Visitor Agreement

Thetomahawk.com is owned and operated by Johnson City Publishing and contain material in whole or in part from The Tomahawk and other sources protected by international copyright, trademark and other intellectual property laws. This site is not intended for children 16 and under and any use of the site or its content by children 16 and under should be with the direct supervision of an adult. Site users may not modify, copy, reproduce, republish, post, transmit or distribute in any way any material from this site. Users may download material from this site for their personal, non-commercial use, provided they keep intact all copyright and other proprietary notices. By posting messages, e-mail or engaging in any other form of communication through thetomahawk.com, users are granting Johnson City Publishing royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Forums & Blogs

Copyright of Forums and blogs featured on thetomahawk.com is held by the individual creators and is the sole responsibility of the person from whom such content originated. By having your forum or blog featured on thetomahawk.com you are agreeing that you are entirely responsible for all content that you make available through your forum or blog to thetomahawk.com and agree to indemnify Johnson City Publishing as provided below: You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; that all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, that the content will not cause injury to any person or entity

Story Comments

We encourage fair comment and discussion about Johnson City Press stories used on thetomahawk.com. It's important for those posting to remember that while comments may be conversational in nature they are subject to the same rules of libel as all other published material. To that end, users posting or blogers must prepare their copy within the same legal boundaries as professional journalists and are subject to the same libel laws as professional journalists. There are numerous reference works about libel law in print on the Web that may be consulted if there are questions. In general, libel is injury to reputation. The Associated Press libel manual says, "Words, pictures or cartoon that expose a person to public hatred, shame, disgrace or ridicule, or induce an ill opinion of a person are libelous." "Actions for civil libel result mainly in stories that allege crime, fraud, dishonesty, immoral or dishonorable conduct, or stories that defame the subject professionally, causing financial loss either personal or to a business." There is only one complete and unconditional defense to civil action for libel. That defense is that the facts in the story are provably true. The AP libel manual also points out: "The publication of defamatory matter that consists of comment and opinion, as distinguished from fact, with reference to matters of public interest or importance, is covered by the defense of fair comment as long as the facts stated are true." "Everyone has the right to comment on matters of public interest and concern, provided they do so fairly and with an honest purpose. Such comments or criticism are not libelous, however severe in their terms, unless they are written maliciously." Posts that are in all capital letters, have an inordinate number of errors or have gross errors in fact will be rejected. Posts that are potentially libelous or otherwise inappropriate will be removed. Posting comments also requires a valid e-mail address as part of the user's profile. Comments that are not backed up by a valid e-mail address will be deleted as will the profile without a valid e-mail address. Repeat offenders will be prohibited from commenting. Those who find such a comment on our site should report it to the site editor.

Associated Press Content

Some of the content available on thetomahawk.com is provided by the Associated Press. By using this site you agree and acknowledge that (1) Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing.

Disclaimer

Thetomahawk.com provides links and pointers to Internet sites maintained by third parties. Neither thetomahawk.com nor Johnson City Publishing operates or controls any information, products or services on third-party sites. Content at thetomahawk.com and third-party sites is provided as is and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, thetomahawk.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Thetomahawk.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Thetomahawk.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Users (and not thetomahawk.com) assume the entire cost of all necessary maintenance, repair or correction if any

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall thetomahawk.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, thetomahawk.com materials. Users specifically acknowledge and agree that thetomahawk.com is not liable for any defamatory, offensive or illegal conduct of any user. If a user is dissatisfied with any thetomahawk.com material, or with any of thetomahawk.comís terms and conditions, his or her sole and exclusive remedy is to discontinue using thetomahawk.com.

Contests & Information

Thetomahawk.com is committed to protecting consumer privacy online. We believe that greater protection of personal privacy on the Web will not only protect consumers, but also increase consumer confidence and ultimately their participation in online activities. At thetomahawk.com, we intend to give you as much control as possible over your personal information. The purpose of our policy is to inform you about the types of information we gather about you when you visit our site(s), how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.

Use of Materials

The right to download and store or output the materials in our site(s) is granted for the user's personal use only, and materials may not be reproduced in any edited form. Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without the express written permission of us is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials appearing on these sites may contact us at publisher@johnsoncitypress.com.