Terms of Service
By using this website (the "Site"), you agree to be bound by
these Terms of Service and to use the Site in accordance with
these Terms of Service, our
Privacy Notice, and any additional terms and conditions that
are referenced herein or that otherwise may apply to specific
sections of the Site, or to products and services that we make
available to you through the Site (all of which are deemed part
of these Terms of Service). Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and
your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to
impose new conditions on use of the Site, from time to time, in
which case we will post the revised Terms of Service on this
website and update the "Last Updated" date to reflect the date of
the changes. By continuing to use the Site after we post any such
changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the Site or any
features of the Site to anyone who violates these Terms of
Service or who, in our sole judgment, interferes with the ability
of others to enjoy our website or infringes the rights of
others.
- Rights and Restrictions Relating to Site Content
YOUR LIMITED RIGHT TO USE SITE MATERIALS. This Site and
all the materials available on the Site, including but not
limited to all news articles, photographs, images,
illustrations, audio clips, and video clips, are the property
of us and/or our affiliates or licensors, and are protected
by copyright, trademark, and other intellectual property
laws. The Site is provided solely for your personal
non-commercial use. You may not use the Site or the materials
available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by
us. More specifically, unless explicitly authorized in these
Terms of Service or by the owner of the materials, you may
not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit,
or distribute in any manner or medium (including by email or
other electronic means) any material from the Site. You may,
however, from time to time, download and/or print one copy of
individual pages of the Site for your personal,
non-commercial use, provided that you keep intact all
copyright and other proprietary notices. For information
about requesting permission to reproduce or distribute
materials from the Site, please contact us at the address in
Section 20 Contact Us, below.
OUR RIGHT TO USE MATERIALS YOU SUBMIT OR POST. When you
submit or post any material via the Site, you grant us, and
anyone authorized by us, a royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license
to use, copy, modify, transmit, sell, exploit, create
derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or
medium (whether now known or hereafter developed), for any
purpose that we choose. The foregoing grant includes the
right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under
copyright, trademark or patent laws that exist in any
relevant jurisdiction. Also, in connection with the exercise
of these rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your
postings or submissions by name, email address or screen
name, as we deem appropriate. You understand that the
technical processing and transmission of the Site, including
content submitted by you, may involve transmissions over
various networks, and may involve changes to the content to
conform and adapt it to technical requirements of connecting
networks or devices. You will not receive any compensation of
any kind for the use of any materials submitted by you.
LIMITATIONS ON LINKING AND FRAMING. You are free to
establish a hypertext link to our Site so long as the link
does not state or imply any sponsorship of your website or
service by us or by our Site. However, you may not, without
our prior written permission, frame or inline link any of the
content of our Site, or incorporate into another website or
other service any of our material, content or intellectual
property.
LIMITATIONS ON USE OF ASSOCIATED PRESS MATERIALS. Some
of the material available on this Site is provided by the
Associated Press. By using this Site you agree and
acknowledge that (1) you will not publish, display,
broadcast, or rewrite for broadcast or publication, or
redistribute, directly or indirectly in any medium, any
Associated Press text, photo, graphic, audio, and/or video
material; and (2) no Associated Press materials nor any
portion thereof may be stored in a computer except for
personal and non-commercial use. The Associated Press will
not be held liable for any delays, inaccuracies, errors or
omissions in its materials or in the transmission or delivery
of all or any part of its materials, or for any damages
arising from any of the foregoing. In addition to those set
forth in this paragraph, the Associated Press may impose
other terms and conditions on the use of its materials.
Please go to
http://www.ap.org/termsandconditions for more
information.
- Site Registration Process
To access certain features of our Site, we may ask you to
provide certain demographic information including your
gender, year of birth, zip code and country. In addition, if
you elect to sign-up for a particular feature of the Site,
such as discussion forums, blogs, photo- and video-sharing
pages or social networking features, you may also be asked to
register with us on the form provided and such registration
may require you to provide personally identifiable
information such as your name and email address. You agree to
provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form.
If we have reasonable grounds to suspect that such
information is untrue, inaccurate, or incomplete, we have the
right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion
thereof). Our use of any personally identifiable information
you provide to us as part of the registration process is
governed by the terms of our
Privacy Notice.
- Responsibility for Your Username and Password
To use certain features of our Site, you will need a
username/email address and password, which you will receive
through the Site's registration process. We reserve the right
to reject or terminate the use of any username/email address
that we deem offensive or inappropriate. In addition, we also
reserve the right to terminate the use of any account, or to
deny access to the Site or any features of the Site, to anyone
who violates these Terms of Service or who, in our sole
judgment, interferes with the ability of others to enjoy our
website or infringes the rights of others. You are responsible
for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you
or by others) that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security, and to
ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or
damage arising from your failure to protect your password or
account information.
- Online Commerce
Certain sections of this Site may allow you to purchase
different types of products and services online that are
provided by third parties. We 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 our Site, or on a third-party website that you have
accessed via a link on our Site, 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, may be
collected by both the merchant and us. A merchant may have
privacy and data collection practices that are different from
ours. We have no responsibility or liability for these
independent policies. In addition, when you purchase products
or services on or through the Site, you may be subject to
additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more
information regarding a merchant, its online store, its privacy
policies, and/or any additional terms and conditions that may
apply, visit that merchant's website and click on its
information links or contact the merchant directly. You release
us and our affiliates from any damages that you incur, and
agree not to assert any claims against us or any of our
affiliates, arising from your purchase or use of any products
or services made available by third parties through the
Site.
You agree to be financially responsible for all purchases made
by you or someone acting on your behalf through the Site. You
agree to use the Site, and to purchase services or products
through the Site, 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 us or a merchant, you
represent that you have obtained the express consent of such
third party to provide such third party's personal
information.
- Responsibility for User-Provided Content
This Site may include a variety of features, such as discussion
forums, blogs, photo- and video-sharing pages, email services
and social networking features that allow feedback to us and
allow users to interact with each other on the Site and post
content and materials for display on the Site. This Site also
may include other features, such as personalized home pages and
email services, that allow users to communicate with third
parties. By accessing and using any such features, you
represent and agree:
(i) that you have read and agree to abide by these Terms of
Service;
(ii) that you are the owner of any material you post or submit,
or are making your posting or submission with the express
consent of the owner of the material;
(iii) that you are making your posting or submission with the
express consent of anyone pictured in any material you post or
submit,
(iv) that you are 13 years of age or older;
(v) that the materials will not violate the rights of, or cause
injury to, any person or entity;
(vi) that you will indemnify and hold harmless us, our
affiliates, and each of our and their respective directors,
officers, managers, employees, shareholders, agents,
representatives and licensors, from and against any liability
of any nature arising out of related to any content or
materials displayed on or submitted via the Site by you or by
others using your username and password; and
(vii) that you will not:
- Restrict or inhibit any other user from using and enjoying
the Site;
- Use the Site to impersonate any person or entity, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
- Interfere with or disrupt any servers or networks used to
provide the Site or its features, or disobey any requirements,
procedures, policies or regulations of the networks we use to
provide the Site;
- Use the Site to instigate or encourage others to commit
illegal activities or cause injury or property damage to any
person;
- Gain unauthorized access to the Site, or any account,
computer system, or network connected to this Site, by means
such as hacking, password mining or other illicit means;
- Use the Site to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, or
federal law;
- Use the Site to post or transmit any information, software
or other material that violates or infringes upon the rights of
others, including material that is an invasion of privacy or
publicity rights or that is protected by copyright, trademark
or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or
rights holder;
- Gather for marketing purposes any email addresses or other
personal information that has been posted by other users of the
Site;
- Contact anyone who has asked not to be contacted;
- Engage in personal attacks, harass or threaten,
deliberately inflame or disrupt the conversation, or air
personal grievances about other users;
- Repeatedly post the same or similar content or otherwise
impose an unreasonable or disproportionately large load on our
infrastructure; or
- Use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from our Site.
Exception is made for Internet search engines (e.g., Google)
that comply with our Terms of Service.
- You also grant us a license to use the materials you post
or submit via such features, as described above under the
header "Rights and Restrictions Relating to Site Content."
Responsibility for what is posted on discussion forums, blogs,
photo- and video-sharing pages, and other areas on the Site
through which users can supply information or material, or sent
via any email services that are made available via the Site,
lies with each user â you alone are responsible for the
material you post or send. We do not control the messages,
information or files that you or others may transmit, post or
otherwise provide on or through the Site.
You understand that we have no obligation to monitor any
discussion forums, blogs, photo- or video-sharing pages, or
other areas of the Site through which users can supply
information or material. However, we reserve the right at all
times, in our sole discretion, to screen content submitted by
users and to edit, move, delete, and/or refuse to accept any
content that in our judgment violates these Terms of Service or
is otherwise unacceptable or inappropriate, whether for legal
or other reasons.
You acknowledge and agree that we may preserve content and
materials submitted by you, and may also disclose such content
and materials if required to do so by law or if, in our
business judgment, such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service; (c) respond to claims that any
content or materials submitted by you violate the rights of
third parties; or (d) protect the rights, property, or personal
safety of our Site, us, our affiliates, our officers,
directors, employees, representatives, our licensors, other
users, and/or the public.
- EZ Pay Automatic Bill Paying Terms
EZ Pay is our automatic bill paying program. There are no bills
sent to your home, checks to write, or stamps needed. The
amount of your monthly subscription rate is automatically
deducted from your credit card or debit card, or your bank
account on a monthly basis. The transaction will appear on your
monthly credit card statement. If you authorize us to bill your
account on a monthly basis through our automatic billing
program, you understand and agree that the monthly amount may
vary if you change the number of delivery days and/or
temporarily stop your subscription. In the event the
subscription price increases, you understand and agree that you
will be given notice of the increase and have an opportunity to
cancel, and in the event you do not cancel, you further
authorize us to bill your credit card or debit card the new
subscription amount. If you wish to discontinue participation
in the EZ Pay Plan, you understand that you may do so by
notifying us at least five business days before the next
payment is to be deducted from your account.
- Classified Advertising
If classified advertising may be submitted through this Site,
when you submit a classified ad for publication on the Site,
you agree that the advertisement as it appears on the Site
becomes our property. Submission of an advertisement does not
constitute a commitment to publish the advertisement, and
publication of an advertisement does not constitute an
agreement for continued publication. We will accept only
standard abbreviations and require proper punctuation. We
reserve the right to edit, reclassify, revise, reject or cancel
any advertisement at any time, in our sole discretion. Rates
and specifications for any advertisement are subject to
change.
- Real Estate Advertisements; Equal Housing Opportunity
The Federal Fair Housing Act 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. We will not knowingly accept
any advertising for real estate which 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.
- Job Listings
Our Site may permit users to post, and search for, job
openings. We do not knowingly accept listings regarding
employment that are not for bona fide job opportunities. We
also do not knowingly accept listings that discriminate or
intend to discriminate on any illegal basis, or that are
otherwise illegal. We encourage you to investigate fully and
understand all aspects of any job you are considering.
- Limitation on Use of Company Directories
The information contained in any company directories that may
be provided on the Site is provided for business lookup
purposes and is not to be used for marketing or telemarketing
applications. This information may not be copied or
redistributed and is provided "AS IS" without warranty of any
kind. In no event will we or our suppliers be liable in any way
with regard to such information.
- Privacy
We respect the privacy of the users of our Site.
Please review our Privacy Notice.
- Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Site, or
any portion thereof, with or without notice. You agree that we
will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site or any
portion thereof.
- Disclaimers
Throughout our Site, we have provided links and pointers to
Internet sites maintained by third parties. Our linking to such
third-party sites does not imply an endorsement or sponsorship
of such sites, or the information, products or services offered
on or through the sites. In addition, neither we nor our parent
or subsidiary companies nor any of our respective affiliates
operate or control in any respect any information, products or
services that third parties may provide on or through the Site
or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR
ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE,
INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR
ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware
and/or software necessary to access the Site. You assume the
entire cost of and responsibility for any damage to, and all
necessary maintenance, repair or correction of, that hardware
and/or software.
The Site is provided for informational purposes only, and is
not intended for trading or investing purposes, or for
commercial use. Stock and mutual fund quotes, and related
financial news stories may be delayed for a substantial period
of time, as may be required by the stock exchanges and/or the
financial information services. The Site should not be used in
any high risk activities where damage or injury to persons,
property, environment, finances or business may result if an
error occurs. You expressly assume all risk for such use.
Your interactions with companies, organizations and/or
individuals found on or through our Site, including any
purchases, transactions, or other dealings, and any terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such companies,
organizations and/or individuals. You agree that we will not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. You also agree
that, if there is a dispute between users of this Site, or
between a user and any third party, we are under no obligation
to become involved, and you agree to release us and our
affiliates from any claims, demands and damages of every kind
or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related
to such dispute and/or our Site.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANY OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR
SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS,
OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
- Indemnification
You agree to indemnify and hold harmless us, our affiliates,
and each of our and their respective directors, officers,
managers, employees, shareholders, agents, representatives and
licensors, from and against any and all losses, expenses,
damages and costs, including reasonable attorneys' fees, that
arise out of your use of the Site, violation of these Terms of
Service by you or any other person using your account, or your
violation of any rights of another. We reserve the right to
take over the exclusive defense of any claim for which we are
entitled to indemnification under this section. In such event,
you agree to provide us with such cooperation as is reasonably
requested by us.
- Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or
terminate your password, account (or any part thereof) or use
of the Site, or any part of the Site, and remove and discard
any materials that you submit to the Site, at any time, for any
reason, without notice. You agree that we will not be liable to
you or any third-party for any suspension or termination of
your password, account (or any part thereof) or use of the
Site, or any removal of any materials that you have submitted
to the Site. In the event that we suspend or terminate your
access to and/or use of the Site, you will continue to be bound
by the Terms of Service that were in effect as of the date of
your suspension or termination.
- Claims of Intellectual Property Violations and Agent for
Notice
It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act and other
applicable intellectual property laws. It is our policy to
remove material that we believe in good faith to be copyrighted
material that appears on our web site in a manner that
constitutes copyright infringement or violation of other
intellectual property rights, and to discontinue service to
repeat offenders who post such materials to our web site. For
those seeking more information, the text of the Digital
Millennium Copyright Act can be found at the U.S. Copyright
Office.
If you believe your work has been copied in a way that
constitutes copyright infringement, or that your intellectual
property rights have been otherwise violated, please provide
our Copyright Agent, listed below, with the following
information:
(i) A physical or electronic signature of a person authorized
to act on behalf of the owner of the copyright or other
intellectual property that is allegedly infringed.
(ii) A description of the copyrighted work or other
intellectual property that you claim has been infringed or, if
multiple works at our web site are covered by a single
notification, a representative list of such works at the web
site.
(iii) A detailed description of where the material that you
claim is infringing is located on the web site, with
information reasonably sufficient to permit us to locate the
material.
(iv) Information to permit us to contact you, such as an
address, telephone number, and, if available, an email address
at which you may be contacted.
(v) A statement from you that you have a good faith belief that
use of the material in the manner complained of is not
authorized by the copyright or intellectual property owner, its
agent, or the law. (vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the
owner of the copyright or other intellectual property that is
allegedly infringed.
Designated Agent to Receive Notification of Claimed
Infringement:
- Aaron Julien
Newspapers of New England, Inc.
One Monitor Drive
Concord NH 03301
Phone: (603)224-5301
Fax: (603)224-6949
E-mail to: copyright AT nnenews . com
- TERMS AND CONDITIONS APPLICABLE TO THE WORKS OF THE
ASSOCIATED PRESS DISPLAYED ON THE WEB OR DISTRIBUTED VIA THE
INTERNET
The Associated Press may impose other terms and conditions on
the use of its materials that appear on the Site. You agree
to the additional terms and conditions set forth at
http://www.ap.org/termsandconditions by the
Associated Press on any text, data, information, photos,
graphics, audio and video material created, gathered,
generated and/or provided by The Associated Press on this
Site.
- Other Terms & Conditions
This agreement constitutes the entire agreement between us and
you with respect to the subject matter contained in this
agreement and supersedes all previous and contemporaneous
agreements, proposals and communications, written oral. You
also may be subject to additional terms and conditions that may
apply when you use the products or services of a third party
that are provided through the Site. In the event of any
conflict between any such third-party terms and conditions and
these Terms of Service, these Terms of Service will govern.
This agreement will be governed by and construed in accordance
with the laws of the State of New Hampshire, without giving
effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to
anyone. If any provision of this agreement is found to be
unlawful, void, or for any reason unenforceable, then that
provision will be deemed severable from this agreement and will
not affect the validity and enforceability of any remaining
provisions. These Terms of Service are not intended to benefit
any third party, and do not create any third party
beneficiaries. Accordingly, these Terms of Service may only be
invoked or enforced by you or us. You agree that regardless of
any statute or law to the contrary, any claim or cause of
action that you may have arising out of or related to use of
the Site or these Terms of Service must be filed by you within
one year after such claim or cause of action arose or be
forever barred.
- Contact Us
If you have any questions regarding these Terms of Service,
please write to us at:
Daily Hampshire Gazette
H.S. Gere & Sons, Inc.
23 Service Center Rd.
Northampton, MA 01060
Attn: PUBLISHER
23 Service Center Rd
Northampton, MA 01060
413-584-5000
The Newspapers of New England Family
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