Terms and Conditions
Thank you for using MedfordNickel.com, the Web site of the Medford Nickel. By
accessing and using MedfordNickel.com (the "Web Site"), you are agreeing to be
legally bound by these Terms and Conditions.
1. General
By using the Web Site, you are representing the
Medford Nickel and the Web Site, that you are at least 18 years old (or the
minimum legal age in the jurisdiction in which you are viewing the Web Site).
You may not use the Web Site for any unlawful purpose. The Medford Nickel may
change any term in these Terms and Conditions at any time. The changes will
appear in these Terms and Conditions, and your use of the Web Site after any
changes have been posted will constitute your agreement to the modified Terms
and Conditions each time you access the Web Site, before you begin using the
Web Site. You may print a copy of these Terms and Conditions for your
reference.
You understand and agree that the Medford
Nickel may discontinue or change the Web Site at any time, without notice. You
also understand and agree that the Medford Nickel may discontinue or restrict
your use of this Web Site for any reason without notice.
2. Copyright and limitations on use
The content displayed on the Web Site ("Content") is the property of The
Medford Nickel or its licensors, and is protected by copyright and other
intellectual property laws. This Web Site and the Content may be used only for
your personal and non-commercial use. You agree not to copy, reproduce,
modify, display, perform, publish, create derivative works from, or store any
Content from the Web Site. You also agree not to distribute, transmit,
broadcast or circulate any Content from the Web Site to anyone, including but
not limited to someone else in the same company or organization, without the
express prior written consent of The Medford Nickel, with this one exception:
You may, on an occasional and irregular
basis, produce, distribute, display or transmit an insubstantial portion of
Content, for a noncommercial purpose and without charge, to a limited number
of individuals, provided you include all copyright and other proprietary
rights and notices with such portion of the Content in the same form in which
the notices appear at the Web Site, the original source of attribution, and
the phrase "Used with permission from The Medford Nickel and MedfordNickel.com,
publications of The Medford Nickel Newspapers, Inc." However, you may not post
any Content from the Web Site to forums, newsgroups, mail lists, electronic
bulletin boards, or other web sites, without the prior written consent of The
Medford Nickel.
You also agree not to provide links to the
Web Site for commercial purposes or to provide links to the Web Site that
bypass the Web Site's home page,
http://www.MedfordNickel.com.
Additional Terms of Use are listed below:
Terms of Use
These Terms of Use were last updated on 6/22/01.
Ottaway Newspapers, Inc., the parent company
of Ottaway Newspaper Group, and its affiliates (collectively referred to as
"Ottaway", "we", "us" or "our", as applicable) provide you access to their
respective web sites (the "Ottaway Web Sites") under the following terms. By
accessing and using the Ottaway Web Sites, you are agreeing to be legally
bound by these Terms of Use.
General
We may change these Terms of Use from time to time. The changes will appear in
these Terms of Use so be sure to check back periodically. Your use of the
Ottaway Web Sites after any changes have been posted will constitute your
agreement to the modified Terms of Use and all of the changes. You understand
and agree that we may discontinue or change the Ottaway Web Sites at any time,
without notice. You also understand and agree that we may discontinue or
restrict your use of the Ottaway Web Sites for any reason without notice.
Copyright And Limitations On Use
The content displayed on the Ottaway Web Sites, including the selection,
arrangement, and design of the content of the Ottaway Web Sites ("Content") is
our or our licensors' property, and is protected by copyright and other
intellectual property laws. You may not modify, copy, reproduce, republish,
upload, post, transmit or distribute in any way any Content including code and
software. You may download Content from the Ottaway Web Sites for your
personal, non-commercial use only, provided you keep intact all copyright and
other proprietary notices and you include the phrase "Used with permission
from Medford Nickel and MedfordNickel.com, publications of Ottaway Newspapers,
Inc." when you display or otherwise use the Content. All rights not expressly
granted herein are hereby reserved.
Lawful Purpose
You may not use the Ottaway Web Sites for any unlawful purpose. You shall not
post or transmit through the Ottaway Web Sites any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, libelous, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, gives rise to
civil liability or otherwise violates any law. Any conduct by you that in our
sole discretion restricts or inhibits any other user of the Ottaway Web Sites
from using or enjoying the Ottaway Web Sites will not be permitted.
Privacy
We are committed to maintaining the privacy of personal information that you
provided to us. Our Privacy Policy is set forth below and by accessing and
using the Ottaway Web Sites, you are agreeing to be legally bound by the
Privacy Policy.
Disclaimer Of Warranties
THE CONTENT AND THE OTTAWAY WEB SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY EXPRESS OR IMPLIED WARRANTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH THE
CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE OTTAWAY
WEB SITES. WE AND OUR AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE
OTTAWAY WEB SITES, OR THE OTTAWAY WEB SITES THEMSELVES, AND WE HEREBY DISCLAIM
ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
Limitation of Liability
NEITHER WE NOR OUR AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE OTTAWAY WEB SITES
CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR CONTINGENCIES BEYOND OUR CONTROL
IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE OTTAWAY WEB
SITES AND THE CONTENT. IN NO EVENT WILL WE, OUR AGENTS OR LICENSORS BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
ON SUCH CONTENT OR ON THE OTTAWAY WEB SITES. WE AND OUR AGENTS AND LICENSORS
SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT
LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES),
OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES,
PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND
EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN
IN EFFECT.
Links to Third Party Sites
The Ottaway Web Sites may contain links to web sites operated by persons other
than us. Those links are provided for your reference and convenience only. A
link from an Ottaway Web Site to another web site does not imply or mean that
we endorse the content on that web site or the operator or operations of that
site. You are solely responsible for determining the extent to which you may
use any content, make any purchases or provided any information at any other
web site to which you might link from the Ottaway Web Sites. You agree not to
hold us responsible for the content or operation of such web sites.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Ottaway Web Sites, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that we are not responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Ottaway
Web Sites.
Public Areas
By submitting any information to the public areas of the Ottaway Web Sites
including but not limited to, chat services, bulletin boards, reviews, letters
to the editor (collectively "Public Areas") you agree to be bound by the
following terms and conditions. If you do not want to be bound by these terms,
then do not use the Public Areas. The Public Areas are free services provided
to users of the Ottaway Web Sites and may be terminated at any time without
notice. Information submitted to the Public Areas and posted by us have been
selected by us in our sole discretion from among the information submitted to
such Public Areas. We have the right to refuse to post or remove, edit or
abridge any message, letter or posting for any reason and to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, all in our sole discretion. You agree to be
fully responsible for your own postings and agree to access and use the Public
Areas at your own risk on an as-is basis. By submitting any information to the
Public Areas, you are granting us a perpetual, royalty-free and irrevocable
right and license to use, reproduce, modify, adapt, publish, translate,
distribute, transmit, publicly display, publicly perform, sublicense, create
derivative works from, transfer, and sell such information and to use your
name and other identifying information you provide in connection with
information. You agree to indemnify and hold us and our affiliates and their
respective officers, directors and employees harmless from any claims,
damages, losses or costs (including reasonable attorney's fees) that arise out
of any of your submissions and postings to the Public Areas and any material
contained therein, including, without limitation, any material posted or
otherwise provided by you that infringes any copyright, trademark, trade
secret, or other intellectual property right of any person or defames any
person or violates any person's rights of publicity or privacy.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
* an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
* a description of the copyrighted work that
you claim has been infringed;
* a description of where the material that
you claim is infringing is located on the site;
* your address, telephone number, and email
address;
* a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
* a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
In the event that you have a claim of
copyright infringement with respect to the Content, we encourage you to
contact Andrew Langhoff Vice President and General Counsel,
By mail at: Ottaway Newspapers PO Box 401
Campbell Hall, NY 10916
By e-mail at: alanghoff@ottaway.com
By phone at: 845-294-8181
By fax at: 845-294-1659
We cannot guarantee that any action will be
taken as a result of your correspondence.
Monitoring
We have the right, but not the obligation, to monitor your use of the Ottaway
Web Sites to determine compliance with this Agreement and any operating rules
established by us and to satisfy any law, regulation, authorized government
request or trade association guideline.
Additional Legal Terms
The laws of the United States of America and the State of New York govern
these Terms of Use, your rights and obligations, and all actions contemplated
by these Terms of Use, as if these Terms of Use were a contract wholly entered
into and wholly performed within the State of New York. Venue is an
appropriate federal or state court located in the State of New York. The
United Nations Convention on Contracts for the International Sale of Goods
does not govern these Terms of Use. If any provision in these Terms of Use is
invalid or unenforceable under applicable law, the remaining provisions will
continue in full force and effect, and the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision. The failure by us to exercise or
enforce any right or provision under the Terms of Use does not constitute a
waiver of such right or provision. You agree to comply with all applicable
laws, statutes, ordinances and regulations concerning your use of the Ottaway
Web Sites. These Terms of Use are the entire and final agreement regarding the
Ottaway Web Sites and its Content, and supersede any prior or contemporaneous
communications between Ottaway and you regarding the Ottaway Web Sites and its
Content. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to the use of the Ottaway
Web Sites must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
All rights reserved. Ottaway Newspapers, Inc.
Copyright (c) 2001.
The Community Newspaper Subsidiary of Dow
Jones & Co. Inc.
Privacy Policy
This privacy policy was last updated on 5/15/03.
Ottaway Newspapers, Inc., the parent company
of Ottaway Newspaper Group, and its affiliates (collectively referred to as
"Ottaway", "we", "us" or "our", as applicable) are committed to maintaining
the privacy of personal information that you provide to us when using their
respective web sites (the "Ottaway Web Sites"). This Privacy Policy describes
how we treat personal information received about you when you visit the
Ottaway Web Sites.
Information Collected
Web Site Usage Information: We automatically collect IP addresses and web site
usage information from you when you visit the Ottaway Web Sites. This
information helps us in evaluating how our visitors use and navigate the
Ottaway Web Sites on an aggregate basis, including the number and frequency of
visitors to each page of the Ottaway Web Sites, and the length of their
visits.
Special Features: When you use some of the
special features of the Ottaway Web Sites and at other times, we may collect
personally identifiable information from you that may include your name, age,
address, e-mail address, credit-card number and facts about your interests and
similar information.
Surveys and Form: We may conduct occasional
online surveys or ask you to fill in forms. For example, when you are within
the Ottaway Web Sites, you may see a pop-up window offering you the optional
opportunity of participating in a survey. These surveys and forms are entirely
voluntary and you may easily decline to participate.
Children: We do not knowingly collect
information from children under the age of 13 although certain third party
sites that we link to may do so. These third-party sites have their own terms
of use and privacy policies and we encourage parents and legal guardians to
monitor their children's Internet usage and to help enforce our Privacy Policy
by instructing their children to never provide information on the Ottaway Web
Sites without their permission.
How We Use Information Collected
We may use information that you provide us in the following ways: * For the
purposes for which you specifically provided the information, for example,
when you request that additional information be sent to you, we will use your
personal information to process your request.
* To send you e-mail notifications about our
new or existing services, special offers, or to otherwise contact you.
* To allow us to personalize the content and
advertising that you and others see based on personal characteristics or
preferences.
* To enhance existing features or develop new
features, products and services.
* To provide advertisers and other third
parties with aggregate information about our user base and usage patterns.
We may combine the information that we
collect from you on the Ottaway Web Sites with information that you provide to
us in connection with your use of our other products, services and web sites.
We use third party network advertisers to
deliver ads to you on our behalf. We may also use third-party service
providers to contact you on our behalf, or facilitate some aspects of our
services or fulfill your requests. These network advertisers and service
providers may be supplied with or have access to your personally identifiable
information solely for the purpose of providing these services to us or on our
behalf.
We may disclose and use personally
identifiable information in special circumstances where it is necessary to
enforce our Terms of Use (for example, when necessary to protect our
intellectual property rights) or when we, in our sole discretion, believe it
is necessary or appropriate, in connection with a sale or transfer of some or
all of our assets in the Ottaway Web Sites. We may also disclose personally
identifiable information when we, in good faith, believe that the law requires
us to do so. As we develop our business, we might sell or buy businesses or
assets. In transactions such as these, customer information is generally one
of the transferred business assets. Moreover, in the unlikely event that we or
one of our publishing lines are acquired, customer information may be one of
the transferred assets.
Except as otherwise set forth in this Privacy
Policy, we will not share your personally identifiable information outside of
Ottaway unless you "opt in" to having your personally identifiable information
shared with a company that is not affiliated with us.
Your Ability to Choose
You can always decide not to provide your personal information to the Ottaway
Web Sites, however in some cases failing to provide such information may limit
your ability to use certain features available at the Ottaway Web Sites. You
can let us know that you do not wish to receive information about special
offers and new products and features by opting out at the time you give us
your personally identifiable information or after opting in by contacting us
at the following e-mail address: gdratelis@ottaway.com.
Cookies
We use cookies to allow you to move quickly through our site, to recognize
repeat visitors and to allow you to take advantage of some of our site's
special features. A cookie is a string of information that is sent by a Web
site and stored on your hard drive or temporarily in your computer's memory.
Cookies are small files (just a few hundred bytes) and should not pose any
significant disk-space concerns. When you visit the Ottaway Web Sites, or use
some of the features, like saving your personalized Ottaway Web Sites
settings, we may pass cookies to your computer. Some of the cookies that we
pass to your computer are long term. Otherwise, we would need to ask you for
certain information with each new session, such as your login information.
Some cookies do expire after a short period of time.
Other cookies that you will receive during
your sessions here are from third-party service providers or third party
network advertisers. These network advertisers may use their own cookies in
order to serve ads on the Ottaway Web Sites, ensuring that you will not see
the same ads over and over again. We are not responsible for the cookies of
such third parties or any use of your personal information collected by such
third parties.
Ottaway Web Sites Ads
When you view an ad for the Ottaway Web Sites on other sites, our third party
advertising company may place or recognize a unique cookie on your browser.
The Ottaway Web Sites and the advertising company may also use invisible
images (often referred to as pixel tags, clear GIFs or web beacons) to note
which Ottaway Web Sites pages you visit after viewing our ads. The information
that is collected through the use of these images is not personally
identifiable and is used only to track responses to our advertising efforts.
Links to Third Party Web Sites
We may make third party content or services from other web sites available to
you from links located on the Ottaway Web Sites. These other web sites are not
subject to this Privacy Policy. We recommend that you review the terms of use
and privacy policy at each such web site to determine how that site protects
your privacy. We are not responsible for the content of those web sites or the
actions of third party web site operators.
Security
The personally identifiable information we collect about you is stored in
limited access servers. We will maintain reasonable safeguards to protect the
security of these servers and your personally identifiable information.
Review and Correction
You can also request to review, change or delete any of your personally
identifiable information held by us by contacting us at the following e-mail
address: gdratelis@ottaway.com.
Exclusions
Any submissions that you make to any public areas of the Ottaway Web Sites
including but not limited to, chat services, bulletin boards, reviews, letters
to the editor (collectively "Public Areas") will be public and will not be
subject to this Privacy Policy. We do not control, and are not responsible
for, the actions of other users of the Ottaway Web Sites with respect to any
information you post in Public Areas. In addition, information that you submit
to Public Areas may be collected and used by us and by others to send you
unsolicited messages and for other purposes.
Policy Modifications
We may change this Privacy Policy from time to time. We will post any changes
here, so be sure to check back periodically.
Comments and Questions
If you have any questions, comments or concerns about our Privacy Policy, you
may contact us by e-mail at alanghoff@ottaway.com or by regular mail at: P.C.
Box 401, Campbell Hall, NY 10916, Attn: Andrew Langhoff.
All rights reserved. Ottaway Newspapers, Inc.
Copyright (c) 2001.
The Community Newspaper Subsidiary of Dow
Jones & Co. Inc.
