PLEASE REVIEW BEFORE USING THIS WEBSITE - IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

General Description

Welcome to WINONA360 (the “Site”). The mission of WINONA360 is to is to publish news and information (the “Services”). To provide the Services, we have to set out some ground rules in this document (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.

WINONA360 may change the Terms from time to time, at WINONA360’s sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINONA360 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WINONA360 HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

WINONA360 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WINONA360 OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF WINONA360, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF WINONA360, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Accounts

Registration
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with WINONA360 (”WINONA360 Account”). You represent and warrant that all information provided by you to WINONA360 is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of WINONA360 Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and WINONA360 Account(s). You understand and agree that you are fully responsible for all actions and postings made from your WINONA360 Account(s). Any accounts you are create are not transferrable. You agree to notify WINONA360 immediately if you become aware of any unauthorized use of your WINONA360 Account(s).

Termination

WINONA360 reserves the right to terminate your WINONA360 Account or restrict access to your WINONA360 Account, or to delete any content posted through your WINONA360 Account, with or without notice, for any or for no reason, and without any liability to you.

COMMUNITY PARTICIPATION

Community and Commenting Guidelines

The goal of WINONA360 and iWINONA is to build a community of journalists, academics and citizens who are interested in facilitating a free and open dialogue on the news, issues, events and ideas in our communities. We hope to bring a diverse range of perspectives and voices into this site. To protect the free and open expression of diverse perspectives, we will decline to publish unacceptable content and will remove it if we find it on this site.

Unacceptable content includes, but is not limited to, the following:

•    Statements that are intended as a personal attack or are abusive, harassing, or threatening
•    Defamatory or knowingly false statements
•    Information of a private or personal nature that does not have news value
•    Irrelevant statements or SPAM
•    Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use

WINONA360 staff will determine what is "unacceptable content" on a case-by-case basis. We reserve the right to change these standards at any time. We also reserve the right to remove links to unacceptable off-site content at any time.

Browsing
You understand that material made available by WINONA360 is a product of a community effort and does not necessarily represent the view of WINONA360. WINONA360 assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

Linking
You understand that WINONA360 has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that WINONA360 endorses or is affiliated with any third-party website. You agree that WINONA360 bears no responsibility or liability for any content accessed or harm caused from any third-party website.

WINONA360 License
By posting or contributing content using these Services, you are granting WINONA360 a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

Content
Contributed content should be relevant to the subject scope of WINONA360. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

WINONA360 does not pre-screen or regularly review any contributed content, but WINONA360 has the right (though not the obligation) to remove, without notice, any content posted which WINONA360 considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. WINONA360 may terminate any account, with or without notice, for posting such content.

User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Indemnities
You acknowledge and agree to indemnify and hold WINONA360 and Winona State University, their affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact us.

Privacy
Please read our Privacy Notice, which is incorporated herein by reference.

Commenting Guidelines
Please read our Community and Commenting Guidelines, which are incorporated herein by reference.

Other Terms

Modifications

WINONA360 reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

Termination of Service

WINONA360 disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. WINONA360 reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Extent of Terms

The Terms apply to use of and contribution to WINONA360 website and any account provided therefore. WINONA360 may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms

Failure of WINONA360 to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of the state for Minnesota, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of Minnesota in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Effective Date: March 16, 2009