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These Terms of Use were last updated on 03/21/07.
The Greenfield Recorder, the publishers of The Greenfield Recorder, and its affiliates (collectively referred to as "Recorder", "we", "us" or "our", as applicable) provide you access to their respective web sites under the following terms. By accessing and using the Recorder 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 Recorder 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 Recorder Web Sites at any time, without notice. You also understand and agree that we may discontinue or restrict your use of the Recorder Web Sites for any reason without notice.
Copyright And Limitations On Use
The content displayed on the Recorder Web Sites, including the selection, arrangement, and design of the content of the Recorder 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 Recorder 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 the Greenfield Recorder" where the words "Greenfield Recorder" act as a hyper link to http://www.recorder.com when you display or otherwise use the Content. All rights not expressly granted herein are hereby reserved.
Lawful Purpose
You may not use the Greenfield Recorder Web Sites for any unlawful purpose. You shall not post or transmit through the Recorder 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 Recorder Web Sites from using or enjoying the Recorder 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 at here, and by accessing and using the Recorder Web Sites, you are agreeing to be legally bound by the Privacy Policy.
Disclaimer Of Warranties
THE CONTENT AND THE RECORDER 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 RECORDER 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 RECORDER WEB SITES, OR THE RECORDER 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 RECORDER WEB SITES CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR CONTINGENCIES BEYOND OUR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE RECORDER 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 RECORDER 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 Recorder 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 the Recorder Web Sites 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 Recorder 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 Recorder 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 be 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 Recorder Web Sites.
Public Areas
By submitting any information to the public areas of the Recorder Web Sites including but not limited to, chat services, comments, 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 Recorder 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:
In the event that you have a claim of copyright infringement with respect to the Content, we encourage you to contact our Copyright Agent Gerard F. LeBlanc,
By mail at: Daily Hampshire Gazette, 115 Conz St., Northampton, MA, 01060
By e-mail at: director@gazettenet.com
By phone at: 413 - 585-5295
By fax at: 413 - 585-5222
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 Recorder 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 Massachusetts 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 Massachusetts. Venue is an appropriate federal or state court located in the State of Massachusetts. 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 Recorder Web Sites. These terms of use are the entire and final agreement regarding the Recorder Web Sites and its Content, and supersede any prior or contemporaneous communications between the Recorder and you regarding the Recorder Web Sites and thier 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 Recorder Web Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Article Comment Terms of Use
Article Comments are posted to encourage the open discussion of public issues affecting the communities of the Pioneer Valley. While we cannot actively monitor the contents of individual postings, we request that all visitors limit their remarks to areas of public interest and to refrain from using the names of private citizens not in the public eye.
While we do not regularly monitor the discussion areas, we encourage visitors to contact us about any posting they find objectionable. We reserve the right to remove any posting for any reason. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
To discourage abuse, we have enabled a system that allows us to track individual users submitting posts to the article comment feature. The Recorder reserves the right to ban access to any computer violating this terms-of-use policy. The Recorder will not release tracking information except under a court order.
Messages express the views of the author of the message, not necessarily the views of the Recorder. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.
Readers who find an objectionable posting are encouraged to report it to the webmaster.
You agree, through your use of this service, that you will not use the Article Comment feature to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by the Recorder.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Recorder with respect to any claim based upon transmission of your message(s).
As a condition of access to this site, you also agree to hold the Recorder harmless for any posting made by others.
Please note that advertisements, political endorsements, chain letters, pyramid schemes, and solicitations are inappropriate article comments.
All rights reserved. The Greenfield Recorder Copyright © 2008.
This privacy policy was last updated on 03/21/07.
This policy describes how the web sites maintained by the Greenfield Recorder, including recorder.com, collect and utilize users' personal identifiable information. This policy is part of the Recorder Terms of Use.
We will not intentionally disclose a user's personal identifiable information to a third party without the user's express permission, except as provided for herein.
Cookies
Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows.
Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user.
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 Recorder Web Sites without their permission.
"Send this article to a friend"
Users can forward a news story to someone else by clicking the link near the top of a story. The user must provide his email address to tell the recipient who sent the story. Users can also choose to include a message. None of this information is used for any other purpose.
Contests
Recorder.com may conduct surveys or offer contests in which participants must register. Required information may include name and email address. Sometimes more information may be required. The rules and terms of each contest can vary. Contests are often run in partnership with advertisers or businesses and registration information may be shared with those parties.
Subscribing to the paper, buying a photo and/or placing a classified ad
Personal information, including credit card numbers, is required to complete many of these transactions. The information is maintained in databases offline by the individual departments, and may be shared with third parties to the extent required to complete requested transactions.
Third Parties
Often, advertisers will employ a third-party service provider other than Recorder.com for serving the advertisements and for tracking the performance of an ad program. These companies may employ cookies and other technology to measure and improve the effectiveness of ads for their client.
These companies may collect and use anonymous information about your visits to our member websites and other websites.
The information collected can include: date/time of your visit, the banner ad that was shown, their cookie, your IP address, the URLs of sites you visit This information can also be used for online preference marketing purposes.
In these instances, Recorder.com has no control over the information collected by the third-party, and may not be held responsible for the actions of the third-party measurement service where collected information is concerned.
If you want to prevent a third-party advertiser from setting and/or reading cookies on your computer, you may either visit each ad server's web site individually and opt out or you may visit the Network Advertising
Initiative's ("NAI") site to opt-out of many of the third-party advertising companies' cookies. Click here for the NAI gateway opt-out site.
Other circumstances
We may disclose and use personally identifiable information in special circumstances where it is necessary to en-force our Terms of Use (for example, when necessary to protect our intellectual property rights). We may also dis-close personally identifiable information when we, in good faith, believe that the law requires us to do so. In the development of 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.
Exclusions
Any information that you submit to any public areas of the Recorder Web Sites including, but not limited to, comments areas, bulletin boards, reviews and letters to the editor ("Public Areas") will be public and will not come under the provisions of this Privacy Policy. We do not control, and are not responsible for, the actions of other users of the Recorder Web Sites with respect to any information you post in Public Areas. In addition, information that you sub-mit to Public Areas may be collected and used by us and by others to send you unsolicited messages and for other purposes.
Changes
We may change our Privacy Policy from time to time. Any changes will be posted here; you may wish to check this page regularly.