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Terms of Use

The following Terms of Use govern your use of the web sites operated by MaineToday Media., Inc. and its affiliates (hereinafter, “MaineToday,” “ Us” or “We”). This includes the use of mainteoday.com, pressherald.com, kjonline.com, onlinesentinel.com, mainejobs.com, mainetoday.com, any mobile sites and applications, and any of the features of those sites, including but not limited to RSS, software and other downloads and any features of any of the websites (collectively, the “Services”). By using or accessing the Services, you are acknowledging that you have read and understood these Terms of Use and agree, without limitation or qualification, to be legally bound by, and to comply with them. MaineToday may amend these Terms of Use at any time. All amendments go into effect on the day after they are posted online. Use of the Services following such posting shall constitute your agreement to all such amendments. By registering for any of the Services, you agree to receive periodic emails from MaineToday and its partners. You may opt-out by following the “unsubscribe” instructions located near the bottom of each email. If you send us emails, you should be aware that information disclosed in emails may not be secure or encrypted and thus may be available to others.

Access and Use of the Services.

You may be asked to register to access certain parts of the Services. You agree to provide true, accurate, and complete information about yourself as requested during registration. You must be 13 years of age or older to register to access the Services. You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use or any other applicable notice. MaineToday has the right to suspend or terminate your registration and refuse to allow future use of the Services if it suspects that information provided by you was inaccurate or incomplete, or if you do not abide by these Terms of Use. You agree to notify MaineToday immediately of any actual or suspected unauthorized use of your account. You assume all resulting liability for all actions taken by you or any other user that accesses the Services using your username or password, even if such use was conducted without your authority or permission.

User Generated Content.

For all content you publish on a website or otherwise submit in connection with the use of the Services, including but not limited to photographs, comments, text, video, audio, contest entries and more (“Submissions”), you grant MaineToday a royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to reproduce, distribute, display, publish, use, edit and prepare derivatives of your Submissions. By making a Submission, you are consenting to its public display on the internet and in the Services, and to its use for promotional or commercial purposes, online or offline, without any obligation to compensate you or others. MaineToday has no responsibility for or control over any use or further dissemination thereof. Comments may only be posted through the Facebook Connect feature. For more information, please see the Terms of Use governing comments.

User Conduct.

The Services may be used for lawful purposes only. The contents of the Services are intended for your personal, noncommercial use. Transmission or distribution of any information, data, or material in violation of any applicable local, state, national or international law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; content that consists of or contains software viruses; spam; or material that is obscene, harassing, racially or otherwise objectionable, defamatory, violates the privacy or publicity rights of any third party, or constitutes an illegal threat. You represent and warrant that you own or otherwise have all necessary rights in and to the content you provide. You are solely responsible for the contents of your Submissions. You agree to refrain from using a false email or postal address, impersonating any person or entity, or otherwise misleading as to the source of the Submissions. You agree not to use personal attacks, or hate speech, threats, or comments of a sexual nature.

Submissions may not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing). Any user who believes that any user generated content violates these Terms of Use is encouraged to click the “report” button beside a comment, or contact the webmaster directly. MaineToday shall have the right (but not the obligation) in its sole discretion to refuse or remove any content, including that which violates these Terms of Use or is otherwise objectionable.

Intellectual Property Rights and Restrictions.

You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.

All materials displayed on the Services, including but not limited to text, photographs, images, illustrations, data, graphics, video clips, audio clips and other content (“ Materials”) are owned by MaineToday or its licensors or other affiliates and are protected by copyright, trademark and other laws. MaineToday and its suppliers retain all rights in the Materials, including (without limitation) all patent, trademark, copyright and other proprietary rights worldwide in all media.

You may not: (i) permit others to reproduce, publish, distribute, sell, or otherwise access or use any Materials retrieved from or contained in the Services in any manner whatsoever that may infringe or dilute any copyright or proprietary interest of MaineToday; (ii) distribute the Materials contained in and/on the Services to other users not duly authorized to access the Services; (iii) distribute, rent, sublicense, lease, transfer or assign Materials; (iv) alter, translate, modify, or adapt Materials to create derivative works; or (v) place or install any portion of the Material on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, websites or any other server that is Internet-enabled, without written authorization from MaineToday. Any use of Materials not authorized by these Terms of Use is prohibited and is not a fair use under the U.S. copyright law. Any supplier of any portion of the Materials may enforce its rights against you, even though that supplier is not a party to these Terms of Use. MaineToday reserves the right to suspend or terminate any account if it learns that you have engaged in an act of infringement in connection with the Services.

Email and SMS Alerts.

MaineToday may make available to users various email and short messaging service (“SMS”) alerts (“Alerts”). MaineToday makes no warranty about the accuracy or completeness of Alerts and users should treat Alerts only as a secondary source of information.

Subscription Services.

Certain services may only be available through creation of a subscription account and payment of a fee (“Subscription Services”). You are responsible for maintaining the confidentiality of your username and password and for all usage or activity on your Subscription Services accounts, either by you or any third party. By subscribing to a Subscription Service, you confirm that you are at least 18 years old, and that the information you submit is true, accurate and complete, and that you are an authorized holder of the credit card. MaineToday reserves the right to change the amount of any subscription fee or other charges for Subscription Services effective upon prior notice to you.

Suspension or Termination.

MaineToday is entitled to suspend or terminate your access to the Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees after the termination is effective, however, you will not have other remedies against us, and we will not issue refunds. If you have breached or violated any obligation under these Terms of Use, you will not be entitled to any remedy.

Disclaimers.

You agree that services found within or provided by MAINETODAY and its affiliates are provided “as is” and “with all faults” without warranties of any kind. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Products is done at your own 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 Site contains database information and other content compiled by MAINETODAY and while We use commercially reasonable efforts to provide accurate information, We give no warranty as to the accuracy of the database and other content on the Sites and We reserve the right to withdraw or delete information or content from the Sites at any time. MAINETODAY and its affiliates hereby disclaim all warranties, express or implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non infringement. Specifically, but without limiting the generality of the foregoing, MAINETODAY does not make any warranties regarding the following: (a) availability of the SERVICES at any particular time; (b) accuracy of the content or how current any content is that is found on the sites; (c) transmissions to, from or within the sites; (d) USER GENERATED CONTENT; (e) ALERTS; (F) lack of viruses; (G) FUNCTIONALITY; OR (H) compliance of the software, services and content provided under this Agreement with United States federal or state laws . In no event will mAINETODAY or its affiliates be liable for any indirect, special, incidental, or consequential damages whatsoever, EVEN IF THE MAINETODAY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, USER GENERATED CONTENT, ALERTS OR RSS FEEDS AVAILABLE FROM MAINETODAY.

Indemnification.

You agree to indemnify, defend, and hold harmless MaineToday, its affiliates, and their officers, directors, employees, shareholders, agents, licensors and suppliers from and against all claims, demands, disputes, losses, expenses, damages and ocsts, including reasonable attorneys’ fees and court costs, resulting from any violation of these Terms of Use, your Submissions, or any activity related to your account or your use of the Services (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Services using your account.

Third Party Content.

MaineToday is not responsible for any content sent using and/or included in the Services by any third party. Any opinion, advice, statement, service, offer, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of MaineToday nor its affiliates, nor any of their officers, directors, employees, or agents. MaineToday may provide links to other websites, but does not control any such websites and you access them solely at your own risk. MaineToday does not endorse and is not responsible for the content, advertising, products, privacy practices or other materials available from third party content.

Governing Law.

These Terms of Use and the respective rights and duties of all parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine, without regard to rules governing choice of laws. Any action relating to these Terms of Use must be brought in the state or federal courts within Maine and you irrevocably consent to the jurisdiction of such courts.

General.

You agree that this these Terms of Use constitutes the entire understanding of the parties with respect to the subject matter hereof. MaineToday is entitled to change or terminate all or any portion of the Services at any time, without notice to you. Our failure to act with respect to a breach of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is found to be unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. The Privacy Policy at the MaineToday website and those of third party sites to which you may be referred are part of these Terms of Use and its terms are incorporated herein by this reference, and you confirm that you have read them and agree to them.

Correspondence and Reporting of Violations.

Correspondence should be sent to sbryan@mainetoday.com. You agree to report any copyright violations of these Terms of Use to MaineToday as soon as you become aware of them.