Website Terms of Use
PLEASE REVIEW BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
General Description
Welcome to Morristowngreen.com (the “Website”) as provided by Kevco Media LLC (“Service Provider,” “we,” or “our”), the place for local opinions, news events, real estate & more from the Greater Morristown area. We have set out some ground rules for using the Website in this document (the “Terms”). By accessing, using, or contributing to any area of the Website, you agree to abide by the Terms.
We may change the Terms from time to time, at our sole discretion. Your continued use of the Website following the posting of such changes will constitute your assent to all such changes. Please check back periodically to review the current version of the Terms.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE WEBSITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER WEBSITE LINKED TO THE WEBSITE, OR ANY CONTENT CONTAINED IN ANY SUCH WEBSITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE WEBSITE) EVEN IF THE SERVICE PROVIDER, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
Account
Registration
To utilize the Website, or certain portions thereof, you may be required to complete a registration process and establish an Account(s) with a user ID and password with the Service Provider. You represent and warrant that all information provided by you to the Service Provider is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of the Website, you may receive or establish one or more passwords. You must ensure that your Account(s) and corresponding user ID and password is kept confidential. You accept sole responsibility for all activities that occur under your Account(s). Any accounts you create are not transferrable. You agree to notify the Service Provider immediately if you become aware of any unauthorized use of your Account(s).
Privacy
We respect the privacy of our users. Our Privacy Policy is expressly incorporated herein by reference and made a part of these Terms.
Termination
The Service Provider reserves the right to terminate your account or restrict access to your account, or to delete any content posted through your account with or without notice, for any or for no reason, and without any liability to you.
Community Participation
Browsing
You understand that material made available by the Service Provider is a product of a community effort and does not necessarily represent the views of the Service Provider. The Service Provider assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
Linking
You understand that the Service Provider does not and cannot review all material made available through websites linked or linking to any part of the Website. You also understand that no such linking in and of itself implies in any way that the Service Provider endorses or is affiliated with any third-party website. You agree that the Service Provider bears no responsibility or liability for any content accessed or harm caused from any third-party website.
You further understand and acknowledge that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such website or resource.
Acts Against the Website
You shall not attempt or engage in potentially harmful acts that are directed against the Website including, without limitation, the following:
(a) Using any portion of the Website in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account that you are not authorized to access; (e) forging user IDs, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Website; (g) violating or attempting to violate any security features of the Website; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Website; (j) interfering or attempting to interfere with the use of the Website by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Website; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Website without the express written permission of the Service Provider; (l) tampering with the operation, functionality, or the security of the Website; (m) attempting to override or circumvent any security or usage rules embedded into the Website that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Website; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Website by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
Parental Notice
The Website is not intended for users under the age of 13, and the Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the internet (e.g. http://en.wikipedia.org/wiki/List_of_content-control_software).
Contributed Content
Any content including any text, graphics, images, software code, audio and video contributed to the Website should be relevant to the subject scope of the Website. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
Unacceptable content includes, but is not limited to, the following:
- Statements that are intended as a personal attack or are abusive, harassing, or threatening
- Defamatory or knowingly false statements
- Information of a private or personal nature that does not have news value or is otherwise not of public interest
- Irrelevant statements, chain letters, surveys, commercial or unsolicited promotional solicitations, or SPAM
- Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use
- Excessively repetitive posts
The Service Provider does not pre-screen or regularly review any contributed content, but We have the right (though not the obligation) to remove, without notice, any content posted which We consider, for any reason, to violate these Terms or to be outside the subject scope of the Website.
The Service Provider does not necessarily endorse or agree with the comments, opinions, or statements posted on the Website. We are not responsible for and do not necessarily hold the opinions expressed by our content contributors or in user comments. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including material that violates the Terms.
Licenses Applicable to Contributed Content
By posting or contributing any content (including text, photographs, graphics, images, software code, video and audio) to any portion of the Website, you are granting the Service Provider a non-exclusive, royalty-free, unrestricted, perpetual, and worldwide license to use your content in connection with the operation of the Website, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, format and sublicense your content for any purpose in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the content. This license shall apply to the distribution and the storage of you content in any form, medium, or technology now known or later developed.
User Representations and Warranties
By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Indemnities
You hereby indemnify, save, and hold the Service Provider, its affiliates, officers, employees and agents, harmless from any and all damages, liabilities, costs, losses and expenses (including but not limited to legal costs and reasonable attorneys’ fees) arising out of or connected with any claim, demand or action (each, a “Claim”) in any way related to your use of the Website and/or based upon facts or allegations which, if true, would constitute a breach of any representation, warranty, covenant or agreement made by you in this Agreement, including but not limited to Claims relating to your alleged infringement of the intellectual property or other rights of any person or entity.
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Other Terms
Merchandise Sold On Or Through The Website
Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Website. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Website.
We may at times facilitate auctions or swaps between registered members on the Website; should we do so, we may use third-party service provider(s) to administer the auctions or swaps. If so, you must agree to such third party’s user agreements, contracts and rules pertaining to the use of its service. Neither Service Provider nor any auction or swap service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. We provide a venue to bring buyers and sellers together over the Internet. If you participate in auctions or swaps on the Website, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction or swap services.
Intellectual Property
The Website (including any and all text, photographs, graphics, images, software code, video and audio content contained on our site) is protected by copyright under the copyright laws of the United States and other countries, and we (subject to any license agreements or arrangements) have all rights therein. Except where expressly permitted, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All individual blogs, audio and videos recordings and other elements comprising our site are also copyrighted works, and we (subject to any license agreements or arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
Modifications
The Service Provider reserves the right to change, at any time, at our sole discretion, the Terms under which this Website is offered. You are responsible for regularly reviewing the Terms. Your continued use of the Website constitutes your agreement to all such Terms.
Termination of Service
The Service Provider disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Website, or any software provided through the Website. The Service Provider reserves the right to modify, suspend, or discontinue the Website without any notice at any time and without any liability to you.
Scope of Terms
The Terms apply to use of and contribution to the Website and any Account provided.
No Waiver of Terms
Failure of the Service Provider to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of state of New Jersey without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving New Jersey in the event of any dispute of any kind arising from or relating to the Website, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Effective Date of the Agreement is April _, 2010.
