Terms of Use

Newburyport.com requires all users and visitors to the www.newburyport.com website (“Site”) to agree to these terms and conditions (“Terms & Conditions” or “Agreement”). Please read this Agreement carefully, and only access the Site if you agree to all of the terms and conditions.

A “Visitor” is an individual that is using or accessing the Site, but has not created a user account, and a “User” is an individual that has created a user account through the Site. The term “Services” is used herein to collectively refer to the various services and functionality offered to Users and Visitors through the Site, as well as the provision of content and promotions through the site.

1. Content

(a) The content, including without limitation, text, images, data, graphics, animation and video are all subject to protection as the intellectual property of Newburyport.com, the Greater Newburyport community and our VIP Sponsors, Partners and Contributors. This content may not be copied, stores, displayed, posted or redistributed, in whole or part, without prior written permission of Newburyport.com authorities.  Any unauthorized modification or use of Newburyport.com content for any purpose violates these Terms of Use regarding intellectual property rights.

(b) By accessing Newburyport you acknowledge responsibility for your submissions, with that you, not Newburyport.com, take full responsibility for submissions including content legality, reliability, appropriateness, originality and copyright.

2. Submissions

All remarks, suggestions, ideas, or other information communicated to Newburyport.com by a Site visitor will forever be propety of Newburyport.com, and not be required to keep these submissions as confidential. With that, Newburyport.com reserves the right to use content from these submission for any commercial use or other purposes without complesantion to any person sending a submission.

3. Notice and Takedown Procedures; Copyright Agent

(a) If you believe any materials accessible on or from the Site infringe your copyright rights, you may request removal of such content by reaching out to our Support team. Please describe the work and include a copy of its location by providing a url or other relevant information that will allow our team to best locate the material. Lastly, please include a statement that the information have you supplied is accurate, indicating “under penalty or perjury,” you are the copyright owner, or authorized to act on behalf of the content owner’s behalf in order for action to be taken. This statement must include a signature or electronic equivalent from the copyright owner. If you fail to comply with the requirements in the section your Notice of Takedown may not be valid.

4. Proper Use

(a) You agree that you are responsible for your own use of Newburyport.com and our services, using the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

(b) The following additional content restrictions apply to the Site:

(i) You may not use the Site or Services to promote adult content;

(ii) You may not post images, video or textual content that depicts or encourages incest or bestiality;

(iii) You may not use the Site or Services to post any content that exploits children, including, without limitation, child pornography or pedophilia (violation of this Section 4(b)(iii) will be reported to law enforcement);

(iv) You may not use the Site or Services to post content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

(v) You may not use the Site or Services to threaten other people, including posting death threats or other content encouraging others to take violent action against another person or group of people.

(vi) You may not use the Site or Services to post content that violates the copyright rights, rights of privacy or other proprietary or intellectual property rights of a third party;

(vii) You may not use the Site or Services to post another person’s personal and confidential information, including, without limitation, their credit card numbers, Social Security numbers, unlisted phone numbers, and/or driver’s license numbers, without their express permission.

(viii) You may not use the Site or Services to impersonate others or attempt mislead or confuse readers by pretending to be someone else or pretending to represent someone or an organization when you don’t.

(ix) You may not use the Site or Services in illegal activities or to promote dangerous and illegal activities. For example, don’t author a blog encouraging people to drink while operating a boat. Otherwise, we may delete your content. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.

(x) You may not use Newburyport.com to transmit viruses or other malicious code, cause pop-ups, attempt to install software without another user’s consent, or otherwise impact other Visitors with malicious code.

(xi) If you violate the terms of this Section 4, Newburyport.com, in its sole discretion, may do one or more of the following: disable your access to your account, report you to law enforcement; immediately terminate this Agreement and your right to use the Site and Services, delete content posted to your account, and may subject you to state and federal penalties and other legal consequences.

5. Newburyport.com Content

(a) Newburyport.com may change content regularly without notice. The content provided is “as is” without warranty of any kind. With that, Newburyport.com does not wattant that the Site, its functions and/or services will be error free or void of defects, or that the hardware or software for the Site will perform without interuption.

(b) By accessing the Site and our Newburyport.com Services, you agree that Newburyport.com (including its agents, officers, dorectors and employees) are not liable to you for damages of any kind and that you will hold Newburyport.com liable for any claim or allegation, directly or indirectly. Termination will be the exclusive remedy in the event of any such violation or breach of these Terms and Conditions.

c) Any claims or cause of action must be filed within one year, or be forever barred.

6. Miscellaneous

(a) Newburyport.com can revise these Terms & Conditions at any time by updating this posting. The Site may be linked to other sites, which are not maintained by Newburyport.com, for which Newburyport.com is not responsibile.

(b) The Division’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of the Division’s right to comply with law enforcement requests or requirements relating to your use of the Newburyport.com, or our Site content. This includes Submissions you have made, or information provided to or gathered by Newburyport.com with respect to such use.

(c) There may be occasions when the Newburyport.com obtains personally identifiable information to provide you with correspondence or otherwise. However, Newburyport.com only gathers names, addresses, e-mail addresses, etc., when you voluntarily submit the same. Such personally identifiable information is used solely by Newburyport.com and is not sold, transferred or otherwise disseminated to third parties.

(d) This Agreement and the Privacy Policy constitute the entire agreement between you and Newburyport.com with respect to the Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Newburyport.com with respect to the Site. No modification of this Agreement shall be effective unless it is authored by the Division, or unless it is physically executed in blue ink by an authorized officer or manager of Newburyport.com. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Newburyport.com in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of or accessing of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Newburyport.com in printed form.

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