1. Introduction and Purpose of this Site
This Site is owned and operated by Tribune Publishing Company on behalf of its participating print and online publications for the purpose of facilitating your purchase and placement of advertising content in those publications. You may also choose to purchase advertising in print and online publications of Tribune Publishing Company affiliates, such as apartments.com, cars.com or legacy.com. In these Terms of Service, “Tribune” shall mean Tribune Publishing Company and each Tribune Publishing Company publication, if any, in which you order print or online advertising.
By accessing or otherwise using this Site, you expressly agree to these Terms of Service as a binding legal agreement between you and Tribune. You agree that each visit to this Site shall be subject to these Terms of Service. Tribune reserves the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Tribune may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.
3. Advertising Submitted by Users
Confirming your Order for an advertisement (“Advertising”) through this Site constitutes acceptance of these Terms of Service, as well as the applicable provisions of the Rate Cards of the publications you selected to publish your Advertising. If you cannot agree with these Terms of Service and relevant Rate Cards, do not order advertising through this Site. You shall be solely responsible for the content of all Advertising you request to be published through an Order made through this Site. Tribune shall publish the Advertising on a space-available basis. Advertising must comply with Tribune’s advertising policies and practices. Tribune may reject or remove any Advertising (or any portion thereof) at any time for any reason. Online Advertising may include a link to your Web site, provided however that you may not interfere with a user’s ability to link back to Tribune websites by using the “back” button on their browser or any other standard means of linking.
4. Advertising Policies and Practices
You agree not to order any advertising through this Site that in any way is fraudulent or involves the sale or offer of anything illegal; that is false, inaccurate or misleading; that creates liability for Tribune or its affiliates; that violates any law, statute, ordinance, or regulation; that discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, familial status, color, ancestry, source of income, housing status, or military discharge status; that is damaging, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, hateful, or invasive of another’s privacy; that misrepresents you or any other person in any way; that infringes any party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; that is about, of, or concerning any person other than yourself; that contains or constitutes any spam, scam, or unsolicited promotional information; that contains or constitutes software viruses or any other code, data, files, information, content, or matter of any kind that is damaging to computers or to the operation of the Site or other Tribune online publications.
Payment is due in accordance with the payment provisions that apply to your Order. If you are an advertising agency, you (i) shall be liable for payment for all advertising placed and invoiced by each Tribune publication in which you place an advertisement, regardless of any contrary language in any past, contemporaneous or future writing, and regardless of whether the identity of your client is known to such Tribune newspaper; (ii) agree Tribune will not be bound by any terms, conditions or provisions in any document contrary to the terms of this Agreement; and, (iii) represent and warrant that, as agent for your client, you have all necessary authority to enter this Agreement and place the Order(s).
Tribune reserves the right to change the design, look and feel of its print and online publications at any time for any reason. You authorize Tribune to bring any claims it may in its reasonable discretion choose to pursue to prevent third party use of the content or data contained in any Advertising. By submitting text, photos, or other advertising materials (“Materials”), you grant to Tribune and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, archive, store, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Tribune and its affiliates a royalty-free right and license to use your name, image, and likeness in connection with the redistribution of the Materials.
7. Representations and Warranties; Indemnity
You represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform its obligations hereunder; (b) you own (or have the right to use) all content, including all trademarks and copyrighted material, in the Advertising you submitted in your Order; (c) the Advertising and any website the Advertising links to will not violate or infringe any law, rule, regulation or right of any third party; (d) you will fulfill all representations and commitments made in any Advertising; and, (e) you will act at all times in accordance with all applicable laws, rules and regulations. You agree to release, indemnify, defend and hold harmless Tribune and its affiliates, and each of their officers, directors, shareholders, employees, representatives and contractors, from every claim, liability, expense or injury related to any allegation regarding: the breach of any representation or warranty made, or failure to perform any obligation undertaken by you pursuant to this Agreement; the content of, or representations made in, any Advertising provided by you or on your website or any other website linked to from your Advertising; and any other content, material or information provided, created or used by you. Tribune will have the right to reasonably control the defense of any claim involving Tribune and/or its affiliates.
8. Limitation of Liability
If Tribune is unable to publish any Advertisement for any reason, Tribune shall at its option either (a) provide substitute advertising of comparable value, or (b) refund to you a pro rata portion of the fee you have paid to Tribune. Such remedy shall be your sole remedy for Tribune’s failure to publish Advertising. IN NO EVENT SHALL TRIBUNE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER TRIBUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRIBUNE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE TOTAL AMOUNT OF THIS AGREEMENT. TRIBUNE EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING TRIBUNE’S AND ITS AFFILIATES’ SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (a) THE NUMBER OF PERSONS WHO WILL VIEW THE ADVERTISEMENT, ANY TRIBUNE SITE OR YOUR WEB SITE; (b) ANY BENEFIT YOU MIGHT OBTAIN FROM ANY ADVERTISING; AND (c) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY ADVERTISING TO BE DISPLAYED.
Except as otherwise provided herein, either party may terminate this Agreement for any breach of the terms of this Agreement; provided, however, that in the event of a minor breach, the breaching party shall be afforded a reasonable cure period. Tribune may terminate this Agreement immediately if you fail to make any payment required herein. Upon termination resulting from a breach by you, all amounts due under this Agreement shall immediately become due and payable. Upon termination resulting from a breach by Tribune, and provided that you are not in breach of this Agreement and except for indemnity obligations which shall survive termination of this Agreement, Tribune shall return to you all monies previously paid for services that were not performed and you shall not owe money for Advertising you ordered but Tribune did not publish.
10. Rate Cards
This Agreement expressly incorporates the terms and conditions of the Rate Cards that apply to the publications in which you have requested that Advertising be published. If there is any conflict between these Terms of Service and an applicable Rate Card, the Rate Card shall control. If there is a conflict between your Order and the Rate Card, the Order will control. Tribune reserves the right to amend the Rate Cards at any given time. Any amendments will apply only to advertisements ordered for publication after the effective date of the amendment.
11. Force Majeure
Except for payment obligations, neither party shall be liable for failure to perform any obligation required under this Agreement when such failure is due to fire, flood, labor trouble, unavoidable accident, legal restrictions, electronic or electrical interference, telecommunications difficulties, system failure, technical failure, failure of any third party system or product, or any other cause beyond the control of that party.
12. Site Content
All information, content, services and software available on this Site (collectively, the “Content”) is protected by copyright and other intellectual property laws. The Content is owned by TI, its Affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”).
13. Copyright Complaints
Tribune respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material or content on the Site, please contact us at the address listed below under the heading “Contact Us.”
You acknowledge that the Content includes certain trademarks and service marks owned by Tribune, its Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
All software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by Tribune and/or its Licensors and is protected by copyright laws and other intellectual property laws, including international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties.
16. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Illinois, within six (6) months after the cause of action arises or the cause is barred.
17. Other Terms
As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Tribune to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the indemnity provisions, the license(s) you have granted to Tribune and its affiliates, and all other provisions for which survival is equitable or appropriate.
18. Contact Us
To contact us, please use the following:
Tribune Publishing Company
c/o Rose Riordan
633 North Orange Avenue
Orlando, FL 32802-2833
1-407-420-6004 (Mon-Fri 8am – 8PM)