Web site terms
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the rutlandherald.com site and/or the Rutland Herald e-Edition, and/or the New England Business Journals e-Edition, including but not limited to RSS feeds, databases and APIs (individually and collectively the "Internet Service"), you will be agreeing to abide by all of the terms and conditions of this Subscriber Agreement (the “Agreement”) between you and the Herald Association, Inc., a Vermont corporation (the “Herald”).
1.2 The Herald may change, amend or modify portions of this Agreement at any time, which shall become effective immediately upon posting on the Internet Service. It is your responsibility to review these Terms of Service set forth in the Agreement prior to each use of the Internet Service and by continuing to use this Internet Service, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE AMENDMENTS, CHANGES OR MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: email@example.com (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE INTERNET SERVICE 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.
1.4 The Herald may change, suspend or discontinue any aspect of the Internet Service at any time, including the availability of any Internet Service feature, database, or content. The Herald may also impose limits on certain features and services or restrict your access to parts or all of the Internet Service without notice or liability.
2. THE HERALD CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Internet Service are intended for your personal, noncommercial use. All materials published on the Internet Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, collectively known as the "Content") are protected by copyright, and owned or controlled by The Herald, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Internet Service. Under no circumstances may the Content be used for commercial or business purposes.
2.2 The Internet Service and the Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Internet Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Internet Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from the Herald, or the copyright holder identified in the copyright notice contained in the Content.
2.4 Certain Content is furnished by the Associated Press and Reuters, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3. USER-GENERATED CONTENT (SUBMISSIONS INCLUDING FORUM POSTS, COMMENTS, REVIEWS AND MORE)
3.1 Certain Content is provided by users of the site. You acknowledge that any submissions you make to the Internet Service (i.e. user-generated content including but not limited to: comments, forum messages, reviews, text, shared activities, video, audio and photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted and displayed by the Herald, and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You represent and warrant that you own or have all necessary rights to the Submissions, and that the information you provide is true and accurate.
3.2 You grant the Herald and associated newspapers a perpetual, nonexclusive, royalty free, sublicensable license to the Submissions to use, reprint, market, display, modify, copy and create derivative works across any media or technology existing now or in the future. You also grant the Herald, the right to use any ideas, concepts or techniques contained in the Submission you provide us for any purpose including, but not limited to, developing and marketing products that use such Submission without the need for compensation.
3.3 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
3.4 You shall not upload to, or distribute or otherwise publish on the Internet Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.5 You agree to abide by the following rules when using the Internet Service.
3.5 (a) Be courteous. You agree that you will not threaten or verbally abuse other subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.5 (b) Use respectful language. Like any community, the Internet Service flourishes only when our subscribers feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Internet Service.
3.5 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. The Herald encourages active discussions and welcomes heated debate in our Internet Service. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Internet Service.
3.6 The Internet Service shall be used only in a noncommercial manner. You shall not, without the express approval of The Herald, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.7 You are solely responsible for the content of your Submissions. However, while The Herald does not and cannot review every Submission posted by you on the Internet Service and is not responsible for the content of these Submissions, The Herald reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.8 VIOLATIONS OF THE SUBMISSIONS POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT.
3.9 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by The Herald and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
4. ACCESS AND AVAILABILITY OF INTERNET SERVICE AND LINKS
4.1 The Herald contains links to other related World Wide Web Internet sites, resources, and sponsors. Since The Herald is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby agree to indemnify, defend and hold harmless The Herald and all of their officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising or claimed to arise out of any breach by you or any user of your account, this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Herald reserves the right, at its own expense, to assume the exclusive defense at your cost and control of any matter subject to indemnification by you.
5.2 The Herald does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Internet Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE INTERNET SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE INTERNET SERVICE IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration process, you will select a password and a member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member ID of another person with the intent to impersonate that person; (ii) use a member ID in which another person has rights without such person's authorization; or (iii) use a member ID that The Herald, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Herald.
6.2 (a) You shall notify webmaster@Rutlandherald.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 13 years or older to subscribe to the Internet Service; however, persons of all ages may use it. Thus, you may share your password and subscriber ID with others, subject to Section 6.4.
6.4 You are responsible for all usage or activity on your The Herald account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at The Herald's sole discretion, and The Herald may refer you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1. The Herald reserves the right at any time to charge fees for access to portions of the Internet Service or the Internet Service as a whole. The access to portions of the Internet Service may be available to you by payment of a separate fee for each portion of a combined fee for a number of portions of the Internet Service. You must select the portions of the Internet Service that you want and agree to pay for. However, in no event will you be charged for access to the Internet Service or a portion of the Internet Service unless we obtain your prior agreement to pay such charges. Thus, if at any time The Herald requires a fee for portions of the Internet Service that are now free (e.g., a domestic subscription fee), The Herald will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and in other appropriate locations on the Internet Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Internet Service by The Herald or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Internet Service through your account.
8. COMMUNICATIONS BETWEEN THE HERALD AND SUBSCRIBERS
8.1 If you indicate on your registration form that you want to receive such information, The Herald, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 The Herald Association, Inc. reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Internet Service. If you do not want to receive email from The Herald please contact the webmaster.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Internet Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by The Herald, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10.1 You may terminate your account at any time by logging into your account at:
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 all charges incurred up to the time the account is deactivated.
10.2 The Herald may, in its sole discretion, terminate or suspend your access to all or part of the Internet Service for any reason, including, without limitation, breach or assignment of this Agreement.
11.1 This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Vermont, without resort to principles of conflicts of laws. Any action to enforce this Agreement shall be brought in the federal or state courts located in Rutland County, Vermont.
11.3 Correspondence should be sent to help@Rutlandherald.com.
11.4 You agree to report any copyright violations of this Agreement to The Herald as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in The Herald Internet Service, please notify copyrights@Rutlandherald.com. (Please direct all general questions to help@Rutlandherald.com).