Terms of Service
Posted on Monday, 31 of March , 2008 at 11:34 pm
Terms of this Agreement
On completing the registration request and being allowed access to “www.northcountrygazette.org (”the Site”), you enter into the North Country Gazette (the “Company”) User Agreement and the terms and conditions set out below.
This Agreement is valid for as long as you continue your online subscription. Either party can terminate the Agreement for any reason at any time. If we, the Company, terminate this Agreement, we will E-mail you at the address you provide for registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time, so that the assigned User Name and Password will no longer provide access to the Site. You will be responsible for notifying us of any changes to your E-mail address via the Site’s Account Management page.
Individual Registration and AccessEach registration is valid for a single user only. To access the Site you will be asked to enter your individual User Name and Password. Therefore we do no permit any of the following:
Any other person sharing your User Name and Password
Sharing of User Name and Password are not permitted. As a paid subscriber, User Names and Passwords are offered on a one-to-one basis (one paid subscriber for one User Name and password). Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as paid users of the Site is not permitted. Access through a single User Name and Password being made available to multiple users on a network is not permitted. If we reasonably believe that a User Name and Password are being used in any of these ways, we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The North Country Gazette of any unauthorized use of your subscription or password.
Copyright
Unless otherwise stated, copyright or similar rights apply to all material presented on the Site, including graphical images, is owned by the Company.
Limited Permission to Copy
You are permitted to print or download extracts from these pages for your personal use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service without ‘ prior written permission from the publisher of The North Country Gazette. Requests to republish North Country Gazette material for distribution should be addressed to the Site’s administrator at news@northcountrygazette.org.
Disclaimer
The Company hereby excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the Site or any of its contents, including (but not limited) to any financial tools contained within the Site. The Company will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Site or any such contents. The Company makes no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties.
Certain links on the Site lead to resources located on servers maintained by third parties over whom the Company has no control. The Company accepts no responsibility or liability for any of the material contained on those servers.
Changes to this Agreement
We reserve the right to add to or change the terms of this Agreement. Any changes will be posted to www.northcountrygazette.org and it is your responsibility as a user to refer to the terms on accessing this service. Changes will be effective 3 hours after first posting to the Site and you will be deemed to have accepted any change if you continue to access the Site after that time.
Advertising Material
Part of the Site will contain advertising and other material submitted to the Company by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national laws. The Company will not be responsible for any error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisement on the Site will be subject to Site’s terms and conditions.
Force Majeure
The Company shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Registration Information/Privacy Policy
The North Country Gazette employs a third-party payment processing systems provided by PayPal. If you are paying for your subscription using PayPal payment processing systems, you will be required to provide your name, e-mail address, and credit card information.
Any information provided by you or gathered by The North Country Gazette or third parties during any visit to The North Country Gazette shall be subject to the terms of The North Country Gazette’s Privacy Policy, which is incorporated herein by reference. The North Country Gazette reserves the right to offer you third party services and products.
The North Country Gazette reserves the right to terminate your North Country Gazette subscription if The North Country Gazette learns that you have provided false or misleading registration information or that you have used any copyrighted material on the website or any other media published by North Country Gazette.
Termination
The North Country Gazette reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access The North Country Gazette and/or any other service provided to you by The North Country Gazette upon any breach by you of the Terms of Service.
Modifications of these Terms of Service
The North Country Gazette may modify these Terms of Service from time to time in its sole discretion. Each time you log on to The North Country Gazette, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we will also post a note on The North Country Gazette home page stating that the Terms of Service has changed.
Modifications to The North Country Gazette
The North Country Gazette may modify www.northcountrygazette.org with or without notice to you and without liability to you or any third party. If The North Country Gazette.org is discontinued for any reason, subscribers may request a refund of a prorated amount of their current subscription cost.
Third Party Services
You may order services or merchandise through The North Country Gazette from other persons not affiliated with The North Country Gazette (”Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. The North Country Gazette. makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider The North Country Gazette nor will The North Country Gazette be construed as a party to such transactions, whether or not The North Country Gazette may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF The North Country Gazette IS AT YOUR SOLE RISK. The North Country Gazette IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The North Country Gazette EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The North Country Gazette MAKES NO WARRANTY THAT The North Country Gazette SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT The North Country Gazette WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES The North Country Gazette MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON The North Country Gazette. The North Country Gazette WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF The North Country Gazette..
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The North Country Gazette IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT The North Country Gazette DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. The North Country Gazette IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
The North Country Gazette SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN The North Country Gazette.. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The North Country Gazette ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The North Country Gazette MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH The North Country Gazette OR ANY TRANSACTIONS ENTERED INTO THROUGH The North Country Gazette..
The North Country Gazette IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE The North Country Gazette SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against The North Country Gazette with respect to such sites.
Limitation of Liability
The North Country Gazette SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE The North Country Gazettel OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH The North Country Gazette OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF The North Country Gazette HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold each of The North Country Gazette, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of The North Country Gazette, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering The North Country Gazette, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York..
Remedies for Breach of these Terms by You
In the event that The North Country Gazette determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of The North Country Gazette, The North Country Gazette reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) discontinue your subscriptions(s) with The North Country Gazette; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which The North Country Gazette deems to be appropriate.
If your subscription(s) with or ability to access The North Country Gazette and/or any other service provided to you by The North Country Gazette is discontinued by The North Country Gazette due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of The North Country Gazette, then you agree that you shall not attempt to re-register with or access The North Country Gazette, and/or any other service provided by The North Country Gazette through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, The North Country Gazette reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections above without any notice or warning to you.
Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The North Country Gazette may assign its rights and obligations under these Terms of Service and upon such assignment The North Country Gazette may be relieved of any further obligation hereunder.
You represent to The North Country Gazette that you have the authority to register with or visit The North Country Gazette according to these Terms of Service. The North Country Gazette does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to The North Country Gazette services.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on The North Country Gazette) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of The North Country Gazette be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
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