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The following Terms of Services apply to future embed options:

NOTICE OF TERMS AND CONDITIONS

By copying and using the code below and displaying the Nimbus service on your website, you are agreeing to abide by the Terms and Conditions for the Nimbus service.  Click here to read them. Terms and Conditions for the NIMBUS Service

This is a contract between you and Gannett Co., Inc. (“Gannett”) regarding the NIMBUS service (the “Service”).  Gannett has provided you with software code (the “Code”) to place on your website, blog or other digital publication that will allow you to display the Service, including the NIMBUS logo, on your website, blog or other digital publication. By incorporating the Code into and displaying the Service on your website, blog, or other digital publication, you accept these terms and conditions (the “Agreement”) and agreed to abide by them.  If you do not agree to all of these terms and conditions, do not incorporate the Code into or display the Service on your website, blog or publication.  
 
1.         License Grant.  Subject to the terms of this Agreement, Gannett grants you a nonexclusive, royalty-free, revocable, nontransferable license display the Service (and any content, advertising and service marks or other source identifiers contained in the Service) on your website, blog, or other digital publication and to use the Code for the sole purpose of displaying the Service (and any content, advertising and service marks or other source identifiers contained in the Service) within your website, blog, or other digital publication, provided that you do not alter, edit or modify the Code or the Service in any manner.  Gannett may modify or discontinue the Service at any time, at its discretion, without notice to you. Gannett also may restrict, suspend, or terminate your access, or the access of any end-user, to the Service and may disable your ability to use, display and/or link to the Code or the Service at any time, at its discretion, without notice to you.  

2.         Restrictions And Obligations.  You must post the Code and display the Service exactly as received from Gannett, including all advertising, links, branding, and other attribution contained within the Service.  You may not alter, modify, edit, translate, or reserve engineer the Code or any portion of the Service, nor may you charge anyone for access to the Code or the Service.  You may not copy or archive any portion of the Service or any material contained within the Service.  You may not post the Code or display the Service or any material provided through the Service on any website, blog, or other digital publication that contains pornographic images or text; that depicts minors in an offensive or exploitative manner; that encourages, or contains instructions on how to engage in, any illegal activity or any activity that would likely result in physical injury to any group or individual; or that demeans any individual or group on the basis of race, ethnicity, gender, or sexual orientation.  You may not display, in conjunction with the Code, the Service or any material provided through the Service, the name of, or any logo or other branding for, any entity (other than Gannett) in any manner that suggests that such entity provided any or all of the Service or any of the material available through the Service.  You may not, in connection with any website, blog, or other digital publication on which you post the Code and/or display the Service, conceal your identity or represent yourself as someone else.  If Gannett requests in writing that you delete, remove, amend or correct the Code or any portion of the Service as posted or displayed on your website, blog, or other digital publication, you will do so within 36 hours of your receipt of the request.

3.         Advertising.  You understand that the Service may contain advertising for a variety of goods and services, including third party goods and services.  Gannett will retain any and all revenue from advertising contained within the Service.

4.         Representations And Warranties.  You represent and warrant that any website, blog, or other digital publication on or through which you post, display or distribute the Code and/or the Service:  will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party; will not constitute false, deceptive or unfair advertising or disparagement under applicable law; will not libel any person or entity; and will comply with any applicable law or regulation.  

5.         Ownership.  Nothing in this Agreement will effect a transfer of ownership or copyright in the Code or the Service to you and Gannett will retain any and all ownership rights, including but not limited to copyright rights, in and to the Code and the Service.

6.         Use of Data.   You understand that Gannett may collect non-personally identifiable data in connection with the Service and any advertising contained within the service.  Gannett has the right to use and disclose such data for any purpose.

7.         No Warranties.  The Code, the Service and all materials, information, advertising and services available through the Service, are provided to you "as is," "with all faults," and "as available."  Gannett does not warrant that the Code, the Service or the materials, information, advertising and services available through the Service will be accessible or available, will meet your needs or will bring about any particular result.  Gannett, its affiliates, agents, advertisers, and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the Code, the Service, or the materials, information and services available through the Service, nor does Gannett guarantee that the Code, the Service, or the materials, information, advertising or services available through the Service will be error-free, or continuously available, or free of viruses or other harmful components.

8.         Limitations On Liability.  Under no circumstances will Gannett, or its affiliates, agents or licensors be liable to you or anyone else for any damages arising out of use of the Code, the Service or any materials, information, advertising or services available through the Service, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if Gannett is advised beforehand of the possibility of such damages.  (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you.  In such states, Gannett’s liability and the liability of its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.)  You agree that Gannett’s liability and the liability of its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to the service shall not exceed the amount you paid for the use of the Code and/or the Service.
 
9.         Indemnity.  You hereby agree to indemnify, defend and hold Gannett, its subsidiaries and affiliates and their respective officers, directors, employees and licensors harmless from and against any and all third-party claims, liability, losses, costs and expenses (including attorneys' fees) arising out of: (i) any material provided through the Service that you edited or otherwise altered in any way; (ii) the operation or content of your website, blog, or other digital publication (excluding any unedited material provided through the Service); or (iii) any breach of your representations, warranties or covenants under this Agreement.  Gannett reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gannett’s defense of such claim.

10.       Term And Termination.  This Agreement commences upon your initial display on your website, blog, or other digital publication of the Code and/or the Service.  You may terminate this Agreement by giving Gannett written notice and by simultaneously and permanently removing from your website, blog, or other digital publication the Code and the Service.  Gannett may terminate this Agreement at any time upon written notice to you and upon such termination you will permanently remove from your website, blog, or other digital publication the Code and the Service.  Sections 4 through 11 of this Agreement will survive any termination of this Agreement.

11.       Miscellaneous.  This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.  You may not assign this Agreement without Gannett's prior written consent; any assignment by you without such consent will be null and void.  The parties to this Agreement are independent contractors; nothing in this Agreement creates any partnership, joint venture, agency, or franchise relationship between the parties.  You have no authority to make or accept any offers or representations on Gannett’s behalf and you will not make any statement that conflicts with this Agreement.  Notices under this Agreement will be in writing and sent via U.S. Express Mail or via electronic mail. This Agreement has been made in and will be construed in accordance with the laws of the State of New York.  By using the Service, you consent to the exclusive jurisdiction of the state and federal courts in New York in all disputes arising out of or relating to this Agreement or the Service.

 
 
   
 
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