Terms Of Use

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Welcome to Reachforthewall.com (the “Site”).  This Site is provided by WP Company LLC (The Washington Post) (“we” or “us”).

In exchange for access to the Site, users (“you”) must agree to enter into this contract, called the Terms of Use, with us.  Please read these Terms of Use carefully, because this document is a legal contract, and by using the Site you agree to its terms.

 

1. User Conduct

You agree and warrant that you will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that we deem objectionable.  We may restrict, suspend, or terminate your access to the Site without notice for any reason, including if we believe that you may have violated any law or these Terms of Use.

You agree that you will only access the Site through the interfaces we provide.  You agree not to ”hack” or reverse-engineer the Site, take any action that could have the effect of damaging the Site or its security, or interfere with other users’ use of the Site. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful e-mail, to or through the Site or with reference to us or the Site. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

You must be 13 years of age or older to register for this Site.  We may require you to provide information about yourself as part of the registration process, or for various other reasons in connection with the Site.  You agree that any such information you provide to us will be accurate and up to date.  We may also ask or require you to use a password or other form of authentication to access or use the Site.  You further agree to maintain the security of your password, and to notify us immediately if you suspect that your password or account has been compromised.  You are solely responsible for all actions with respect to the Site that occur under your account.

 

2. Our Intellectual Property

This Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries.  Except as otherwise specified in these Terms of Use, all individual articles, content and other elements comprising this Site are also copyrighted works.  All copyright rights in this Site and these works are owned by The Washington Post or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only.  You must abide by all additional copyright notices or restrictions contained on this Site.

You agree to use this Site only for your own personal and non-commercial use.  We do not grant you a license to use this Site for any other purpose.  Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site without our express written permission.  Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale.  To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of this Site, please contact us.

All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of The Washington Post or any third party.

 

3. User Content

This Site contains features that allow users to post their own content.  Only individuals who have registered for the Site are permitted to post content on this Site. When your account is used to submit, post, or add content to this website ("User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

This is a community site accessed by users across the Washington, DC region, and we require all users to abide by appropriate community standards. By using the site, you agree that none of your User Submissions will:

a) infringe on the intellectual property, trade secret, privacy, or publicity rights of others;

b) contain false statements or misrepresentations that could damage The Washington Post or any third party;

c) include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by The Washington Post in its sole discretion;

d) be illegal or otherwise objectionable to The Post;

e) include commercial advertisements or solicitations; or

f) otherwise violate our Guidelines for User Content.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms and Conditions or that we believe to be otherwise objectionable, we may reject or delete them, suspend or terminate your account, or take other action, without notice to you and in our sole discretion.

If you notice that any other user's submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact us at info@reachforthewall.com.

You understand and agree that User Submissions are neither owned by nor provided by The Washington Post, and that The Washington Post is in no way responsible for such User Submissions or any related conduct or practices.

 

4. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the website that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of infringement on this website is:

Copyright Agent
Legal Department
The Washington Post
1150 15th Street NW
Washington, DC 20071

You may also send claims to us by e-mail at copyrightagent@washpost.com, or by fax to 202-334-5075.  Please call 202-334-9266 for additional information relating to our process for claims of copyright infringement.

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the website privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

 

5.  Links

The Site may, as a convenience to users, provide links to third-party content and other web sites.  We do not endorse, sponsor, endorse, or accept any responsibility for such material, and we are not responsible for the content or privacy practices of any linked sites.

 

6. Limitation of Liability

You understand that the Site is solely an informational service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, or the costs associated with any claims you bring or try to bring against us. 

IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.  IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS,  AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS (“THE POST PARTIES”) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.  Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

 

7. Indemnity

YOU AGREE TO INDEMNIFY THE POST PARTIES AGAINST, AND HOLD THE POST PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

 

8. Disclaimer of Warranties

THIS SITE IS PROVIDED “AS IS.”  WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE.  WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

 

9. Informational Purposes Only

The material on the Site is provided for informational purposes only, and does not constitute professional advice.  You should not rely on this Site except as an informational resource.

 

10. Termination

This agreement may be terminated by us for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

 

11. Governing Law / Entire Agreement

You agree that any dispute between you and us will be governed by the law of the District of Columbia, and that any legal action brought by one party against the other will be brought in the courts of the District of Columbia.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of the Site, superseding any prior communications and proposals in any form between you and us.  If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

 

12. Privacy Policy

A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Site.  By using the Site, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the Site.  If you have questions about our privacy policy, you can contact us as described below.

 

13. Changes

From time to time we may make modifications to this agreement.  We may make these changes at any time, and your continued use of the Site constitutes your acknowledgment that you agree to this new agreement.  Please periodically review the Terms of Use by clicking the “Terms of Use” button at the bottom of the web pages on the Site because this agreement is binding on you.

 

14. Additional Agreements

From time to time, we might also offer certain services that require an additional agreement.  When this is required, we will provide the additional agreement to you when you try to access such a service.  By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

 

15. No Waiver

You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

 

16.  Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to and use of the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

17.  Questions?

If you have any questions about the above Terms of Use, please contact us before using the Site at info@reachforthewall.com.

Copyright © 2009.  The Washington Post.
 

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