Terms of Use

Welcome to www.mcrecordonline.com, the web site of Madison County Record, Inc. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Madison County Record, Inc.’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, refrain from using and exit www.mcrecordonline.com. Your use of the site implies that you have read and agreed to these Terms of Service.

These Terms of Use are effective as of January 1, 2014. We expressly reserve the right to change these Terms of Use without notice to you. By using this site, you acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the Modified Terms of Use.

Copyright.

All of the information, content, services and software displayed on, transmitted through, or used in connection with www.mcrecordonline.com, including but not limited to any directories, guides, news articles, opinions, blogs, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and any similar material (collectively, the "Content"), as well as its selection and arrangement, is owned by Madison County Record, Inc. Madison County Record, Inc., actively protects its rights to the Content to the fullest extent of the law.

Content from our website and in our newspaper is for your personal, non-commercial use. No other use is permitted. You may not republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any means.

Membership and Registration.

Certain areas of www.mcrecordonline.com may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features, or participate in various areas of www.mcrecordonline.com. You may also provide information to this website in other contexts, including, for example, in order to enter a sweepstakes or promotion. When you register or become a Member of www.mcrecordonline.com or provide information to www.mcrecordonline.com in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. This includes registering for any email blasts or text alerts. Using a name other than your own legal name when submitting any information to www.mcrecordonline.com is strictly prohibited. By registering or providing information on www.mcrecordonline.com, you agree that this website may use the information you provide to us according to the Privacy Policy also available on this site.

If you register at www.mcrecordonline.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access this website or any element therefor using your name in whole or in part. Madison County Record, Inc., reserves the right to terminate any registration of information and deny access to www.mcrecordonline.com to any person who violates these Terms of Service.

User-Created Content.

By placing material on, or communicating with, www.mcrecordonline.com via email or through this website, including for example communication during registration, communication on any comment area, posting any video or photograph, entering any sweepstakes or promotion, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury, including mental injury, to any person or entity. By submitting it online or tendering it to Madison County Record, Inc., you are granting Madison County Record, Inc., a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce for commercial profit and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Madison County Record, Inc., to include the information you provide in a searchable format that may be accessed by users of this web site. You also grant Madison County Record, Inc., the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Madison County Record, Inc., the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you now or in the future.

Other Specifics About Interactive Areas.

www.mcrecordonline.com interactive comment areas and other forums are provided to give users a forum to express their opinions and share ideas and information. Madison County Record, Inc. and www.mcrecordonline.com cannot always monitor all of the material posted or transmitted by users and third party information providers. Madison County Record, Inc., and its employees reserve the right to delete, move or edit any communications at any time, for any reason or in its discretion without the consent of knowledge of the person posting, but has no obligation to review or remove any such content. Therefore, we reserve the right to remove any content posted on our site at any time for any reason at any time. We are not liable or responsible for any failure or delay in removing illegal or inappropriate content.

We do ask that when you decide to post on our website, please refrain from making a post that is:

  • vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, or makes inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violatesthe privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
  • to encourage such an evasion or violation.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uploads copyrighted or other proprietary material of any kind without the expressed permission of the owner of that material.
  • uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Service.
  • includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
  • uploads or transmits viruses or other harmful, disruptive or destructive files.
  • disrupts, interferes with, or otherwise harms or violates the security of this website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this website or its affiliated or linked sites.

Madison County Record, Inc. neither endorses nor assumes any liability whatsoever of any material uploaded or submitted by third-party users of this site.

By using this site, you agree that we may at any time and at our sole discretion terminate your association with the site without prior notice to you for, but not limited to, violating any of the above provisions. In addition, by the use of this site, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through www.mcrecordonline.com.

Your dealings or communications through www.mcrecordonline.com with any party other than www.mcrecordonline.com are solely between you and that third party. For example, certain areas of this website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will www.mcrecordonline.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

General Disclaimer and Limitation of Liability:

While Madison County Record, Inc., uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. www.mcrecordonline.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on www.mcrecordonline.com may be provided and/or hosted by third parties. www.mcrecordonline.com has not reviewed all of the sites linked to www.mcrecordonline.com and is not responsible for the content of any off-site pages or links to or from any other sites. While Madison County Record, Inc., encourages such third parties to abide by these Terms of Service, it has no responsibility for actions of third parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF MCRECORDONLINE.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH MCRECORDONLINE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MADISON COUNTY RECORD,INC., OR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING MCRECORDONLINE.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. MCRECORDONLINE.COMM MAKES NO WARRANTY THAT MCRECORDONLINE.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT MCRECORDONLINE.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIAL WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

MCRECORDONLINE.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MADISON COUNTY RECORD INC. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH MCRECORDONLINE.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

MCRECORDONLINE.COM AND MADISON COUNTY RECORD, INC., SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING MCRECORDONLINE.COM WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH MADISON COUNTY RECORD, INC., INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH MCRECORDONLINE.COM. MADISON COUNTY RECORD, INC., ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, MCRECORDONLINE.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM MCRECORDONLINE.COM.

IN NO EVENT SHALL MCRECORDONLINE.COM OR MADISON COUNTY RECORD, INC., NOR ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCRECORDONLINE.COM OR MADISON COUNTY RECORD, INC., NOR EITHER ITS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES

WE MAKE CHANGES TO MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MCRECORDONLINE.COM AND MADISON COUNTY RECORD,INC., AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF MCRECORDONLINE.COM; (B) MCRECORDONLINE.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users.

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States. Mcrecordonline.com is controlled, operated and administered by Madison County Record, Inc. from its offices within the United States. You may not use mcrecordonline.com or export the Content in violation of U.S. export laws and regulations. If you access mcrecordonline.com from a location outside the United States, you are responsible for compliance with all local laws.

Miscellaneous:

Madison County Record, Inc., reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of mcrecordonline.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.

We may modify, suspend, discontinue or restrict the use of any portion of mcrecordonline.com, including the availability of any portion of the Content at any time, without notice or liability. Madison County Record, Inc., may deny access to any person or user at any time for any reason. In addition, Madison County Record, Inc., may at any time transfer its rights and obligations under this Agreement.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to mcrecordonline.com must be filed in a federal or state court located in Arkansas within two months of the time of the event giving rise to the claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Madison County Record, Inc., to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. 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 that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Madison County Record, Inc., and mcrecordonline.com, and all other provisions for which survival is equitable or appropriate.

Terms and Conditions of Sale:

Madison County Record, Inc, agrees to sell and you agree to purchase goods of the description and quantity described in the checkout window and incorporated herein by this reference on the terms and conditions set forth in the agreement.

The total amount of the purchase price shall be payable in full by you according to the payment due date stated by the checkout window or our advertising manager working as an employee of Madison County Record, Inc. Any portion of the purchase price unpaid 30 days past the due date will be considered overdue and will have a late fee incurred. In addition, Madison County Record Inc. shall have the right to pursue any and all legal remedies available by law or as provided herein and shall be entitled to reimbursement from You for our costs of collection, including attorney’s fees, legal fees and costs and disbursements.

Delivery of goods shall be made in accordance with Madison County Record Inc.’s normal-course-of-business shipping policy. Delivery dates are estimates only. Madison County Record, Inc., will make reasonable efforts to deliver in accordance with such dates; however, Madison County Record, Inc., will not be liable for failure of delivery as estimated.

Advertising Policies in effect from January 1, 2014 forward.

Madison County Record, Inc., reserves the right to accept, cancel, edit or reject any advertising copy and to place the word, “Advertisement,” on any ad. The advertiser assumes full responsibility for the accuracy of the content (including text and illustration) of advertisements and for any claims arising from its publication. Advertiser represents and warrants that any advertising copy submitted is truthful and complies with all applicable laws and regulations. Madison County Record, Inc., will not be liable for any error in connection with an advertisement, including without limitation failure to publish advertising on desired dates, omissions or additions to advertisements. In the event of an error, the Madison County Record’s responsibility will extend than publishing a correction in a space equal to that occupied by the error. The Madison County Record, Inc., will not be responsible for copy received via telephone and will not be responsible for errors in advertisements that have been proofed and submitted for publication by the advertiser. Political and Issue advertising will be charged at the open rate and will require payment in advance on ALL political advertising. Political advertisements must contain legal verbiage required in the ad as stated by Arkansas law, which will include but not limited to the words Paid for by and the person making the payment. Madison County Record, Inc., accepts alcoholic beverage and tobacco advertising and it will be charged at the open rate. A cancellation of a previously place Advertisement will not be accepted after the regular space deadline. If an ad is cancelled after deadline, which is normally Mondays at 5 p.m., the advertiser will be billed for the reserved space. Extensive changes in style and copy after advertisements are prepared might be charged at prevailing labor costs.