FOCP Communications Corporation (DBA Faces of Grand Prairie) Terms of Service

1. GENERAL RULES AND DEFINITIONS

2. CONTENT OF THE SERVICES / MEMBERSHIPS

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

5. REPRESENTATIONS AND WARRANTIES

6. REGISTRATION AND SECURITY

7. FEES AND PAYMENTS

8. COMMUNICATIONS BETWEEN THE DALLAS MORNING NEWS AND USERS

9. SOFTWARE LICENSES

10. TERMINATION, CANCELLATION & REFUNDS

11. MISCELLANEOUS

1. GENERAL RULES AND DEFINITIONS

1.1 By using the FacesofGrandPrairie.org site and related applications, any of the features of these sites, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), or purchasing or using a subscription (defined below) you agree to abide by and be bound by all of the terms and conditions of these Terms of Service which is between you and FOCP Communications Corp.

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service and by continuing to use this site, you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBCRIPTION AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

2. CONTENT OF THE SERVICES

2.1 The Content of the Services, including the Sites, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Faces of Grand Prairie or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from FOCP Communications Corp, or the copyright holder identified in the copyright notice contained in the Content.

2.4 The Content of the Services is owned by or licensed to FOCP Communications Corp.

2.5 You are not required to purchase anything in order to access FacesofGrandPrairie.org.

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE

3.1 All user-generated content is the sole responsibility of the individual who submitted the content. You agree that FOCP Communications Corp shall not be responsible or liable to you or any third party for any damages or harm resulting from your submission of any content on the Services, including, but not limited to, any defamatory, illegal, or other objectionable content. You will not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree to be courteous when submitting any such user-generated content. You agree that you will not threaten or verbally abuse others using the Services (“Members”), use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” By commenting or posting on the Services, you also agree to adhere to our Community Guidelines which are part of these Terms of Services.

You will use respectful language when submitting user-generated content or interacting with others on the Services. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is not tolerated by FOCP Communications Corp and is grounds for immediate and permanent suspension of access to all or part of the Services.

Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Faces of Grand Prairie encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service. If your attack contains a threat of violence or may incite violence or unlawful behavior, we may report it and you to law enforcement.

You may not impersonate another Member or a Faces of Grand Prairie staff member, including by choosing a similar screen name. You must disclose conflicts of interest in connection with your Submissions (defined below).

Violations of these Terms of Service, including this section 3.1, is grounds for immediate and permanent suspension of access to all or part of the Service. FOCP Communication Corp reserves the right to remove your content, suspend your account, and permanently prevent you from accessing the Services if you violate any of the terms in this Section 3.1.

3.2 You may only use the Services for non-commercial purposes. You shall not, without the express approval of Faces of Grand Prairie, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Faces of Grand Prairie and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You understand and agree that Submissions made to the Services may also be included in Faces of Grand Prairie’s RSS feeds, APIs and made available for republishing through other mediums now known or hereafter devised.

3.4 You represent and warrant that you own or control all rights in and to any Submissions. You grant Faces of Grand Prairie a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Faces of Grand Prairie or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by FOCP Communications Corp, including any Submission posted on or to the Services through a third party.

3.5 You are solely responsible for the content of your Submissions and you acknowledge and understand that you have full responsibility for your Submissions, including their legality,. However, while Faces of Grand Prairie does not and cannot review every Submission and is not responsible for the content of these messages, Faces of Grand Prairie reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

3.7 By making a Submission, you acknowledge that if your comment threatens violence, may incite violence or unlawful behavior, or is otherwise potentially illegal, we may take all appropriate action. Such action may include, among other actions, conducting an investigation, contacting law enforcement and cooperating with any resulting investigation, or providing information about your identity to law enforcement at their request, whether or not we are legally compelled to do so.

3.8 No compensation of any kind will be owed or paid to you or any other third party with respect to any Submissions submitted or used unless otherwise agreed to in advance by a representative of the company.

3.9 To post comments or make a Submission, you are required to register with Faces of Grand Prairie as a subscriber. Should you choose to register, you agree to provide accurate, complete and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.

4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

4.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. We are not responsible for the availability of these outside resources, or their contents. As such, you should direct any concerns regarding any external link to the site administrator or Webmaster of that site.

4.2 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content of the Services, or make any unauthorized use of the Services. Without prior written consent, you shall not:

(1) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which DNC has revoked your access;

(2) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information from the Services using automated means;

(3) use the Content for the development of any software program, including, but not limited to, training a machine learning or AI system, and otherwise use Content to generate additional content with the machine learning or AI system;

(4) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;

(5) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

(6) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and

(7) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

4.3 Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no Submissions or other materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless DALN and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or in relation to any Submission(s) or any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Faces of Grand Prairie reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 Faces of Grand Prairie does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

6. REGISTRATION AND SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password.

6.2 You will notify facesofgrandprairie@gmail.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 18 years or older to use or subscribe to all parts of the Services.

6.4 You are responsible for all usage or activity on your Faces of Grand Prairie account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. It is Faces of Grand Prairie’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers of third parties’ intellectual property rights or who are repeatedly accused of infringement.

7. FEES AND PAYMENTS

7.1 We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that were previously free, we will give you advance notice of such fees. You may cancel your account at any time. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account. The terms in this Section 7.1 are in addition to the payment terms for memberships as further set forth in Section 2.6 above.

8. COMMUNICATIONS BETWEEN FACES OF GRAND PRAIRIE AND USERS

8.1 If you indicate on your registration form that you want to receive such information, we may send you information on products and services that may be of interest to you. You can elect to not receive this content by unsubscribing from future communication or adjusting your account settings.

8.2 Faces of Grand Prairie reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Services.

8.3 Faces of Grand Prairie reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personally identifiable information about you only if you indicate your acceptance.

8.4 We may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

9. MISCELLANEOUS

9.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Texas.

9.2 Questions regarding these Terms of Service should be sent to facesofgrandprairie@gmail.com.

11.4 You agree to report any violations of the Terms of Service to FOCP Communications Corp as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Services, please notify facesofgrandprairie@gmail.com. (You may use this email address for general questions as well.)

11.5 If you believe that your work has been copied on one of the Sites in a way that constitutes copyright infringement, please provide us with all of the following information:

(a). A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

(b). A description of the copyrighted work that you claim has been infringed;

(c). A description of where the material that you claim is infringing is located on the Site;

(d). Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;

(e). A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f). A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be sent to:

By Mail:

FOCP Communications Corporation

2909 E. Arkansas Lane Suite C

Arlington, TX 76010

Attn: Jenna Pecor

Email: jenna@jennapecor.com