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RSS Feeds Terms of Use

TERMS OF USE

RSS Feeds Terms of Use

TERMS OF USE

Last Updated August 4, 2010

RSS (Really Simple Syndication) service is a means by which Philadelphia Media Network Inc. (“PMN”) offers news and information content from The Philadelphia Inquirer, the Philadelphia Daily News, and philly.com in XML format ("RSS Content") to visitors to philly.com (the "PMN Site") who use RSS aggregators. These Terms of Use govern your use of the RSS service. The use of the RSS service also is subject to the terms and conditions of philly.com. These Terms of Use and the PMN terms may be changed by PMN at any time without notice.

BY DOWNLOADING A RSS FEED (THE "SERVICE") FROM PHILLY.COM, YOU ARE CONSENTING TO BE LEGALLY BOUND TO THIS AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SERVICE.

Use of RSS Feeds:

1. LICENSE. PMN grants you, during the Term, a revocable, nontransferable, non-sublicensable, royalty-free, non-exclusive license to use the RSS Content for personal, non-commercial use subject to these Terms of Use. The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the PMN Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable PMN Site Web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable PMN Site Web page. Except as expressly set forth above, PMN reserves for itself all rights in and to the RSS Content. The RSS Content is protected by the intellectual property laws (including without limitation, copyright and trademark laws) of the United States of America (including applicable state laws) and certain international treaties. As between PMN and you, PMN holds all copyright and trademark rights in and to the RSS Content.

2. ACKNOWLEDGEMENTS. You have no right to alter, edit, or delete any of the RSS Content. PMN has the right to limit, restrict, suspend or terminate your access to any aspect or all of the RSS Content at any time without liability. PMN reserves the right to modify or discontinue the RSS Content at any time in PMN’s sole and absolute discretion. You acknowledge that any use of the RSS Content other than the use set forth in paragraph 1, above is strictly prohibited, and agree that your use of the RSS Content shall be limited to the rights granted in paragraph 1, above, and shall include no other use, including without limitation, the following : (i) any sale, modification, translation of the RSS Content; (ii) the publishing, distribution or transmission of the RSS Content, in whole or in part, through any means or media , including without limitation, text messaging and downloadable applications (except for personal use); (iii) allowing any third parties to use the RSS Content, in whole or in part, (iv) transferring to any third parties the rights granted to you under these Terms of Use ; (v) displaying the name, logo, trademark or other identifier of another person or entity in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the RSS Content on the Site; (vi) removing or concealing any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the RSS Content, including without limitation, the size, color, location or style of PMN's marks; (vii) attempting to encumber the RSS Content; (viii) make any representation or warranty on behalf of PMN or any of its affiliates. You acknowledge and agree that the prohibitions above include, without limitation, any use of the RSS Content in a manner that would display the RSS Content with (A) nudity or pornographic material of any kind; (B) material that violates the privacy rights of any individual; (C) material that constitutes libel or slander; (D) displays material that exploits children under the age of 18; (E) promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or (F) uses the RSS Content in any manner that, is obscene, defamatory, libelous, invasive of personal privacy or misleading.

3. OWNERSHIP/ATTRIBUTION. PMN retains all ownership and other rights in the RSS Content, and any and all PMN logos and trademarks used in connection with the RSS Content. You must provide attribution to the appropriate PMN Website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate PMN Website's logo that we have incorporated into the RSS feed.

4. RIGHT TO DISCONTINUE FEEDS. PMN reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing, or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. PMN assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your Website.

5. OTHER REQUIREMENTS. Unless otherwise permitted by PMN, you will: (i) display the RSS Content in the exact form received by you; (ii) comply with all applicable laws and all limitations and restrictions (if any) placed by PMN on the use, display or distribution of any RSS Content ("Usage Restrictions"); (iii) provide PMN with complete and accurate registration information when requested to do so; and (iv) not archive any of the RSS Content for access by users at any future date after the RSS Content has been removed from your Web site.

6. LIMITATION OF LIABILITY. Neither PMN nor any of its affiliates, without limitation, shall have any liability whatsoever under these Terms of Use, including without limitation, any special, incidental or consequential damages. This paragraph shall survive the expiration or termination of this Agreement.

7. YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS. You represent and warrant to PMN that your Mark(s) and/or content on your Web site, other than the RSS Content, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations (including, for example, licensing requirements and administrative or professional rules). You certify you are legally permitted to use the RSS Contents and access the RSS Content, and if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the RSS Contents and access of the content.

8. REPRESENTATIONS OF PMN. PMN disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, performance, course of dealing, of trade, usage, accuracy or reliability. In addition, PMN makes no representations regarding the RSS Content, including without limitation, any representation that the RSS Content will be free of interruptions or other errors. PMN provides the RSS Content “as is”, and makes no representations or warranties about the RSS Content whatsoever.

9. INDEMNITY. You hereby agree to fully indemnify, defend and hold PMN and its affiliates and their respective officers, directors, employees and licensors (collectively, the "Provider Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (i) any use or alleged use of the RSS Content through your account by any person, whether or not authorized by you; or (ii) the operation and content on your Site or (iii) any breach of your representations and warranties and other covenants under this Agreement. PMN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PMN's defense of such claim. For purposes of these Terms of Use, “affiliate” shall mean any person or entity that controlled by, or under common control with, the entity that controls PMN. The entity that controls PMN is Philadelphia Media Network, Inc. Your obligations under these Terms of Use shall survive the term of this Agreement.

10. MISCELLANEOUS. These Terms of Use represent the complete agreement concerning this license between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. These Terms of Use shall be governed by the laws of the Commonwealth of Pennsylvania applicable to contracts performed wholly therein. You agree that the federal and state courts sitting in Philadelphia, Pennsylvania shall have exclusive jurisdiction and venue over all disputes arising under these Terms of Use. You may not assign this Agreement. Any assignment by you shall be null and void. You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of your obligations under this Agreement. Void where prohibited by law.