TERMS OF USE

Written by Webmaster
Monday, 05 April 2010 17:47

WEB SITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the web sites operated by Westborough Online and certain of Westborough Online’s subsidiaries, including Westborough.com (the "web site").

USER AGREEMENT

BY USING THIS WEB SITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEB SITE. Your use of this web site is contingent on the foregoing agreement, and if you do not agree, you must cease using the web site. Your electronic acceptance of these Terms of Use and other posted policies through your use of this web site shall have the same force and effect as if you had actually signed an agreement embodying these terms. Westborough Online may change these Terms of Use at any time by posting changes on this page of the web site. It is your responsibility to review these Terms of Use prior to each use of the web site. By continuing to use the web site, you agree to any such changes.

WEB SITE AND CONTENT

Web Site Availability

We may change, suspend or discontinue availability of any aspect of the web site at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire web site without notice or liability.

In addition, the web site contains links to other Internet sites, resources, and sponsors or advertisers on the web site. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other web site to the site administrator or webmaster of such site.

Trademarks

Westborough.com and other Westborough.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Westborough Online in the U.S. and/or other countries. Westborough Online's trademarks and trade dress may not be used in connection with any product or service that is not Westborough Online's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Westborough Online. All other trademarks not owned by Westborough Online that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Westborough Online.

Copyright

All content on the web site is protected by copyright, and owned or controlled by Westborough Online, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the web site.

Personal Non-Commercial Use

This web site is for your personal and noncommercial use only. This web site uses the Creative Commons licensing standards (www.creativecommons.org). By using this web site, you agree to be bound by the Creative Commons license associated with this web site. The terms of the license are available through a link located at the bottom of each page of the web site. You may download or copy the content on this web site for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from Westborough Online (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines

The web site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the web site, or by Westborough Online or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the web site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The web site also contains advertisements by third parties. Unless otherwise specifically stated on the web site, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the web site.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the web site (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the web site, (2) no “scraping” of the content by any means (i.e., extracting content from the web site and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you "frame" the web site or any of its content or copy portions of the web site to a server, except as part of an Internet service provider's incidental caching of pages and (4) each page within the web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the web site. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below).

Search engines and indexing agents are required to obey the Robots.txt file relating to the web site and its contents.

Commercial Transactions

Certain portions of the web site may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the web site is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The web site has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations or Warranties

Westborough Online and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the web site, including without limitation any content submitted by any user (see Legal Terms below).

 

USER CREATED CONTENT

Submissions

You must be at least 13 years old to contribute content to this web site.

By submitting any material (text, photos, videos or other content) to Westborough Online either through the web site or physical delivery, you agree to be bound by these Terms of Use, and to the terms of the web site’s Creative Commons license as to other users of the web site. The Creative Commons license terms are available through the link in the footer of the web site and may be updated at any time. It is your responsibility to review and understand these terms at the time of your submission. Under this Creative Commons license, you retain copyright ownership, but agree to free, non-commercial redistribution and use of your content by other users, and to the license to Westborough Online and its affiliates as described below.

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to Westborough Online and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Westborough Online has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.

Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the web site. For all content provided by you, you agree to indemnify Westborough Online and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity.

You agree not to submit any content in any forums, chats, emails or otherwise that:

  • is libelous, defamatory, obscene, pornographic, or otherwise illegal;
  • is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
  • abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
  • infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
  • impersonates another person or misquotes another person
  • violates any applicable law, or violates any party’s rights; or
  • offers or advertises any goods, or services or solicits any funds or consideration.

In addition, you agree not to contact any users of the web site (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the web site.

You are solely responsible for the content you submit. Westborough Online does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in Westborough Online’s sole discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by Westborough Online in its sole discretion. If you disagree with these conditions, do not submit any content.

Identity and Privacy

 

You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.

Westborough Online does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.

For information on our privacy policies regarding personal information gathered on the web site, please see our Privacy Policy link at the bottom of the page.

 

Real-world Meetings

The web site offers some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the web site will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the web site, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the web site. If you do provide this information on the web site or to a third party who you met through the web site, it is at your sole risk. In addition, if you choose to submit content to the web site in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.

 

WEB SITE REGISTRATION

Registration

Some areas of the web site may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

Termination

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

  • Violations of these Terms of Use
  • Violations of other posted rules of conduct
  • Violations of law or intellectual property rights
  • Harassment or belittling conduct toward individuals, companies or other third parties
  • An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules
  • Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation.
  • Failure to provide real, verifiable information about your true identity where requested or instructed

Termination of a user’s account may include any of the following actions:

  • A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither Westborough Online nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
  • User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither Westborough Online nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of Westborough Online. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and Westborough Online will determine in its sole discretion whether to reinstate. Users may also appeal account termination by writing to:

Webmaster/Accounts Inquiry
Westborough Online
42 Adams St
Westborough, MA 01581

When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that Westborough Online will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

 

LEGAL TERMS

No Representations or Warranties as to Web Site

THE WEB SITE AND ALL CONTENT PROVIDED BY WESTBOROUGH ONLINE OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS" BASIS. WESTBOROUGH ONLINE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE web site (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE web site) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY WESTBOROUGH ONLINE AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY WESTBOROUGH ONLINE, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WESTBOROUGH ONLINE OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEB SITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEB SITE, OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEB SITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WESTBOROUGH ONLINE AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEB SITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEB SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM WESTBOROUGH ONLINE OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnity

You agree at your expense to indemnify and hold harmless, Westborough Online and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of the web site; (b) the web site’s or Westborough Online or its affiliates’ use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively “Claims”).

Westborough Online reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

Governing Law and Venue.

The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Massachusetts law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in Worcester, and you hereby waive any objections to such action. Any cause of action you may have with respect to the web site or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability; Waiver.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations.

Users are prohibited from uploading, posting or otherwise transmitting on the web site any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the web site infringes upon any copyright which you own or control, please notify us at copyrights@westborough.com. (Please direct all general questions to webmaster@westborough.com)

CONTACT US

General Questions:

If you have any questions about these Terms of Use, please contact us in one of the following ways:

  1. E-mail us at: webmaster@westborough.com and insert only the words “INQUIRY: Terms of Use” in the subject line header of the email.
  2. Write to us at:
    Webmaster, Westborough.com
    Westborough Online
    42 Adams St 
    Westborough, MA 01581

    FAX: 866-677-7915
  3. Call us at: (508) 523-5093 and ask for the Westborough.com Webmaster

Copyright violations

E-mail us at: copyrights@westborough.com and insert only the words “INQUIRY: Copyright Violation” in the subject line header of the email.

Last revised: 3 June 2010


Last Updated on Thursday, 03 June 2010 08:41