The New Jersey Herald - Terms of Use

Terms of Website Use

New Jersey Herald

Terms of Website Use

Updated - January 18, 2005

Welcome to NJHerald.com - The New Jersey Herald Online!

The following Terms of Website Use govern your use of njherald.com. Your use of this site indicates that you have read and agreed to these Terms of Website Use and to our Privacy Policy. The New Jersey Herald, LLC ("NJH") operates njherald.com and reserves the right to terminate any membership and deny access to this site to anyone who violates these Terms of Website Use. NJH may change, add, or remove portions of these Terms of Website Use at any time and to notify users of any such changes solely by changing the provisions of the Terms of Website Use. Your continued use of this website after the posting of any amendment to the Terms of Website Use shall constitute your agreement to be bound by any such changes.

Copyright Notice
All materials contained on njherald.com (including, but not limited to text, content, photographs, video and audio) are protected by United States copyright law and may not be published, broadcast, reproduced, distributed, transmitted or displayed without the prior written permission of NJH. To request permission to reproduce, distribute, transmit, display, publish or broadcast materials from njherald.com, see the contacts listed below for reprint permission.

You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download material from njherald.com for your personal, noncommercial use and you may download or print a single copy of any portion of the content on this site. You may not distribute any part of this service over any network, including a local area network, nor sell or offer it for sale. Further, the files and information contained on this site may not be used to construct any type of database.

Copyrighted Usage/Reprint Policy
Articles, editorials, graphics and photos that appear on njherald.com are copyrighted by NJH. They may not be reproduced, republished, retransmitted or redistributed, in print or electronically, without prior written permission and payment of applicable fees. NJH does not hold the copyright for material generated from freelance writers/photographers, the Associated Press or other wire services.

To request permission to use copyrighted materials, send your request in writing to General Manager, New Jersey Herald, P.O. Box 10, Newton, NJ 07860 or via email to webmaster@njherald.com. Requests must include:

Author/photographer name
Headline/photo caption
General subject matter of the article/photo
Date published in The New Jersey Herald or on njherald.com
Detailed explanation of the use of the copyrighted material
Contact information where you can be reached if we renewre additional information.

Copyright Complaints
NJH respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement or are aware of any infringing material on njherald.com, please contact us at the address listed under the heading "Contact Us."

User-Provided Content
By providing information to or placing material on njherald.com you represent and warrant that: (a) all information you provide is true, accurate, current and complete, and does not violate these Terms of Website Use; (b) you own or have the necessary rights to the content you provide and the rights to use it as provided in this Terms of Website Use; and, (c) the content will not cause injury to any person or entity. You may not use a name other than your own legal name when submitting content to this website (except in those specific areas of njherald.com that specifically allow unique, fictitious names, e.g., certain message boards and chat rooms).

For all information and material you provide to njherald.com, you grant NJH, and its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the foregoing, you also authorize NJH to use your name and any other information in connection with the use of the material you provide. In addition, you also grant NJH the right to use any material, information, ideas, concepts or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. The rights in this paragraph are granted without the need for compensation of any sort to you. By submitting information to or placing material on njherald.com, you are waiving any claim against NJH and its affiliates regarding the use of such information, materials or ideas.

Transactions on our site.
While at njherald.com you may decide to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While most transactions are completed without any problems, there is no such thing as "total security" on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. NJH cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

It is possible that a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed with incorrect information due to typographical error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that NJH is not responsible for such errors or discrepancies.

Other Site Areas (Message Boards, Chat Areas, posting of classified or other advertising, etc.). njherald.com bulletin boards, chat rooms and other interactive areas are provided to give users a forum to share information and express opinions. njherald.com and NJH cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect yourself, use your best judgment when using these portions of the site. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. NJH reserves the right to delete, move or edit any communications at any time, for any reason, but has no obligation to review or remove any such content.

Posting Rules
You shall not upload to, or distribute or otherwise publish on the message boards, chat rooms, etc. any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
1) Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
2) Use respectful language. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the site.
3) Debate, but do not attack. NJH encourages active discussions and welcomes heated debate on our site. However, personal attacks are a direct violation of these Terms of Website Use and are grounds for immediate and permanent suspension of access to all or part of the site.
4) The message boards, chat rooms, etc. shall be used only in a noncommercial manner. You shall not, without the express approval of njherald.com and NJH distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

WARNING: A VIOLATION OF THE FOREGOING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through njherald.com
Your dealings or communications through njherald.com with any party other than njherald.com or NJH are solely between you and that third party. Certain areas of njherald.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by third-party vendors. Under no circumstances will njherald.com or NJH 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 them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. While at njherald.com, you may be able to access information, Web sites, advertisements, contests or sweepstakes offered by other parties. NJH and njherald.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitation of Liability
While NJH and njherald.com strive to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. NJH does not represent or warrant that use of any content will not infringe rights of third parties. NJH has no responsibility for actions of third parties or for content provided or posted by others.

USE OF njherald.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS." NEITHER NJH NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING njherald.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH njherald.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF njherald.com OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES njherald.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NJH AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

njherald.com AND NJH DO NOT WARRANT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH njherald.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL NJH OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO 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. IN NO EVENT SHALL NJH OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NJH AND NJHERALD.COM, NJH'S PARENT AND AFFILIATED COMPANIES, AND EACH OF NJH'S PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF NJHERALD.COM; (2) NJHERALD.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users
njherald.com is controlled, operated and administered by NJH from its offices in the United States. NJH makes no representation that materials or content available through njherald.com 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 njherald.com or export the content in violation of U.S. export laws and regulations. If you access njherald.com from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous
NJH may modify, suspend, discontinue or restrict the use of any portion of njherald.com, including the availability of any portion of the content at any time, without notice or liability. NJH may deny access to any person or user at any time for any reason. In addition, NJH or njherald.com may at any time transfer rights and obligations under the Terms of Website Use to any NJH affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acnewres NJH, njherald.com or any of their assets.

These Terms of Website Use will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You agree that any cause of action you may have with respect to njherald.com must be filed in the United States District Court for the District of New Jersey or the Superior Court of New Jersey, Sussex County within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of these Terms of Website Use are found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Website Use shall continue in full force and effect. Any failure of njherald.com to enforce or exercise any provision of these Terms of Website Use or related right shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Website Use for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content, the license(s) you have granted to njherald.com and NJH, and all other provisions for which survival is enewtable or appropriate.

The New Jersey Herald
c/o General Manager
P.O. Box 10
Newton, NJ 07860

Or
webmaster@njherald.com