Terms

Trade Mark and Copyright Disclaimer:

New England Post, newenglandpost.com and nepost.com are copyright and trademark protected. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Disclaimer Regarding Liability Regarding Content:

The content as presented in newenglandpost.com and nepost.com websites is provided for informational purposes only. The site content including news, data and other information is provided to New England Post, newenglandpost.com and nepost.com by independent, third party sources. New England Post, newenglandpost.com and nepost.com is not responsible for the accuracy of the news, data and other information it is provided.

Terms of Use Agreement:

This Terms of Use agreement is effective as of: August 15, 2011

A. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) Use and the Privacy Policy constitute a legally-binding agreement between Cashman Media, LLC, a Massachusetts corporation (the “Company”), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the newenglandpost.com and nepost.com websites, including the news and information section, classified advertisements, forums, various email functions and Internet links, and all content and Company services available through the domain and sub-domains of the Company located at newenglandpost.com and nepost.com (collectively referred to herein as the “Website”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of user-submitted information between third party news and information sources and the Website users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website you hereby certify that: (1) you are either a third party news and information provider or otherwise Website user, (2) you have the authority to enter into these Terms of Use, and (3) as stated above, you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

 

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website you represent and warrant that you have the authority to bind yourself and your acceptance of the Terms of Use will be deemed an acceptance by “you”.

PROHIBITIONS WITH RESPECT TO SUBMITTING NEWS AND INFORMATION

While using the Website, you shall not:

• post content or items in any inappropriate category or areas on the Website;
• violate any laws, third-party rights, or any provision of the Terms of Use, such as the prohibitions described above;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

Use of Submitted Content

1. NO CONFIDENTIALITY

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Cashman Media LLC does not guarantee any confidentiality with respect to any Submitted Content. We can’t guarantee the confidentiality of anything you post publicly.

You agree that any Submitted Content provided by you is provided on a non-proprietary and non-confidential basis. You agree that Cashman Media LLC shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing news and information to users. You’re responsible for what you post.

1. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cashman Media LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website. Once you’ve posted information publicly on Cashman Media LLC, we can display or advertise it in other places. If you don’t want us to have access to your information anymore, just take down your post.

1. YOUR OWNERSHIP RIGHTS AND LICENSE

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Cashman Media LLC for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Cashman Media LLC a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Cashman Media LLC (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We are not liable for anything posted by Cashman Media LLC’s users, and we can remove any user content on the website whenever we want.

You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

 

1. 1. CASHMAN MEDIA LLC’S DISCLAIMERS AND RIGHT TO REMOVE

 

1. 1. 1. Cashman Media LLC does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Cashman Media LLC expressly disclaims any and all liability in connection with all Submitted Content. Cashman Media LLC does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Cashman Media LLC will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section G below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Cashman Media LLC reserves the right to remove any Data or Submitted Content without prior notice. Cashman Media LLC will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Website more than twice. Cashman Media LLC also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Cashman Media LLC may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
      2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Cashman Media LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cashman Media LLC with respect thereto, and agree to indemnify and hold Cashman Media LLC, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
      3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Cashman Media LLC may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

 

1. Copyright Infringement Take Down Procedure

 

1. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), Cashman Media LLC has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please email us immediately (see 17 U.S.C. § 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Cashman Media LLC to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Cashman Media LLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.” If you think your copyright or trademark is being infringed on Cashman Media LLC, please follow these procedures to notify us about it. We’ll try to help you solve the problem.
2. You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Cashman Media LLC will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding Cashman Media LLC’s instructions above, you are solely responsible for ensuring that any Notice you provide to Cashman Media LLC complies with the provisions of the DMCA.
3. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through Cashman Media LLC’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

newenglandpost.com and nepost.com reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and newenglandpost.com and nepost.com will post notice of the changes and the amended Terms of Use at the domain of newenglandpost.com and nepost.com, and/or may communicate the amendments through any method of written contact that newenglandpost.com and nepost.com has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

1. PRIVACY POLICY

newenglandpost.com and nepost.com has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: (add url to the privacy policy.)

This Privacy Policy is effective as of:  August 15, 2011

Cashman Media, LLC is committed to protecting the privacy of your information. We recognize that privacy is of utmost importance. This Privacy Policy details certain policies implemented regarding the use of personal data collected through the Website located at newenglandpost.com and nepost.com. The Privacy Policy describes how we handle your personal information in connection with your use, and our operation, of the Website, including the kind of personally identifiable information that we gather and how it is used and disclosed.

If you have any questions or comments about the Privacy Policy, please contact us at (enter your email address for contacts). Let us know if you have any questions or comments about this Privacy Policy.

The Privacy Policy is incorporated into and is subject to the Cashman Media LLC’s Terms of Use, which can be accessed at (add the url for the website disclaimer). Your use of the Website and any personal information you provide on the Website remains subject to the terms of the Privacy Policy and Cashman Media LLC’s Terms of Use. All capitalized terms used herein and not otherwise defined herein have the definitions set forth in the Terms of Use.

Please note that any video, image, comments, or other Submitted Content posted by users onto the Website becomes published content and is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submitted Content will be accessible by other users on the Site and can be used by those people to send you unsolicited communications. Please be sure that any information you post on any area of the Website (including any Submitted Content) is information you intend to be viewed by third parties.

COLLECTION OF PERSONAL INFORMATION

You can generally browse parts of the Website without telling us who you are or revealing any personally identifiable information about yourself. In certain sections of the Website, however, we may invite you to submit questions, participate in polls or surveys and request information.  When you submit questions, participate in polls or surveys and request information, we may ask you to provide certain personal information such as your legal name, civil status, occupation; your contact information, including email address and/or telephone number; your demographic information, such as postal code, and residential and commercial addresses; your preferences and interests; and other information relevant to user surveys and/or offers. We may also collect personal information that you post in any blog, chatroom, or other correspondence site on the Website, or any comments you provide. You may browse newenglandpost.com and nepost.com anonymously. However, we will collect and use any information that you supply to us by your own volition. This information is used solely to improve the Website and tailor it to your needs.

COLLECTION OF FINANCIAL INFORMATION

 

Cashman Media, LLC does not collect financial information. Any solicitation claiming to be made on behalf of Cashman Media, LLC, newenglandpost.com and nepost.com should not be provided and brought to our attention as expeditiously as possible.

 

COLLECTION OF AGGREGATE INFORMATION

We may collect aggregate information from your use of our Website, such as your browser type, your ISP or operating system, the URL of the previous website you visited, and your IP address, none of which can be easily used to identify you.

COLLECTION OF COOKIES INFORMATION

We may collect information from you by using cookies. A cookie is a small file stored on user’s computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled.

Children’s Privacy

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Cashman Media LLC endeavors not to collect or maintain any personally identifiable information from anyone under the age of 13. The Website and Services are not intended for anyone under the age of 13. Cashman Media LLC recognizes the privacy interests of children, and as such it encourages parents and guardians to take an active role in their children’s online activities and interests.

Security

We employ procedural and technological security measures, consistent with industry practice, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. Cashman Media LLC may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications or defeat these measures and other users may abuse or misuse your personal information or use it for improper purposes. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. Cashman Media LLC is not responsible for the unauthorized use by third parties of information you post or otherwise make available.

Disclosure

We will not sell or lease your personal information to third parties unless we have your permission or are required to do so by law.

Links to External Websites

The Website may contain links to other websites or resources over which Cashman Media LLC does not have any control. Such links do not constitute an endorsement by Cashman Media LLC of those external websites. You acknowledge that Cashman Media LLC is providing these links to you only as a convenience, and further agree that Cashman Media LLC is not responsible for the content of such external websites. We are not responsible for the protection and privacy of any information which you provide while visiting such external websites and such sites are not governed by this Privacy Policy. Your use of any external website is subject to the terms of use and privacy policy located on the linked to external website.

Privacy Policy Updates

CASHMAN MEDIA LLC MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS PRIVACY POLICY FROM TIME TO TIME BY UPDATING THIS DOCUMENT. CASHMAN MEDIA LLC WILL POST ITS UPDATED PRIVACY POLICY ON THE WEBSITE ON THIS PAGE AND POST NOTICE OF THE CHANGE SO IT IS VISIBLE WHEN USERS LOG-ON FOR THE FIRST TIME AFTER THE CHANGE IS POSTED SO THAT YOU ARE ALWAYS AWARE OF WHAT PERSONALLY IDENTIFIABLE INFORMATION WE MAY COLLECT AND HOW WE MAY USE THIS INFORMATION. CASHMAN MEDIA LLC ENCOURAGES YOU TO REVIEW THIS PRIVACY POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS SITE AND/OR CONTINUED PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT PRIVACY POLICY.