This site is part of the network of web sites created and operated by North Coast Media, LLC (“NCM”), which are collectively referred to herein as the “Site.” When you choose to use the web service(s) provided on the Site (the “Services”), you are agreeing to all of the terms and conditions of this Agreement between you and NCM.
NCM shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
The Services are not intended for users under the age of 13, and NCM does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
e) NCM may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. NCM may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
2. CONTENT; COPYRIGHTS; TRADEMARKS
a) All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are: Copyright © 2012 North Coast Media, LLC, 1360 East 9th Street, Suite 1070, Cleveland, OH 44114, U.S.A., or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
b) All Content is protected by copyright, and owned or controlled by NCM 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 Site. If you have any questions about whether your Content is protected by copyright and the steps to take to secure a registration of a copyright in your Content you should consult with an attorney. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
c) The Content made available on the Site or in connection with the Services is intended for your personal, noncommercial use. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted.
d) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from NCM.
e) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
f) The Content includes logotypes, trademarks and service marks owned by NCM and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by NCM.
g) Requests to use the Content for any purpose other than as permitted in this Section 2 should be directed to the appropriate NCM publisher; if you are unsure, please contact email@example.com. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Site, please contact us.
3. SUBMISSIONS AND USER-CREATED CONTENT
a) You are solely responsible for the Content you submit to the Site.
c) You acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by NCM, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
d) By submitting Content to the Site, you hereby grant to NCM, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant NCM the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
e) Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
f) You understand and agree that others may use your Content and therefore license all of our present and future site visitors and herby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph g) below.
g) The Content posted by others on our web sites is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make (a) one machine readable copy, (b) on backup copy and (c) one print copy of the pages in the web sites. You acknowledge and agree that all other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
h) Apart from those designated sections of our web sites that provide for user submissions of Content, NCM, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication. NCM, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
4. INTERACTIVE AREAS; POSTING RULES
a) The Site may contain bulletin boards and other such interactive areas, which are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, while we make every effort to be aware of how the Site is being used, we cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
b) We reserve the right, but not the obligation, to monitor all postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of the Services or our Site where we believe that there has been such a misuse. Due to the global nature of the Internet, you hereby agree to comply with any applicable rules regarding the export of any data from any country. Without limiting this right, we have attempted to provide below guidelines to those posting content on our Site. A violation of certain of these posting rules may be referred to law enforcement authorities. When using the Site, please do not post material that:
i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii) violates any right of NCM or any third party; or
iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
viii) uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
x) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
xi) uploads or transmits viruses or other harmful, disruptive or destructive files; or
xii) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
xiii) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
c) Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content.
d) We are not responsible for maintaining your posted Content and we may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.
5. USE OF REGISTRATION DATA
a) Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to register for NCM events, subscribe to NCM publications, or to enter into a sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
c) You agree that any registration data you provide may be shared by NCM with select third party business partners, unless you state a preference not to be contacted. NCM shall inform its partners if you state a preference not to be contacted. However, NCM shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
d) You agree that NCM, its business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (i) you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or (ii) such disclosure is required by law or legal process.
e) This Agreement includes the terms and conditions of the NCM Privacy Statement, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Statement, the terms and conditions of the Privacy Statement shall take precedence.
6. USERNAME AND PASSWORD
In accessing and using various Site features, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify NCM of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. NCM cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NCM’s sole discretion, and NCM may refer you to appropriate law enforcement agencies.
a) The Site may contain links to other related Internet sites, resources, and our sponsors. Your dealings or communications through the Site with any party other than NCM are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
b) If you operate a web site and wish to link to the Site, you may link either to our home page, www.northcoastmedia.net, or to any other page or sub-domain of the Site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
8. REPRESENTATIONS AND WARRANTIES
a) You expressly agree that use of the Site and the Services is at your own risk. Neither NCM, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
b) None of NCM, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
c) NCM is a distributor with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of NCM. N CM does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Site 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.
9. FEES AND PAYMENTS
NCM reserves the right at any time to charge fees for access to portions of the Site or particular Services offered. However, in no event will you be charged for access to these Services unless we obtain your prior agreement to pay such charges. All new fees, if any, will be posted appropriate locations on the Site. 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 charges for any products or services offered for sale through the Site by NCM 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 Service through your account.
10. SOFTWARE LICENSES
a) With respect to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site and the Services provided: (a) you shall have no rights to such software; (b) you may not sublicense, assign or transfer any licenses granted by NCM, and any attempt at such sublicense, assignment or transfer shall be null and void; (c) you may make one copy of such software for archival purposes only; and (d) you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
b) Any software that is made available to download from the Site is the copyrighted work of NCM suppliers. Use of such software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with such software. End users shall not install or use any such software that is accompanied by or includes an end-user license agreement unless the end user first agrees to the license agreement terms. Any such software is not available to users in territories where its distribution is prohibited by law.
11. INTERNATIONAL USERS
The Site is controlled, operated and administered by NCM from its offices within the United States. NCM makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
12. INDEMNITY/LIMITATIONS OF LIABILITY
b) You shall cooperate as fully as reasonably required in the defense of any such claim. NCM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
c) Under no circumstances, including negligence, shall NCM, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that NCM is not liable for any conduct of any user.
d) If you are dissatisfied with any NCM material, or with any of NCM’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
a) NCM may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of this Agreement.
b) Termination of this Agreement for any reason, will not affect survival of those provisions of this Agreement for which survival is equitable or appropriate.
a) This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
b) The failure of NCM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
c) This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts law and operates to the fullest extent permissible by law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the Commonwealth of Massachusetts.
d) Official correspondence must be sent via postal mail to:
North Coast Media, LLC
1360 East 9th Street, Suite 1070
Cleveland, OH 444114
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Contact firstname.lastname@example.org with questions or problems with the Site.
Any rights not expressly granted herein are reserved.
© 2012 North Coast Media, LLC
Revised and Posted As Of July 31, 2012