Terms of Use

Welcome to IndianCountryMediaNetwork.com. This website (the “Site”) is owned and operated by Indian Country Today Media Network, LLC (“ICMN”, “we”, “our” or “us”). By accessing or using this Site, you agree to and signify that you have read these Terms of Use (the “Terms”) and any other supplemental terms and conditions on this Site, including without limitation our Privacy Policy (the “Supplemental Terms”). If at any time you do not agree to abide by these or any future terms, you may not access or use this Site.

Use of this Site

This Site and its content, features and functionality (including, but not limited to, all software, text, images, trademarks, service marks, trade names, logos, video and audio) are owned by ICMN or its affiliates and/or licensors and are protected by copyright, trademark and other applicable laws.   You may use this Site, and download or print Site content, only for your personal, non-commercial use, provided that you retain all copyright and trademark notices and author attributions appearing with the content. You agree that you will not:

 

• interfere or attempt to interfere with our Site, or gain or attempt to gain access to secure portions of this Site through unauthorized means;
• use our Site for any purpose that is illegal or prohibited by these Terms or any other Supplemental Terms; or
• create, access or attempt to access an account, sign up for a subscription, make a purchase or engage in any other transaction using someone else’s name, address, phone number, username, password or other personal information.

 

This Site may contain functionality that allows you to communicate with others, such as the ability to comment on articles appearing on our Site. You agree that you will not post any comment or otherwise disseminate any message, material or content that:

 

• is harassing, defamatory, libelous, tortious, offensive, vulgar, profane, violent, threatening, obscene, indecent, unlawful, fraudulent or otherwise inappropriate;
• constitutes any form of harassment, hate mongering, bullying, or intimidation;

• infringes or violates any copyright, trademark, trade secret, right of privacy, or any other proprietary or intellectual property right of any third party;
• constitutes a criminal offense, gives rise to civil liability or otherwise violates any applicable law or that may result in a claim against, or civil or criminal liability to, us or our affiliates;
• advertises, promotes, sells, offers to sell, solicits or offers to buy any goods or services;
• contains any personal information of any third party;
• attempts to harvest or otherwise collect personal information about others;
• contains a virus, trap door, hidden sequence, hot keys, time bomb, other disabling code or other harmful component;

• disrupts the normal functioning of the Site; or

• otherwise reflects negatively on the goodwill and reputation associated with this Site. 

 

Mobile

 

If you access this Site via a mobile device, please be aware that your carrier’s normal rates still apply.

 

Copyright Infringement/ Digital Millennium Copyright Act

 

We respect the intellectual property rights of others, including the exclusive rights granted to copyright owners under Section 106 of Copyright Act. This section outlines our policy regarding the treatment of allegedly infringing material posted on this Site.

 

Copyright Infringement Notification

Should you identify any material on this Site that you believe infringes your copyright or the copyright of a third party on behalf of whom you are authorized to act, you may notify us and request the removal of such content by emailing NCAIPress@NCAI.org with communication that contains the following information: 

• a physical or electronic signature of the owner of the exclusive right that is allegedly infringed or someone authorized to act on his/her behalf;
• identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are intended to be covered by the notification, a representative list of such works at that site;
• 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 us to locate the material;
• information reasonably sufficient to allow us 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;
• 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; and
• 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.

 

Counter Notification

If, as a Site user, you believe that we erroneously removed material you posted as the result of a copyright infringement notice, you or someone authorized to act on your behalf may send a counter notification to our designated agent referenced above requesting that such material be reposted. Such counter notification must contain the following:

 

• your physical or electronic signature;
• identification of the material that you claim was erroneously removed or to which access was disabled and the location (e.g. URL address) at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

 

Please be advised that we will terminate account or other Site privileges of repeat infringers under appropriate circumstances.

 

Other Infringement (Non-Copyright Claim)

 

If you identify any material on this Site that you believe infringes your intellectual property or other rights or the rights of a third party on behalf of whom you are authorized to act, you may notify us and request the removal of such content by emailing NCAIPress@NCAI.org with communication that contains the following information: 

• a physical or electronic signature of the owner of the exclusive right that is allegedly infringed or someone authorized to act on his/her behalf;
• the mailing address, telephone number and email address of the complaining party;
• a description of the rights infringed;
• a statement that you are the rights owner, or a legally authorized representative of the rights owner;
• a description of the infringing content and where it appears on the Site (including the URL);
• a description of how the content infringes your or the rights owner’s rights; and
• a statement, under penalty of perjury, that the information contained in the notification is accurate and that the use of the content described in the manner complained of is not authorized by the rights owner, its agent, or the law.

 

Third Party Websites

 

Our Site may contain links to websites that are operated by organizations that are not affiliated with us  (“Third Party Websites”). These links should not be construed to imply that we endorse or sponsor these Third Party Websites. You acknowledge and agree that when you use a Third Party Website, you do so at your own risk and we assume no liability arising out such use.

 

Disclaimer of Warranties

 

Our Site is provided to you “as is”, without any warranties of any kind, either express or implied, constructive or statutory, including without limitation implied warranties of fitness for a particular purpose and non-infringement. We do not guarantee continuous, uninterrupted or error-free access or use, accuracy, completeness or timeliness, that any errors or defects will be corrected, or that the Site is free of viruses or other harmful components.

 

Limitation of Liability
In no event shall we or our affiliates, or any of our/their respective representative(s), members, officers, directors, employees, agents, contractors or licensors (collectively, the “ICMN Parties”), be liable to you or any third party, regardless of the cause of action, for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising out of or relating to your use or inability to use this Site, even if an ICMN Party is aware of the possibility of such damages.   In the event that the above limitation of liability is unenforceable, in no event with the aggregate liability of all ICMN Parties arising out of or relating to your use or inability to use this Site, under any legal theory, exceed the amount charged by us to you, if any, to access this Site.

 

Indemnification

 

You agree to indemnify, hold harmless, and at our request, defend us, our affiliates and our and our affiliates’ respective representative(s), members, officers, directors, employees, agents, contractors and licensors from and against any and all direct and third-party claims, actions and demands, and associated losses, damages and other liabilities, costs and expenses (including reasonable attorneys’ fees, court costs and amounts paid in settlement) arising out of, or related to your breach of these Terms, the Supplemental Terms or your use of this Site.

 

Unsolicited Feedback

 

Please do not send us any unsolicited creative ideas, suggestions or materials.   We are generally unable to accept or consider them to avoid the possibility of a future misunderstanding in the event that your idea is similar to something our employees or contractors are already working on or plan to develop.  If you submit any unsolicited ideas, suggestions or materials despite our request that you not do so, we will consider them to be, and you agree that they are, submitted to us on a non-confidential, non-proprietary and unrestricted basis, and we shall be free to use, disclose and exploit them for any purpose without compensation or other obligation to you.

 

Changes; Miscellaneous

 

We may change these Terms or any Supplemental Terms, or change, suspend or discontinue any features of our Site or restrict access, at any time in our sole discretion.

 

If you are a user located outside of the United States, you consent to the transfer, processing and/or storage of your data inside the United States.

 

Questions, Concerns, or Complaints

 

Questions, concerns, or complaints related to this Site can be emailed to NCAIPress@ncai.org.