free of viruses and other harmful components; or that the sites are accurate, error-free, or reliable.
Under no circumstances, including, but not limited to, negligence, shall Boswell Media be liable for any direct, indirect, special, or consequential damages that result from the use of, or the inability to use, the information or services on the sites, even if Boswell Media or our authorized representative has been advised of the possibility of such damages. In no event shall Boswell Media have any liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for using the sites.
| Indemnity |
You agree to defend, indemnify, and hold harmless Boswell Media, its affiliates, and related companies, together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of the sites; your failure to use the sites; your breach or alleged breach of the TOS; or your breach or alleged breach of the copyright, trademark, proprietary, intellectual, or other rights of third parties.
| Termination |
Boswell Media reserves the right to immediately terminate your use of, or access to, the sites at any time if Boswell Media decides at its sole discretion that you have breached the TOS or any relevant law, rule, or regulation, or you have engaged in conduct that Boswell Media considers to be inappropriate or unacceptable.
| Copyright And Infringement |
The sites and all images, audio, video and related informational materials in any medium available on the sites are the property of or are licensed to Boswell Media and are protected by United States and international copyright laws, trade dress, trademark, moral rights, and other intellectual property rights. Except as specifically agreed by Boswell Media, no portion or element of the sites may be copied or retransmitted via any means and all rights shall remain the exclusive property of Boswell Media. You may, however, download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
If you believe that any material contained in the sites infringes your copyright, you should notify Boswell Media of your copyright infringement claim in accordance with the following procedure.
Boswell Media will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. (See https://www.loc.gov/copyright.) The DMCA requires that notices and counter-notices of claimed copyright infringement should be sent to the sites’ designated agent, who is:
Copyright Agent
E-mail: [email protected]
Subject Line: Boswell Media Inc. Sites
Telephone: (662) 289-1050
Facsimile: (662) 289-7907
To be effective, the notification must be in writing and contain the following information required by the Digital Millennium Copyright Act [17 U.S.C. §512(c)(3) and §512(d)]:
| 1. | Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; | |
| 2. | Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; | |
| 3. | Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link); | |
| 4. | Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; | |
| 5. | A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; | |
| 6. | A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. | |
| 7. | E-mails sent to [email protected] without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. Boswell Media has a policy of terminating repeat infringers in appropriate circumstances. |
| Other Information |
The Terms Of Service operate to the fullest extent permissible by law. If any provision of the TOS is unlawful, void, or unenforceable, that provision is deemed severable from the TOS and does not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these TOS by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision.
In these TOS, the word “including” is used illustratively, as if followed by the words “but not limited to.”
These TOS are governed by, and construed in accordance with, the laws of the State of Mississippi without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Mississippi or, if appropriate, the United States District Court for the Northern District of Mississippi for resolution of any dispute, action, or proceeding arising in connection with the TOS or your use or non-use of the sites, and you further irrevocably waive any right you may have to a trial by jury in any dispute, action, or proceeding.
You agree that any cause of action you may have arising out of or related to these TOS must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
