Terms and Conditions
Last updated: June 26, 2020
These Terms and Conditions (“Terms”) govern the use of Times/Review Newspapers Corp. dba Times Review Media Group’s (“Times Media Review Group”, “Company”, “We”, “Us” or “Our”) websites (“Sites”) and any of the services offered byTimes Review Media Group, and any of its associated newspapers and websites (“Service” or “Services”), and constitute an agreement between you and Times Review Media Group. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services. Your access to and use of the Sites and Services is conditioned on your acceptance of, and compliance with, these, and they apply to all visitors, users and others who access or use the Sites and Services.
Please read these Terms carefully before using our Sites. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we determine that a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. Any updates will be reflected in the “Last updated” and “Effective” date on this page.
By continuing to access or use our Sites and Services, you agree to be bound by the terms in effect at the time you are accessing or using our Sites and Services. Times Review Media Group will deem you to have agreed to whichever Terms are in effect at the time that you access and use any site. If you do not agree to be bound by one or more of the Terms, you may not access the Sites or Services.
Subscriptions and Purchases
The Services or some parts of the Services are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.
At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. In the event of cancellation by us, you will receive notice prior to the cancellation.
You may cancel your subscription renewal either through your account settings page or by contacting us. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Sites and use the Services until the end of your current subscription period.
The Services or some parts of the Services, including some content and events may be available for purchase without a subscription. You will only be billed once, and the price will be clearly visible.
You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should your payment method or automatic billing fail to occur for any reason, Times Review Media Group will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.
The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Sites and our Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by us on a case-by-case basis and granted at the sole discretion of Times Review Media Group.
The Company may, at its sole discretion, offer a free trial of a subscription for a limited period of time.
You may be required to enter your billing information in order to sign up for the free trial.
If you do enter your billing information when signing up for a free trial, you will not be charged by us until the free trial has expired. On the last day of the free trial period, unless you cancel your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
The Company may also allow you to access a limited amount and/or limited type of content without a subscription. Once you have exceeded the limited amount, or if you attempt to access premium content, we will ask you to pay for further access. Paying for further access is voluntary, but we reserve the right to prevent you from accessing such premium content if you do not pay for it.
Any promotions made available through the Services may be governed by rules that are separate from these Terms.
When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, and may result in the immediate termination of your account on the Sites.
You are responsible for safeguarding the password that you use to access the Sites and for any activities or actions under your password, whether your password is with our Sites or with a third party social media service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree to accept responsibility for all activities that occur under your account.
You may not use the name of another person or entity or a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene as a username. If, in our discretion, we determine that your username falls into one of the above categories, we reserve the right to reject the username, or terminate your account.
User Generated Content
Your Right to Post Content
The Sites allow you to submit content such as all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content (“User Generated Content”). By submitting User Generated Content, you acknowledge and agree that Times Review Media Group is not responsible for the content of the Services’ users. You expressly understand and agree that you are solely responsible for the User Generated Content and for all activity that occurs under your account, including their legality, reliability and appropriateness, whether done so by you or any third person using your account. For more details, see User Generated Content Restrictions below.
By publishing User Generated Content on the Sites, you represent and warrant that: (i) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the User Generated Content you provide and the rights to use the User Generated Content as provided in this Agreement; (ii) the posting of your User Generated Content on or through the Services does not cause injury or otherwise violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (iii) all User Generated Content and other information you provide is true, accurate, current and complete and does not violate this Agreement.
You retain any and all of your rights to any User Generated Content you submit, post or display on or through the Services and you are responsible for protecting those rights. By posting User Generated Content to the Services, you grant Times Review Media Group 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 User Generated Content, for any purpose, in any form, media, or technology for the full term of any rights that may exist in the User Generated Content. The foregoing license includes, but is not limited to, Times Review Media Group’s use of the User Generated Content in the Times Review Media Group’s educational, advertising, promotional and informational print and online publications and other media projects. You explicitly agree that we may reproduce, in whole or in part, modified or otherwise, any User Generated Content that you submit through the Sites in any of 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 User Generated Content by the Times Review Media Group and any right to compensation for the Times Review Media Group’ use of the User Generated Content. You agree that this license also includes the right for Times Review Media Group to make your User Generated Content available to other users of the Services, who may also use your User Generated Content subject to these Terms.
User Generated Content Restrictions
You may not transmit any User Generated Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User Generated Content include, but are not limited to, anything that:
- is defamatory, obscene, pornographic, an invasion of privacy, or that you intend to inflict emotional distress;
- advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit;
- 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;
- 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;
- transmits “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;
- violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty; or
- 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 Media Group 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.
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. Times Review Media Group cannot and does not monitor all of the User Generated Content published on the Sites. Times Review Media Group does not control, is not responsible for, and does not guarantee the accuracy, integrity or quality of, the User Generated Content made available through the Sites. By using the Sites, you may be exposed to User Generated 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 Times Review Media Group is not responsible for the act, errors or omissions of users or of User Generated Content 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 User Generated Content. You also agree that under no circumstances will Times Review Media Group be liable in any way for any User Generated Content or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed or otherwise made available via the Sites. You acknowledge that Times Review Media Group does not pre-screen or pre-approve User Generated Content on the Sites, but that Times Review Media Group has the right (but not the obligation) in its sole discretion to refuse, delete or edit any User Generated Content that is available through the Sites, for any reason or for no reason. The Company can also limit or revoke the use of the Services if you post such objectionable User Generated Content.
We respect the intellectual property rights of others. It is Times Review Media Group’s policy to respond to any claim that Content or User Generated Content posted on the Services infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe your copyrighted work has been copied in a way that constitutes copyright infringement on our Sites, you must submit your notice in writing to the attention of our copyright agent via email at [email protected] and include in your notice a detailed description of the alleged infringement and where it appears on the Sites.
You may be held accountable for any damages incurred (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Services where the material that you claim is being infringed is located.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, Times Review Media Group will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
Use of Information and Materials
The information and materials contained on the Sites, and the Terms, policies, and descriptions on the Sites, are subject to change. You accept sole responsibility for all of your activities using the Sites. Your use of the Sites is limited to the intended function of the Sites. Unauthorized use of the Sites and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Sites, is strictly prohibited. You may not use the Sites in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Times Review Media Group in a manner that is not authorized by Times Review Media Group;
- uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Times Review Media Group;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to Times Review Media Group’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates the Terms or any other Times Review Media Group policies;
- attempts to damage, disable, overburden, or impair Times Review Media Group servers or networks;
- fails to comply with applicable third-party terms; or
- constitutes any other inappropriate conduct, as determined by us in our sole discretion.
You are permitted to use content delivered to you through the Service only on the Sites. You may not copy, reproduce, distribute, or create derivative works from this content for commercial use. You agree not to reverse engineer or reverse compile any of the Service technology, including without limitation any Java applets associated with the Service.
The Sites, their content, any materials downloaded, and all intellectual property relating to the Sites (including copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Times Review Media Group or third parties and all right, title and interest in them remain the property of Times Review Media Group and/or such third parties (collectively, the “Content”). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You are authorized only to view and retain a copy of the pages of the Sites for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Sites for the purpose of transacting business with Times Review Media Group. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Internet, or in any way distribute or exploit the Sites, or any portion of the Sites for any public or commercial use without the express written consent of Times Review Media Group. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Sites (or printed pages produced from the Sites); and (ii) make any other modifications to any documents or information obtained from the Sites other than in connection with completing information required to transact business with Times Review Media Group.
Your Feedback to Us
You assign to us all rights, title and interest in any feedback you provide to Times Review Media Group. If for any reason, such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Links to Other Websites
Links to Times Media Review Group Sites and Content
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Sites or our affiliated pages, such as our YouTube and social media pages, provided that the hyperlink accurately describes the content as it appears on the Sites or affiliated pages. Times Review Media Group reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” or “embed” or “stream” the Sites, or any of their content, or copy portions of the Sites to a server, except as part of an Internet Service Provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the Sites, or source in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Sites.
Really Simple Syndication service (“RSS”) is a means by which Times Review Media Group enables individuals to view headlines, videos and other types of content from such sites in newsreaders for their personal use in XML format (“RSS Content”) to the Sites’ visitors. Should Times Review Media Group elect to launch an RSS service and you elect to receive it, you must agree to these terms and conditions, in addition to the other terms and conditions set forth above and below.
Times Review Media Group’ 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 Media Group 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 Media Group’ 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 Media Group 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 Media Group website page.
Times Review Media Group 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 Media Group’ 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 Media Group 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 Media Group believes appropriate.
Times Review Media Group 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, the Sites, and the Services, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the Disclaimer of Warranty and Limitation of Liability sections contained herein with respect to your use of Times Review Media Group’ RSS service, as with your use of the rest of the Sites and any other service available through them.
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 Company and you assign all ownership interest in the advertisement as it appears on the Sites, under copyright law or otherwise, to Times Review Media Group. Submission of an advertisement by you to the Sites does not constitute a guarantee by Times Review Media Group to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. Times Review Media Group 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.
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. Times Review Media Group 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.
As a condition of your use of the Sites, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other Times Review Media Group client or user of the Sites; (iii) probe, scan or test the vulnerability of the Sites or the Times Review Media Group network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services not offered by Times Review Media Group. If you violate our system or network security, it could result in civil or criminal liability to you.
Upon termination, your right to use the Sites and our Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services or, if necessary, cancel your subscription in accordance with the procedures set forth on our website.
Limitation of Liability
Company 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 of the Sites, our Services, or any of the Sites’ Contents, including from the transmittal of viruses, worms, or other elements harmful to a computer system. Notwithstanding any damages that you might incur, the entire liability of Times Review Media Group and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Services or $100 USD if you have not purchased anything through the Services.
To the maximum extent permitted by applicable law, Times Review Media Group and/or its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if Times Review Media Group or any supplier has been advised of the possibility of such damages and even if the remedy is not sufficient restitution.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Liability Of User
If you post, transmit, or submit to any Site, anything in violation of these Terms, you agree to indemnify Company, Times Review Media Group 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 such use.
Disclaimer Of Warranties
THE SITES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE. COMPANY UNDERTAKES NO OBLIGATION TO UPDATE THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SITES SHALL CREATE ANY WARRANTY REGARDING THE SITES NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITES AND ITS CONTENT AND DATA MAY BE PROVIDED BY US FROM TIME TO TIME WITHIN THE SITES.
Dispute Resolution and Governing Law
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting Times Review Media Group.
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 Conditions and the existence of your agreement to them.
Entire Agreement, Severability and Waiver
These terms contain the entire understanding between you and Times Review Media Group governing your use of the Sites, our Services and their Contents.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
If you have any questions about these Terms and Conditions, you can contact us:
By email: [email protected]
By visiting this page on our website: https://timesreview.com/contact/
By phone number: 631-298-3200
By mail: Times Review Media Group, ATTN: Andrew Olsen, 7785 Main Road, Mattituck, NY 11952, United States
Effective Date: June 26, 2020