Effective Date April 30, 2009
This Site is operated by News Community Newspapers Holdings, Inc. (“NCNH”) and materials on the Site are owned, for the most part, by NCNH. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and NCNH.
If you choose to use this Site, you will be agreeing to abide by all of the terms and conditions of this Agreement. NCNH may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site at http://www.promexperience.com.
IF ANY OF THE REQUIREMENTS OF THIS AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
NCNH may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. NCNH may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
NCNH reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Thus, if at any time the Site requires a fee for portions of the Site that are now free, the Site will give you advance notice of such fees.
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of NCNH or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting NCNH in writing at:
News Community Newspaper Holdings
Attn: Online Department: Reprint request
1211 Avenue of the Americas
New York, New York 10036
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You are welcome to post, transmit or submit messages and other materials (which include uploading files (including photographs), inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively “Forums”). However, NCNH accepts no responsibility whatsoever in connection with or arising from such Messages.
NCNH does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by NCNH prior to posting and do not necessarily reflect the opinions or policies of NCNH. NCNH makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, NCNH reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
NCNH assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time NCNH chooses, in its sole discretion, to monitor the Forums, NCNH nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that NCNH accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law
- violate the copyright, trademark or other intellectual property rights of any other person.
-improperly assume or claim the identity, characteristics or qualifications of another person;
- are for purposes of spamming;
- contain any virus or other harmful component;
- are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
- are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
By submitting messages to Forums, you represent to NCNH that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
You agree that any Message whatsoever submitted by you becomes the property of NCNH and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as NCNH sees fit.
You agree to release NCNH, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
NCNH does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. NCNH’s policy is to simply delete any such submission without reading it or forwarding it to other NCNH staff. Therefore, any similarity between an unsolicited submission and any elements in any NCNH creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to NCNH via this Site, however, these submissions become the property of NCNH and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NCNH sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against NCNH, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
If you are interested in creating hypertext links to this Site, please contact us at:
1211 Avenue of the Americas
New York, New York 10036
However, before doing so, in establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or NCNH, including its respective employees, agents, directors, officers and shareholders.
If NCNH has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that NCNH is connected with, operates or controls these web sites.
NCNH takes no responsibility for third party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
While NCNH does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that NCNH DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that NCNH, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that NCNH is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that NCNH is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless NCNH, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
NCNH reserves the right to immediately terminate your use of, or access to, this Site at any time if NCNH decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that NCNH considers to be inappropriate or unacceptable.
You may terminate your registration account at any time by: email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
NCNH will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to NCNH’s Designated Agent.
Service Provider(s): News Community Newspapers Holdings, Inc.
Name/Contact Information of Designated Agent:
Vice President and Associate General Counsel
News America Incorporated
1211 Avenue of the Americas
New York, New York 10036
Telephone (212) 852-7886
Fax: (212) 852-7217
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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;
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;
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.