1. Reproduction or distribution of site contents
Times/Review Newspapers owns and operates the Sites. You may not copy, reproduce, upload, post, transmit, or distribute (or facilitate someone else in copying, reproducing, uploading, posting, transmitting, or distributing) any part of the content placed on the Sites by Times/Review Newspapers for any purpose other than individual viewing of the Sites or to engage in non-commercial fair comment, unless you get the advance, express written consent of Times/Review Newspapers. That includes using in any manner any portion of content created by Times/Review Newspapers that advocates or endorses the election or re-election of a person for public or private office, or that advocates or endorses one position or another on a ballot measure.
2. Linked sites
You are not allowed to submit to any of the Sites anything that:
1) is defamatory, obscene, pornographic, an invasion of privacy, or that you intend to inflict emotional distress;
2) advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit;
3) infringes any proprietary right of any person, such as copyright, trademark, trade name, patent right, or trade secret;
violates an order of a court or governmental agency;
4) proposes or solicits any commercial transaction, or proposes or solicits any donation or payment of any funds for any purpose, or advertises or promotes any good or service for sale or lease;
5) transmits “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;
6) violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty;
7) contains software viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or any other computer code, file or program that functions to interrupt, damage, destroy, interfere with, or limit the functionality of any computer software or hardware or telecommunications equipment; or that Times/Review Newspapers has determined in its sole discretion to remove from any of the Sites.
You also are not allowed to collect or store personal information or data about other users.
You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (the “Content”) that you upload, post, email, transmit, publish or otherwise make available through the Sites (collectively, “Publish”). By Publishing any Content on the Sites, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity.
The copyrights in the Content contributed by users of the Sites are held by the individual creators of that Content. For all Content you Publish on the Sites, you grant the Times/Review Newspapers a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, the Times/Review Newspapers’ use of the Content in the Times/Review Newspapers’ educational, advertising, promotional and informational print and online publications and other media projects. You explicitly agree that the Times/Review Newspapers may reproduce, in whole or in part, modified or otherwise, any content that you submit through the Sites in any its or their print editions and products. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by the Times/Review Newspapers and any right to compensation for the Times/Review Newspapers’ use of the Content.
4. No Pre-screening or Editing
The Sites may offer weblogs, photo galleries, chat rooms, bulletin boards, forums for registered users to sell items through classified advertisements, and other interactive areas where users can express opinions, share ideas and information. The Times/Review Newspapers cannot and do not monitor all of the Content Published on the Sites. The Times/Review Newspapers do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Content made available through the Sites by users of the Sites. By using the Sites, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Sites, you agree to accept such risks and you agree that the Times/Review Newspapers are not responsible for the acts or omissions of users on the Sites. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on the Sites and any of their Content. You also agree that under no circumstances will the Times/Review Newspapers be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Sites. You acknowledge that the Times/Review Newspapers do not pre-screen or pre-approve Content on the Sites, but that the Times/Review Newspapers have the right (but not the obligation) in their sole discretion to refuse, delete or edit any Content that is available through the Sites, for any reason or for no reason.
5. Online Commerce
The Times/Review Newspapers Sites may allow you to purchase many different types of products and services online that are provided by third parties. The Times/Review Newspapers are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Sites or sites linked to by the Times/Review Newspapers, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. The Times/Review Newspapers have no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly. You release the Times/Review Newspapers and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through the Times/Review Newspapers
When you purchase products or services on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to the Times/Review Newspapers or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
6. Classified Advertising
When you submit a classified ad, or any other advertising content, for publication on the Sites, you agree that the advertisement as it appears on the Sites become the property of the Times/Review Newspapers and you assign all ownership interest in the advertisement as it appears on the Sites, under copyright law or otherwise, to the Times/Review Newspapers. Submission of an advertisement by you to the Sites does not constitute a guarantee by Times/Review Newspapers to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. The Times/Review Newspapers reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
7. Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised at the Sites is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. The Times/Review Newspapers will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
8. Agent to Receive Notification of Claimed Infringement
Times/Review Newspapers does not knowingly publish (or permit individuals to publish) copyrighted material without permission. If you believe that any material published on the Sites has been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify Times/Review Newspapers’ Copyright Agent of any alleged infringement. Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:
1) a description of the infringing material;
2) a description of the copyrighted work(s) that you believe has been infringed;
3) the name of the owner of the copyright;
4) your name;
5) your address, telephone number and/or email address;
6) a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
7) a statement that all of the information you have provided is true; and a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent to Times/Review Newspapers by U.S. mail, fax, or e-mail, addressed as follows:
Times/Review Newspapers Corp.
Attn: DMCA Copyright Agent
7785 Main Road
Mattituck, New York 11952
Tel: (631) 298-3200
Fax: (631) 298-3287
E-mail: [email protected]
9. Creating Links to the Websites
10. RSS Service
RSS (really simple syndication) service is a means by which Times/Review Newspapers may provide feeds of story headlines and/or photographs in XML format (“RSS Content”) to the Sites’ visitors who use RSS aggregators. Should Times/Review Newspapers elect to launch an RSS service and you elect to receive it, you understand that, in addition to the other terms and conditions set forth above and below, the following conditions also apply and you also agree to be bound by them.
Times/Review Newspapers’ RSS service may be provided to you for free for non-commercial use only and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden. In addition, you must use any RSS feeds as provided by Times/Review Newspapers and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.
Times/Review Newspapers’ RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Sites. You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable Times/Review Newspapers website page. In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable Times/Review Newspapers website page.
Times/Review Newspapers retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with Times/Review Newspapers’ RSS service. You must provide attribution to the Sites in connection with your use of the RSS feeds.
In its sole and unfettered discretion, Times/Review Newspapers reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which Times/Review Newspapers believes appropriate.
Times/Review Newspapers assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, as with the rest of the content of the Websites and the services available via the Websites, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the Disclaimer of Warranty/Limitation of Liability set forth above with respect to your use of Times/Review Newspapers’ RSS service, as with your use of the rest of the Sites and any other service available through them.
12. No warranties
The contents of the Sites are provided “as is” and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Times/Review Newspapers disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. Times/Review Newspapers expressly disclaims any warranty that the functions contained in the contents of either Site will be uninterrupted or free of errors, that defects will be corrected, or that either Site or the server that makes either Site available are free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of any Site.
13. Liability exclusions
Times/Review Newspapers shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, any Site or its contents, including the transmittal of viruses, worms, or other elements harmful to a computer system.
If you post, transmit, or submit to any Site anything in violation of these terms, you agree to indemnify Times/Review Newspapers and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, or losses arising from whatever it was that you posted, transmitted, or submitted.
If you have an “account” with any of the Sites to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
14. Governing Law; Severability; Entire Agreement
By proceeding to use the Sites, you consent to be subject to the territorial jurisdiction of the courts of The State of New York or the United States District Court for the Eastern District of New York. You also agree that New York and, if applicable, federal law will govern the interpretation of these terms and the existence of your agreement to them.
Last updated on: 8/10/2011.