The Sun Magazine Terms Of Use

Terms Of Use

Last updated on February 8, 2023

1. Welcome, Acceptance, Definitions, and Modifications

Welcome to the website of The Sun at https://www.thesunmagazine.org (the “Website”), which includes all subdomains and subpages present and future. We are delighted that you have chosen to visit and use the Website, and otherwise interact with The Sun.

By visiting or using the Website in any way, including but not limited to purchasing a Subscription to The Sun Magazine, you hereby accept to be bound by the Terms of Use (“TOU”) without any reservations, modifications, additions, or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website. The TOU is a legal and binding agreement between you and us.

THE TOU CONTAINS A WAIVER OF JURY TRIAL AND A WAIVER OF CLASS ACTION THAT MAY DIMINISH OR AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE WAIVERS, AS FOUND IN SECTION 14, CAREFULLY.

The Website is owned and operated by The Sun Publishing Company, a duly-registered, domestic non-profit organization in Chapel Hill, North Carolina, at the address listed in Section 2: Contacting Us. Where the present TOU refers to “The Sun,” it may refer to The Sun Publishing Company or its officers, directors, employees, agents, partners, principals, representatives, successors, and assigns (collectively “Representatives”), depending on the context. Any reference to “we,” “our,” or “us” in the TOU refers to The Sun. “The Sun Magazine” refers to the actual magazine published by The Sun, whether in digital or print form. In the TOU, a Website visitor or user may be referred to as “you.” When a Website user has an account and is logged in, they may be referred to as a “Logged-In User.”

Additional definitions shall be made throughout the TOU, but they will be recognizable as they will be in quotation marks, have initial capitals, and be formatted in bold. The definitions in the TOU shall also apply to our Privacy Policy.

The Sun reserves the right, at any time and without prior notice, to modify or replace any of these TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect our relationship with you, we will use commercially reasonable efforts to notify you by sending a notice to any e-mail address we may have for you and by posting a prominent notice on the Website.

The TOU should be read in conjunction with the Privacy Policy, as both of these documents govern your use of the Website.

2. Contacting Us

If you have any questions about the TOU please contact:

The Sun Legal
legal@thesunmagazine.org

– or –

The Sun Legal
107 N. Roberson Street
Chapel Hill, NC 27516
USA

If you have any questions about the Website generally, The Sun, or your Subscription (as defined below) or Donation (as defined below), please call us at 888-732-6736 (toll-free) or e-mail us at support@thesunmagazine.org or contact us using the form on our Contact page.

3. General Code of Conduct for Use of the Website

In addition to the more specific use requirements and prohibitions found elsewhere in the TOU, by visiting and/or using the Website you agree to:

(i) Not use the Website in any manner that in any way violates the TOU or any other applicable policy posted by The Sun;

(ii) Not use the Website in any manner that violates any intellectual property rights of The Sun or any third party;

(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to The Sun or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether personal information or not) of The Sun, other Website visitors or users or any other third party;

(v) Not: (1) take any action that imposes or may impose (as determined by The Sun in its sole discretion) an unreasonable or disproportionately large load on The Sun’s (or its third-party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted through the Website; (3) bypass any measures The Sun may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;

(vi) Not use the Website to in any way collect information (whether personal or not) of any third party or in violation of The Sun’s Privacy Policy;

(vii) Not interfere with any third party’s use or enjoyment of the Website;

(viii) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent, or harmful to any third party;

(ix) Not attempt to do any of the foregoing prohibitions;

(x) Use the Website in good faith, and in compliance with all applicable local, state, national, and international laws, and in compliance with your obligations under the TOU.

4. Subscriptions and Accounts

a. Subscriptions; Delivery of Print Edition
You may subscribe to The Sun Magazine through the Website (a “Subscription”). Subscriptions can be purchased for either the “Print Edition” or “Digital Edition”; however, a Subscription to the Print Edition will also give you access to the Digital Edition. To purchase a Subscription, you will be required to enter your first name, last name, e-mail address, and mailing address (or billing address in the case of the Digital Edition) (collectively “Subscription Information”) and pay the Subscription Fees as outlined further in the TOU. You may also purchase a “Gift Subscription” for use by a third party, and will be required to enter Subscription Information and Account Information (as defined below) for the third party, and pay the Subscription Fees.

If you purchase a Subscription to the Print Edition, Subscription Information may also be referred to as “Delivery Information” in the TOU or the Privacy Policy. Delivery Information is transferred to the United States Postal Service (the “USPS”), which delivers the Print Edition. Without limiting the generality of Section 11: Disclaimer of Warranties, The Sun and/or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you or any third party resulting from any delivery delay or other failure of the USPS.

b. Age Requirements
To purchase a Subscription, you affirm that you are at least eighteen (18) years of age or older, or the age of majority in the jurisdiction you reside and from which you access the Website where the age of majority is greater than eighteen (18) years.

c. Accounts and Passwords
To manage your Subscription online and access the Digital Edition, you will be required to create an account during your purchase of a Subscription. You will be required to enter your e-mail address (“Account Information”) to have the account created.

As part of the account creation, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties, and that meets any requirements presented to you upon signing up. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.

If you are a Logged-In User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. The Sun and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of a session, an unattended logged-in session, or a third party accessing your Subscription with your Account Information and accessing your account through any means, and The Sun and its Representatives disclaim any responsibility in this regard.

5. Donations; Payments for Donations and Subscriptions

a. Donations and Recurring Donations
You may use the Website to make a donation to support The Sun Magazine (“Donation”). The Sun is a qualified 501(c)(3) non-profit organization, and you will be issued a tax receipt for any Donation. Donations may be made on a one-time basis or recur monthly. If you have chosen to make a recurring Donation, you will be sent an e-mail reminder prior to your credit card being charged, which will offer you the option to cancel your recurring Donation, either via e-mail or through your account if you are a Logged-In User.

To make a payment for your Donation, you will be required to enter your first name, last name, and e-mail address (the “Donation Information”). You will then be required to enter Billing Information as described further below in this section.

b. Subscription Fees and Automatic Renewal
The amount of the “Subscription Fees” for each of the Digital Edition and Print Edition are displayed to you upon your signing up for a Subscription, or purchasing a Gift Subscription as applicable. The Subscription Fees are firm and in United States Dollars (USD), which may be converted to other currencies upon payment depending on your location and/or credit card agreement. By signing up for a Subscription or purchasing one or more Gift Subscriptions, you agree to pay the Subscription Fees presented to you during the checkout process.

You will be charged the Subscription Fees on the day you agree to pay for your Subscription (the “Initial Billing Date”). The Subscription Fees shall subsequently be charged on the annual anniversary of the Initial Billing Date, if you have chosen the Auto-Renewal option when signing up for your Subscription. The annual payment period of your Subscription shall be referred to as the “Billing Period.”

Your Subscription automatically renews at the end of every Billing Period if you have chosen that option. However, you will receive an e-mail reminder prior to your credit card being charged, and you will have the opportunity to cancel your Subscription either via e-mail or through your account if you are a Logged-In User.

c. Billing Information and Payment Processing for Subscriptions and Donations
To pay Subscription Fees or for your Donation, you will be required to enter the credit card holder’s name, billing address, credit card number, credit card expiry date, and card verification code (CVC) (collectively “Billing Information”).

Payments for Subscriptions and Donations made through the Website are handled through the online payment processor Stripe (the “Third-Party Payment Processor”). The Third-Party Payment Processor currently accepts certain credit and debit cards as payment options (which shall be displayed to you upon making your payment), but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. The Sun and the Third-Party Payment Processor are unaffiliated companies and The Sun has no influence on the operations of the Third-Party Payment Processor. The Sun and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processor.

d. Covering Credit Card Processing Fees
If you choose to cover The Sun’s 3% credit card processing fee by selecting that checkbox upon checkout, thank you! The cost for your Subscription Fees or Donation will be increased by 3%, and the final adjusted total amount that will be charged to your credit card will appear as “Total Due” once you select the checkbox, and you agree to pay such Total Due.

e. Canceling Your Subscription; Refunds
You may cancel your Subscription at any time by e-mailing support@thesunmagazine.org, or by using the Cancel Subscription Function in your account when you are a Logged-In User. In the event you cancel your Subscription, The Sun will refund the prorated amount of your Subscription Fees related to the unused Subscription from the date of cancellation. The Sun may also, at its sole discretion, offer a full refund of your Subscription Fees. Any refunds shall be issued as a credit to the credit card used for the payment of the Subscription Fees, or other payment method when a credit to the credit card is not appropriate or practicable.

6. Submissions to The Sun Magazine

a. General Submissions
The Sun accepts a variety of submission types for content to be considered for inclusion in The Sun Magazine including essays, fiction, poetry, Readers Write (our readers’ autobiographical responses to a monthly topic), and photographs (collectively “Submissions”). The Sun uses a third party, Submittable, for accepting and managing such Submissions. Submittable will require you to create an account to make a Submission. By sending us a Submission and signing up for a Submittable account, you agree to be bound by Submittable’s Terms of Use (Terms and Conditions: Submitter Terms) and Privacy Policy. In the event your Submission is chosen for publication, you shall be required to enter into a further agreement with The Sun that further outlines each party’s rights and responsibilities.

b. Letters to the Editor
Website visitors and users may submit Letters to the Editor for possible publication in The Sun Magazine’s Correspondence section via a form on the Website. For the purposes of the TOU, Letters to the Editor shall also be deemed a Submission.

c. Terms and Conditions for Submissions
In addition to any other requirements and prohibitions found elsewhere in the TOU, by sending The Sun a Submission via any means, you acknowledge and agree that:

(i) The Sun reserves the right at its sole discretion, to publish or not publish your Submission;

(ii) The Sun reserves the right at its sole discretion to edit any Submission prior to publication;

(iii) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Submission;

(iv) You are fully responsible for your own Submission and to access and use the Website at your own risk on an “as-is” basis;

(v) A Submission sent by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any Submission sent is your own original work, or work for which you have been granted a valid license to reproduce or display. You affirm, represent, and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Sun to use all intellectual property rights and other proprietary rights in and to the Submission (or the individual constituent elements thereof) as set out herein; and (2) you have all necessary consents to collect, use, and disclose any personally identifiable information (of yourself or third parties) contained or displayed in the Submission to enable inclusion and use of the Submission in The Sun Magazine;

(vi) You retain all of your ownership rights in the Submission you submit. However, you hereby grant to The Sun a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, sublicense, create derivative works from, and transfer such Submission; sell works including such Submission; and use your name and other identifying information you provide in connection with that Submission;

(vii) You will not send any Submission that is unlawful, such as a Submission that is threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not send any Submission that is racist, sexist, homophobic, or otherwise offensive to any minority or group; or that contains any adult content;

(viii) The Sun and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your Submission or use of the Submission, whether it violates these terms or not, or our modification thereof, and disclaim any responsibility in this regard. To the extent permitted by law, The Sun assumes no liability or responsibility to any person with respect to any Submission including, but not limited to, defamation, errors, obscenity, falsehoods, or omissions that may be encountered within any Submission; and

(ix) You agree to indemnify and hold The Sun and its Representatives harmless from any claims, damages, losses, or costs (including reasonable attorney’s fees) that arise out of any Submission that you submit, including, without limitation, any material submitted or otherwise provided by you that infringes upon any copyright, trademark, or intellectual property right of any person, defames any person, or violates any person’s rights of publicity or privacy.

7. Proprietary Rights

a. Intellectual Property Rights
You acknowledge that: (i) the Website contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws; and (ii) The Sun and/or third parties own all right, title, and interest in and to the Website and that which may be presented or accessed through the Website, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under the TOU are reserved to The Sun and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive Computer Code (as defined below) from the Website or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by the TOU; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in or on Website; or (iii) remove, obscure, or alter The Sun’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.

The content, arrangement, and layout of the Website, as well as all trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs), and Computer Code (as defined below) are proprietary to The Sun, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled, or otherwise used without the express permission of The Sun, or as permitted by the functionality of the Website or the TOU. Any unauthorized use of the content, arrangement, or layout of the Website, as well as trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs), and Computer Code found in the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and The Sun may take action accordingly.

The above paragraph further applies to third-party property used as part of the Website, including but not limited to third-party Computer Code. “Computer Code” includes but is not limited to source code in any programming language, object code, code in markup languages such as HTML or XML, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Feedback
If you choose to communicate to The Sun (via any means) suggestions for improvements to the Website, The Sun Magazine, or The Sun and/or its businesses generally (collectively “Feedback”), The Sun shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to The Sun and waive in favor of The Sun, its successors, and assigns all your moral rights in the Feedback, and agree to provide The Sun such assistance as The Sun may require to document, perfect, and maintain The Sun’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to The Sun, you are not entitled to any compensation or reimbursement of any kind from The Sun under any circumstances.

8. Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and/or modifications to the Website. While we will endeavor to make this unavailability as brief as possible, The Sun and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

9. Termination of the Website and the TOU

You agree that The Sun, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Website (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if The Sun believes that you have acted inconsistently with the letter or spirit of the TOU.

The Sun may also, in its sole discretion and at any time, discontinue providing the Website, or any portion thereof, with or without notice. You agree that The Sun shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from The Sun’s termination of the Website, or any portion thereof.

Termination of the Website or your access to the Website shall terminate the present TOU as between you and The Sun. All provisions of the TOU that by their very nature should survive termination of the TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity, and limitations of liability.

10. External Links

From time to time The Sun may provide links to other websites or services. Links from the Website may take you to websites or services not covered by the TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. The Sun provides those links as a convenience to you and The Sun takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. The Sun does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will The Sun or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (i) for your use of websites or other services that may be linked to from the Website or the information thereon; (ii) for any virus, Trojan horse, worm, or other similar destructive file received as a result of your use of those websites or services; (iii) caused by or in connection with, use of or reliance on any content or products or services (whether free or for purchase) available on or through any linked-to website or service; or (iv) for the actions of the operators of any such website or service.

11. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE INFORMATION THEREON (WHETHER PROVIDED BY THE SUN OR THIRD PARTIES), OR ANY ACTIVITY ARISING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION THEREON, OR THE MATERIALS STREAMED OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE WEBSITE, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM, OR ANY THIRD-PARTY MATERIALS, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM, OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OTHER FUNCTIONALITIES OF THE WEBSITE, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM: (I) YOUR USE OF THE WEBSITE, THE INFORMATION THEREON, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM; OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE WEBSITE, THE INFORMATION THEREON, OR ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM.

THE INFORMATION OR RESOURCES PROVIDED THROUGH THE WEBSITE, WRITTEN OR PRODUCED BY THE SUN STAFF, FREELANCE WRITERS, OR OTHER SUBCONTRACTORS ARE KNOWN TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE WEBSITE IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR, AND THE SUN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE WEBSITE.

THE SUN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NONINFRINGEMENT; WARRANTIES THAT THE WEBSITE, THE INFORMATION THEREON, OR ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SUN AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE OR ANY CONTENT STREAMED OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

THE SUN SHALL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES (WHETHER FINANCIAL OR OTHERWISE) ARISING FROM OR RELATING TO THE INFORMATION ON THE WEBSITE OR STREAMED OR DOWNLOADED THEREFROM, THE USE OF THE WEBSITE, ACTIVITIES ARISING FROM YOUR USE OF THE WEBSITE, OR ANY THIRD-PARTY MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SUN OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE WEBSITE OR YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, EVEN IF THE SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY.

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by The Sun or its Representatives or subcontractors, you agree to indemnify, defend, and hold harmless The Sun and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims, or demands arising out of: (i) your use of or connection to the Website or the information thereon or information streamed or downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon or information streamed or downloaded therefrom; (iii) your violation of or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Laws and Jurisdiction; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION

The TOU and your use of the Website shall be governed by and construed in accordance with the laws of the State of North Carolina in force at the time without regard to conflict of law provisions. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website shall be filed and adjudicated only in the State or Federal Courts located in the State of North Carolina, in Chapel Hill, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action, or proceeding arising out of the TOU or your use of the Website. Notwithstanding the foregoing, The Sun shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Chapel Hill court will not be, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Chapel Hill court.

You and The Sun expressly disclaim applicability of the terms of the United Nations Convention on Contracts for the International Sale of Goods, and any legislation implementing such Convention will not apply to the TOU, your use of the Website, or to any dispute arising therefrom.

YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THE TOU OR YOUR USE OF THE WEBSITE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TOU OR YOUR USE OF THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE SUN WILL RESOLVE ANY DISPUTES, CLAIMS, OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THE TOU OR YOUR USE OF THE WEBSITE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE SUN AND YOU SHALL NOT PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THE TOU OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

15. Miscellaneous Provisions

a. The TOU (including any third-party terms referenced herein) in conjunction with the Privacy Policy, constitute the entire agreement between you and The Sun with respect to your use of the Website, superseding any prior agreements between you and The Sun, its predecessors, affiliates, or subsidiaries.

b. The Sun shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond The Sun’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, or any force majeure event.

c. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

d. The rights granted in the TOU may not be assigned or transferred by either you or The Sun without the prior written approval of the other party. Neither you nor The Sun are permitted to delegate their responsibilities or obligations under the TOU without the prior written approval of the other party.

e. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. We reserve the right to limit the availability of the Website or any portion of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Website, or other feature that The Sun provides.

f. The failure of The Sun to exercise or enforce any right or provision of the TOU does not constitute a waiver of such right or provision, which will still be available to The Sun.

g. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

© The Sun Publishing Company 2023

Thinking About Writing Us a Letter? Give in to the temptation. We love getting mail. Write us a letter!