Terms & Privacy

Last Update: May, 2021.

TERMS OF USE

Welcome to vikingsgazette.com (the “Site”)

Your access to and use of the Site is subject to the following terms of use. “You” and “Your” refers to You the individual or other legal entity that is using the Site. “We”, “Our” and “Us” refers to the owner(s) of the Website.

The Site provides fan generated content related to the Minnesota Vikings football team. It is not an official publication of the Minnesota Vikings, NFL, or NFLPA. The Site reflects the opinions of the creators and contributors only. It does not bind or represent the Minnesota Vikings, NFL, or NFLPA and is not to be relied on for any specific purpose. The Site is for recreational purposes only and is free of charge.

Your use of the Site is subject to these terms (these “Terms of Use”). They limit Our liability to You and restrict Your right to sue Us for any matter arising out of or related to Your use of the Site. By using the Site, You agree that You have read, understand and will be bound by the Terms of Use.  If You do not agree to these Terms of Use, do not access or use any part of the Site. 

UPDATES 

We may revise and update these Terms of Use at any time by posting the amended terms to the Site. Your continued use of the Site means that You accept and agree to the revised Terms of Use. If You disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Site, Your sole and exclusive remedy is to discontinue using the Site. 

USE OF THE SITE  

You agree to use the Site only for lawful purposes and specifically agree not to do any of the following: 

  1. upload to or transmit content on the Site that is misleading, defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; 
  2. use the Site to violate the legal rights of others or to violate the laws of any jurisdiction; 
  3. reproduce, alter, or manipulate create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Site;
  4. upload to or transmit on the Site any advertisements or solicitations of business; 
  5. restrict or inhibit use of the Site by others; 
  6. upload or otherwise transmit files that contain a virus or corrupted data; 
  7. collect information about others (including e-mail addresses) without their consent; 
  8. download a file or software or include in a message any software, files or links that You know, or have reason to believe, cannot be distributed legally over the Site or that You have a contractual obligation to keep confidential (notwithstanding its availability on the Site); 
  9. post “spam,” transmit chain letters or engage in other similar activities; or 
  10. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Us, may harm Us or users of the Site or expose them to liability. 

Any content on the Site, other than the content provided by Us, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Us. You understand and acknowledge that You are responsible for whatever content You submit, and You, not Us, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, You warrant that the material is Your own or is in the public domain or otherwise free of proprietary or other restrictions and that You have the right to post it to the Site. You grant to Us the right to use all content You upload or otherwise transmit to the Site in any manner We choose, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. 

We reserve the right, but does not assume any responsibility, to (1) remove any material posted on the Site which We, in Our sole discretion, deem inconsistent with the foregoing commitments, including any material We have been notified of, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Site. However, We can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, We assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. We reserve the right to take any action it deems necessary to protect the personal safety of users of the Site and the public; however, We have no liability or responsibility to anyone for performance or non performance of the activities described in this paragraph. Your failure to comply with these provisions may result in the termination of Your access to the Site and expose You to civil and/or criminal liability. 

INTELLECTUAL PROPERTY

The contents of the Site (including all information, software, text, displays, images, logos and audio) and the design, selection and arrangement thereof, are proprietary to Us and are protected by Canadian and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use. Neither the title nor any intellectual property rights to any information or material in the Site are transferred to You, but remain with Us.  Our logo and all related names, logos, product and service names, designs and slogans are trademarks that belong to Us. You may not use such marks without the prior Our written permission. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. 

DEALINGS WITH OTHERS

We do not endorse the products or services of third-parties shown on the Site whether in a posting, podcast, or advertisement, and do not recommend that You have any contact with any third party You may encounter through using the Site. If You choose to correspond, participate in a promotion or engage in transactions with any third party found on or through the Site, We are not a party to, and will not be responsible for, Your interaction with such third party including its treatment of Your information and the terms and conditions applicable to any transaction between You and the third party The terms of Your interaction with any third party are solely between You and such third party. You agree that We will have no responsibility or liability for any loss or damage of any kind that You may suffer as the result of any such interaction or the presence of such merchants on the Site. You agree that You will not sue US for any reason whatsoever arising out of or related to Your interactions or dealings with such merchants.  

OUR DISCLAIMER OF LIABILITY

We do not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). Reliance on the Site Content is solely at Your own risk.

We disclaim any liability for injury or damages resulting from the use of any Site Content. YOU AGREE THAT YOU WILL NOT SUE US FOR ANY SUCH INJURY OR DAMAGES. THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. 

WE NOR ANYONE ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, WE NOR ANYONE ASSOCIATED WITH US WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT EXCEPT WHERE PROHIBITED BY LAW. 

IN NO EVENT WILL WE OR ANYONE AFFILIATED WITH US BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY US AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

INDEMNIFICATION 

YOU AGREE TO INDEMNIFY AND HOLD US AND ANYONE AFFILIATED WITH US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM ANY VIOLATION BY YOU OF THIS AGREEMENT OR YOUR USE OF THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED FROM THE SITE OR UPLOADED BY YOU TO THE SITE. 

PRIVACY; PROTECTION OF PERSONAL DATA

Our use of Your personal Data and Your responsibilities in connection with protecting Your privacy rights are described in the  Privacy Policy, which is incorporated by reference into these Terms of Use. 

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES 

The Site may contain links to other web sites on the Internet. We are not responsible for and do not endorse the content, products, services or practices of any third-party web sites, including, without limitation, sites framed within the Site or third-party advertisements, and do not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at Your own risk and subject to the terms and conditions of use for such web sites. 

MISCELLANEOUS 

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of law principles. Any cause of action You may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or the cause of action is barred.  Exclusive jurisdiction over any cause of action arising out of these Terms of Use or Your use of the Site shall be in the Federal or Provincial courts located in Belleville, Ontario Canada. You agree to submit and irrevocably attorn to the jurisdiction of such courts. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.  Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between You and Us nor any trade practices shall be deemed to modify these Terms of Use. 

PRIVACY POLICY

This Privacy Policy describes the kinds of information We collect about You, why We collect it, how We use it, and under what circumstances We share it with third parties. This Privacy Policy also describes the decisions You can make about Your Personal Data. You may require Us to change, amend or delete the personal data that You have provided to Us (if any) at any time. 

TERMS 

In this Privacy Policy, “Personal Data” means any information about You, such as Your name, e-mail address, mailing addresses, gender, date of birth, any data about You that You elect to provide electronically through the Site and any other information that identifies who You are. Personal Data will be used by Us solely in accordance with this Privacy Policy. Unless We explain otherwise in this Policy, the words and phrases used in this Policy have the same meaning as in the Terms of Use. 

DATA WE GATHER

If You sign up for a User Account, You voluntarily give us certain personal data including Your name, e-mail address, address, postal code, age and phone number. Use of the Site may involve access to Your location through Your mobile device. In addition, when You visit the Site or contact Us, We may collect certain information about Your activity on the Site, as described below under the heading “Cookies and Log Files”. We may also collect information that Your browser sends whenever You visit the Site or when You access the Site by or through a mobile device.

USE OF PERSONAL DATA 

We use the Personal Data:

·       To learn more about You and Your product preferences by looking at the IP address of Your computer and Your activity on the Site (among other things) 

·       To promote services related to the Site

·       To prevent, investigate, or prosecute activity We think may be unlawful or harmful 

·       To enforce Our Terms of Use

  • Any other purpose referenced herein or therein. 

The Site does not address anyone who is a minor. We do not knowingly collect personally identifiable information from anyone who is a minor. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, then We will take steps to remove that information from the Site. If We need to rely on consent as a legal basis for processing Personal Data and Your country requires consent from a parent, then We may require Your parent’s consent before We collect and use that information.

We may be required to disclose Your Personal Data by public authorities (e.g. a court or a government agency) or to:

·        Protect and defend Our rights or property

·        Prevent or investigate possible wrongdoing in connection with the Site

·        Protect the personal safety of users of the Site or the public

·        Protect against legal liability

·        Security of Your Personal Data

LOCATION AND PROCESSING OF PERSONAL DATA

Personal Data will be collected, processed, stored and used by Us and may be passed to and processed by other companies under Our instruction. Your Personal Data may be processed and/or stored outside of Canada. If Your Personal Data is transferred outside of Canada, it may be available to the foreign government of the country in which the data or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing Us with Personal Data, You may be allowing Your Personal Data to be transferred outside of Canada. We may use a third-party analytics provider to gather statistics on web traffic, Site usage and information on User behavior. Such third-party may utilize Personal Data collected to track and examine Site use, to prepare reports on the Site’s activities and share them with other service providers. We may also use an advertising retargeting company, that enables Us to present You with retargeting advertising on other websites based on Your previous interaction with the Site. If the Site allows for user interaction with social media networks and other external Sites directly from the Site, then the interaction and information obtained is subject to the terms and conditions and privacy policies of such third-party Sites. 

RETENTION OF PERSONAL DATA

We may retain Your Personal Data only for as long as We deem necessary for the purposes set out in this Privacy Policy and to comply with applicable laws. We may also retain Personal Data for internal analysis purposes. This is generally for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Site, or We are legally obligated to retain this data for longer time periods.

COOKIES AND LOG FILES 

We may use browser tracking cookies (or “cookies”), which are small text files that are placed on the hard disk of a computer by a website. Cookies are uniquely assigned to You and can only be read by a website or web server that issued the cookie to You. We also use browser “log files” which record certain information when You visit a website, including Your internet protocol (IP) address. To improve Your experience on the Site, We use cookies and logs files to: recognize You when you return to the Site; keep track of activity on the Site and remember what items You have clicked on or viewed; study how You navigate through the Site and so that We can improve the design, content and function of the Site; and customize the message, content and delivery of online banner advertisements and e-mails that reflect how You navigate to and through the Site based on Your online behavior (“Browsing Data”). We may hire third party service providers to assist Us in the collection and analysis of this Browsing Data collected through cookies.

LINKS AND THIRD-PARTY WEBSITES 

We provide links on the Site. Any Personal Data You provide on linked pages or other sites is provided directly to that third party and subject to that third party’s privacy policy. We are not responsible for the content or practices of any linked websites which are provided solely for Your convenience. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party. 

CHANGES TO THE PRIVACY POLICY 

We may change this Privacy Policy at any time by giving notice on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top of the page. 

CONTROL, REVIEW, CORRECTION AND REMOVAL OF PERSONAL DATA

You have the following data protection rights: 

  1. You can request access, correction, updates or deletion of Your Personal Data. 
  2. You can object to processing of Your Personal Data, ask us to restrict processing of Your Personal Data or request portability of your Personal Data. 
  3. If We have collected and processed Your Personal Data with Your consent, then You can withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing we conducted prior to Your withdrawal, nor will it affect the processing of Your Personal Data conducted in reliance on lawful processing grounds other than consent. 
  4. You have the right to complain to a data protection authority about Our collection and use of Your Personal Data. 

CONTACT US 

To exercise any of these rights, or if You have questions or comments about this Privacy Policy or your Personal Data, please contact Us at vikingsgazette@gmail.com