Access and Use of the Services.
User Generated Content.
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.
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.
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.
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.
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.
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.
Correspondence and Reporting of Violations.