TERMS AND CONDITIONS GOVERNING ACCESS TO AND USE OF "NNY360.com."
1. ACCEPTANCE OF TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT
This User Agreement ("Agreement") sets forth the Terms and Conditions that govern your use of the Website "NNY360.com." We refer to the website in this Agreement as "the Website." Your use of the Website, including your participation in its bulletin boards, chats and other areas (unless specifically stated otherwise), or your registration to participate in, or receive services from, any part of the Website, as required, constitutes your agreement to accept and comply with these Terms and Conditions. Please read this Agreement carefully. NNY360, the company that is making the Website available to you (also called the "Internet Service Provider" or "ISP"), may change any part of this Agreement, or any terms or conditions pertaining to your use of the Website wherever located, at any time, without giving you prior notice. If NNY360 does so, it will place a notice describing its action on the Website. Any changes made to the Terms and Conditions set forth in this Agreement become part of the Agreement and apply to all future use of the Website as soon as NNY360 places the notice of the change on the Website. Your continued access and/or use of the Website after the notice is posted constitute your agreement to be bound by and to comply with all changes made to this Agreement. Your failure to comply with these Terms and Conditions may result in suspension or termination of your access to the Website, without notice, and the exercise of other remedies available to NNY360.
2. DESCRIPTION OF SERVICE
Through the Website, NNY360 provides users with access to a rich collection of resources that may include advertisements that enable NNY360 to provide the Website. NNY360 is providing the Website "AS IS" and "AS AVAILABLE," and assumes no responsibility for any aspect of the Website. NNY360 reserves the right at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Website (or any part of the Website) with or without notice to you. NNY360 is not liable to you or to any third party for the consequences of any change, modification, suspension or discontinuance of the Website or of any other actions or omissions related to or arising from its operation of the Website (see, Section 7 below regarding "Disclaimer of Warranties and Limitation of Liability"). Each user is responsible for obtaining access to the Website. Doing so may require the payment of fees to a third party (such as an Internet Service Provider other than NNY360) or payment of airtime charges. You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website.
3. YOUR USE OF THE WEBSITE
A. You may not use the Website or its content for any illegal purpose or in any manner inconsistent with the Terms and Conditions set forth in this Agreement. You agree to use the Website solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You are responsible for keeping your password confidential. If you have a reasonable basis for believing that your account is no longer secure, you must promptly change your password and otherwise take appropriate steps to prevent unauthorized access to your account. NNY360 has no obligation or duty to advise you of any suspicious or unusual activity regarding your account, or to inform you of any facts or circumstances that could indicate that unauthorized use of your account has occurred.
B. You may not, and you may not permit others to, use the Website in any way that (a) violates the rights of others, (b) is unlawful, (c) makes NNY360 subject to civil liability, or (d) violates this Agreement or any Terms and Conditions governing your use of the Website contained elsewhere. No one under 13 may use the Website without adult supervision. Users under 13 are not allowed to submit personal identifying information or to use any part of the Website for which registration is required. The Website collects no personal information from users under 13. Unless otherwise specified, the Website is intended for your personal use only.
C. You may not submit, post or provide to, or through, the Website (i) any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers; (ii) any obscene, indecent, sexually explicit or offensive language, graphics, photographs, images or other material; (iii) any content that is defamatory, harassing, racist, or which contains ethnic or religious slurs, or homophobic, terroristic or treasonous content; or (iv) any material that invades anyone's privacy, violates the intellectual property rights of others, or promotes or encourages conduct that would constitute a criminal offense or which could or does create civil liability on the part of NNY360 or any of its subsidiaries or affiliates, or which violates local, state, federal or international laws or regulations.
E. Any use of the Website that disrupts the normal use of the Website for other users is considered abuse of Website resources and is grounds for administrative intervention. You may not disrupt, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You agree not to use any process, program or tool for guessing the passwords of other users, and not to make unauthorized attempts to access the networks of others or to access areas of the Website from which you are excluded.
F. Other than connecting to the Website's servers by http requests using a Web browser, you may not attempt to gain access to NNY360.com's servers by any other means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
4. PROTECTION OF COPYRIGHTS AND TRADEMARKS
All information, graphics, data, and other materials of every type and kind accessible on or through the Website ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other items, are protected by copyrights and other intellectual property rights owned and controlled by NNY360 or by other parties. Except as specifically provided herein, Online Materials may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of the owner. You may not add, delete, distort, or otherwise modify the content on this Website. Any unauthorized attempt to modify Online Materials, to defeat security features, or to utilize this Website for other than its intended purposes is prohibited.
The software and Online Materials made available to you on the Website may include technology that protects digital information and limits your usage of the information that you may download from the Website. The digital rights management software restricts your access to electronic versions of publications in various ways. You may not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security components. The security components are provided in part by NNY360' licensors, suppliers and vendors. From time to time, the software you use to download information from the Website may directly connect to an internet site operated by one of the vendors to upgrade the security components on your software. By registering for, using, and/or by downloading information from the Website, you agree to accept and refrain from disabling NNY360' use of the security components and the automatic upgrading of such security components.
NNY360' logos and product and service names are trademarks owned by NNY360. All other trademarks appearing on the Website are trademarks of their respective owners and reference to them does not imply or indicate approval or endorsement by their owners unless approval or endorsement is expressly made. It is understood that the Website is a news and information website and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that the Website covers. NNY360 will enforce its intellectual property rights to the fullest extent of the law. If you suspect that NNY360.com's content or trademarks, or the content or trademarks of others that are accessed through WDT.com, are being misused, please notify NNY360 as soon as possible.
By using the Website, you agree that you will observe, comply with and respect all copyright, trademark and other intellectual property laws. You agree that NNY360, its licensors and/or other entities own all of the Online Materials. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any Online Materials, including but not limited to the removal or alteration of advertising, is strictly prohibited. You may not make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of any Online Materials obtained or accessed through the Website, except as permitted by the Copyright Act or other law or as expressly permitted by this Agreement or NNY360.
The Online Materials viewed or purchased through the Website may be displayed and printed for your personal, non-commercial use only. You may not modify, publish, transmit (including, but not limited to, by way of e-mail, facsimile, or other electronic means), display, participate in the transfer or sale of, create derivative works based on, or in any other way exploit any of the information received through the Website, including but not limited to sharing with others in the same organization, without NNY360' prior written consent and (if applicable), the consent of its licensor(s) or other authorized person(s). Such consent may be withheld for any reason. Should copying of Online Materials be allowed, redistribution or publication of the Online Materials is prohibited. Use of the Online Materials shall be for personal, non-commercial use only and no changes in, or deletion of, author attribution, trademark legend or copyright notice shall be made. Nothing contained herein shall be construed as granting you or any third party any interest in or to the Online Materials. All rights in and to the Online Materials are expressly reserved by NNY360 and/or its respective licensor(s).
5. FEES AND PAYMENTS
The Website does not charge for access to daily editorial content. Fees for other services (e.g., NewsLibrary.com Archive) may still apply. When you register to use or access any part of the Website for which a fee is charged, we will open a registered user account. When you register, you will be required to provide information about yourself. When you do so, you are representing that you are providing complete and accurate information about yourself, including accurate and up-to-date billing information. You are required at all times to insure the accuracy of your billing information. You may not impersonate, imitate or pretend to be someone other than yourself. You are legally responsible for all activities related to your user account, including liability arising from the use of your account by others. You are responsible for payment of fees, taxes and other charges incurred with respect to anyone else's use of your user account at the rates applicable at the time the fees, taxes and other charges are incurred. You are responsible for payment of charges, fees, and taxes, and all other amounts due, with respect to products or services purchased through your account. NNY360 and/or a third party has the right to bill you for products or services purchased through your account. NNY360 reserves the right to change the amount of fees due for products or services, and to require your payment of new fees, effective at the time that you are notified of its decision to do so.
If you submit your credit, debit or charge card information to NNY360 at registration or otherwise, your doing so constitutes your giving of permission to NNY360 to charge all fees incurred to the credit, debit or charge card you designate. Any additional fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to NNY360 for any reason, NNY360 reserves the right to suspend or terminate your account and all its obligations under this Agreement.
6. TERMINATION OF SERVICE AND LIMITATION OF REMEDIES
A. NNY360 reserves the right to terminate or suspend your ability to access the Website at any time, for any or no reason, without giving you prior notice. In particular, NNY360 may terminate or suspend your ability to access the Website for repeated infringement of the copyrights, trademarks, or other intellectual property rights of others.
B. You may cancel your registration or use of the Website at any time for any or no reason. Cancellation of your registration for use of the Website and/or termination of your use of the Website as a registered user, is your only remedy for resolution of any dispute that may arise between you and NNY360 and/or NNY360.com. This limitation of your remedies applies to, but is not limited to, any dispute related to or arising from (a) a term of this Agreement, or NNY360' interpretation, enforcement or application of this Agreement; (b) the information available on NNY360' Website or any changes that are made to the Website; (c) your ability to access or use the Website; or (d) the amount or type of fees, taxes and or other charges made, or changes in such fees, taxes, or other charges. See, Section 7 below, regarding limitation of NNY360' liability, and Section 17 regarding arbitration. Should this limitation of your remedy be held to be invalid or unenforceable, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
NNY360 IS NOT LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY (OR PUNITIVE), OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR FOR OTHER DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (F) LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE WEBSITE OR ACCESS TO THE INTERNET, OR DAMAGE TO ANY HARDWARE OR SOFTWARE, (G) FOR ANY LACK OR BREACHES OF SECURITY OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; (H) ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE JOHNSON'S REASONABLE CONTROL; OR (I) ANY OTHER MATTER RELATING TO THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR IF YOU HAVE ANY OTHER DISPUTE WITH, OR CLAIM AGAINST, NNY360, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY LIABILITY WILL BE LIMITED AS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NNY360 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE CONCERNING THE WEBSITE, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE DATA, INFORMATION, OR ONLINE MATERIALS PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE OR WILL BE RELIABLE, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR OTHERWISE SUITABLE OR APPROPRIATE FOR A USER'S PURPOSES. NNY360 ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING TITLE AND NON-INFRINGEMENT, AND PERTAINING TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON OR PROVIDED BY OR THROUGH THE WEBSITE. NNY360, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. NNY360 MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (C) THAT PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES, OR OTHER INFORMATION CREATED BY WDT.COM OR BY THIRD PARTIES. THE NUMBER OF SOURCES FROM WHICH WCT.COM OBTAINS CONTENT, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, MAY CAUSE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT SHOULD NOT BE RELIED ON FOR ANY PURPOSE. THE CONTENT IS NOT INTENDED AS TAX OR INVESTMENT ADVICE AND NNY360 DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. NNY360 AND/OR NNY360.com DO NOT ADOPT OR ESPOUSE THE INFORMATION CREATED BY THIRD PARTIES THAT YOU ACCESS ON OR THROUGH THE WEBSITE AND SUCH INFORMATION REMAINS THE RESPONSIBILITY OF THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
8. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence and business dealings with, and participation in promotions of, sponsors, third parties or advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that NNY360 shall not be responsible or liable for any loss or damage of any nature suffered or incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Website.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. NNY360 has not reviewed and does not endorse the content of any site linked to or accessible from WDT.com. and is not responsible for the content or actions of any other sites linked to from this Website. Because NNY360 has no control over such sites and resources, you acknowledge and agree that NNY360 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NNY360 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 content, goods or services available on or through any such site or resource. You agree that NNY360 has no responsibility to insure the accuracy of information available through interconnecting networks. NNY360 makes no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of the data and/or information residing on or passing through other networks. Use of information obtained from or through the Website is at the sole risk of the user.
10. RIGHT OF NNY360 TO MONITOR WEBSITE
The failure of NNY360 to exercise or enforce any Term or Condition set forth in this Agreement does not constitute a waiver of the Term or Condition, and NNY360 may enforce it at any subsequent time. If any Term or Condition of this Agreement is found invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the Term or Condition, and that the other Terms and Conditions of the Agreement remain in full force and effect.
Please report any violations of the terms of this Agreement to "Online@WDT.com.net." See, Section 19 below with regard to copyright infringement.
You agree to indemnify, defend and hold harmless NNY360, NNY360.com, the Johnson Newspaper Corporation, and its and/or their affiliates, employees, agents, representatives and third-party service providers, from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any term or provision of this Agreement.
14. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to the Website regarding the Website, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. The Website shall have no obligation of any kind with respect to such Received Materials and the Website will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, the Website is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
15. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service constitute the entire agreement between you and NNY360 and the Website and govern your use of the Website. This Agreement represents the entire agreement and understanding regarding your use of the Website and supersedes all other representations, whether electronic, written, or verbal, regarding the subject matter of this Agreement. In the event that any Term or Condition in this Agreement is inconsistent with any document incorporated herein by reference or with any other agreement between you and NNY360, these Terms and Conditions control unless NNY360 has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any Term or Condition of this Agreement is invalid, illegal, or otherwise unenforceable, such Term or Condition will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties.
16. CHOICE OF LAW AND FORUM: ARBITRATION
This Agreement will be governed by the laws of the State of New York without regard to choice of law principles. Disputes related to this Agreement (other than your failure to make payments in accordance with this Agreement and any action to collect amounts due to NNY360 or third parties under this Agreement) will be resolved exclusively by binding arbitration pursuant to the commercial rules of the American Arbitration Association ("AAA") then in effect. The arbitration shall take place in Syracuse, New York. The decision of the arbitrator will be binding on all parties and judgment on the award of the arbitrator may be entered by any court having jurisdiction. This duty to arbitrate will survive the termination or expiration of this Agreement. The arbitrator will not have authority to award special or punitive damages or any other damages except as permitted by this Agreement. You and NNY360 waive any right to trial by jury of any claims or disputes relating to this Agreement or to the Website. You and NNY360 agree that any claim arising out of or related to the Website or this Agreement must be commenced within two (2) years after the claim arises, or the claim will be permanently barred. Nothing in this Agreement will prevent NNY360 from seeking in any court of competent jurisdiction pending the outcome of the arbitration, protective or injunctive relief with respect to a violation of its intellectual property rights or enforcement or recognition of an award or order. Should any part of this Section 16 conflict with applicable law, the conflicting term shall be modified to conform with law and the remainder of this Section 16 shall continue in full force and effect.
17. COMMENTS BY OTHERS ARE NOT ENDORSED BY NNY360
NNY360 does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of NNY360 or its third-party service providers. NNY360 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 defamatory, offensive or illicit material, or other material that violates this Agreement.
19. COPYRIGHT COMPLAINTS
NNY360 may, in appropriate circumstances and at its discretion, suspend or terminate the access of, and take other action against, users and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you should notify NNY360 by providing the following information to our copyright agent set forth below:
A. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. 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, and information reasonably sufficient to permit NNY360 to locate the material;
D. Information reasonably sufficient to permit NNY360 to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. 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 an exclusive right that is allegedly infringed.
Copyright Agent | Alec Johnson | 260 Washington Street Watertown, NY 13601 | Phone: 315-782-1000| Fax: 315-661-2523