Terms of Service
September 2007 -
These Terms of Service govern your use of CFU-Riverhead. Your use of our site
tells us you have read and agreed to these Terms of Service and our
Privacy Policy. CFU-Riverhead reserves the right to deny access to the site
to any person who violates these Terms of Service.
Copyright. All information, content, services and software displayed on,
transmitted through, or used in connection with CFU-Riverhead, with the
exception of User Content as defined below, including for example news articles,
reviews, directories, guides, text, photographs, images, illustrations, audio
clips, video, html, source and object code, trademarks, logos, and the like
(collectively, the "Content"), as well as its selection and arrangement, is
advertised with permission by advertisers and/or its affiliated companies,
licensors and suppliers. You may use the Content online only, and solely for
your personal, non-commercial use, and you may download or print a single copy
of any portion of the Content solely for your personal, non-commercial use,
provided you do not remove any trademark, copyright or other notice from such
Content. If you operate a Web site and wish to link to CFU-Riverhead , you may
do so provided you agree to cease such link upon request from CFU-Riverhead. No
other use is permitted without prior written permission of CFU-Riverhead. The
permitted use described in this Paragraph is contingent on your compliance at
all times with these Terms of Service.
You may not republish any portion of the Content on any Internet, Intranet or
extranet site or incorporate the Content in any database, compilation, archive
or cache. You may not distribute any Content to others, whether or not for
payment or other consideration, and you may not archive, modify, copy, frame,
cache, reproduce, sell, publish, transmit, display or otherwise use any portion
of the Content. You may not scrape or otherwise copy our Content without
permission. You agree not to decompile, reverse engineer or disassemble any
software or other products or processes accessible through CFU-Riverhead, not to
insert any code or product or manipulate the content of CFU-Riverhead in any way
that affects the user's experience, and not to use any data mining, data
gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these
Terms of Service should be directed to
www.helpouryouthtoday.org In certain cases, you may be able to use
individual stories that appear on CFU-Riverhead through online functionality we
have specifically designated (e.g., to e-mail a story to a friend or to purchase
the rights to reproduce a story for other use). In such cases, we will tell you
directly in the portion of the Content you may use or you will see a link in the
Content itself.
Registration. Registration is not required to view certain Content.
However, you are required to register if you wish to post a comment or upload a
video, or view certain other Content. If you become a Registered Member of
CFU-Riverhead, you accept responsibility for all activities that occur under
your Registration Account. You agree to provide true, accurate, complete, and
correct information at the time of registration, and to promptly update this
information as needed so that it remains true, accurate, complete, and correct.
We reserve the right to terminate your access and use of CFU-Riverhead if
individuals from more than one household access CFU-Riverhead using any single
Registration Account. You are responsible for maintaining the confidentiality of
your password and for restricting access to your computer so others outside your
household may not access CFU-Riverhead using your name in whole or in part
without our permission. If you believe someone has accessed CFU-Riverhead using
your Registration Account and password without your authorization, e-mail us
immediately at www.helpouryouthtoday.org
Use of Information by CFU-Riverhead. You acknowledge, consent and agree
that CFU-Riverhead may preserve and disclose your Registration Account
information and the contents of your online communications if required to do so
by law, or in good faith belief that preservation and/or disclosure is
reasonably necessary for the following purposes: (1) to comply with legal
process, such as a court order, search warrant, or subpoena; (2) to enforce the
terms of this Terms of Service; (3) to render service you request; (4) to
protect the rights or property of CFU-Riverhead, TI, and their third party
suppliers and licensors; or (5) in circumstances that we deem, in our sole
discretion, to pose a threat to the safety of you or others.
User Content Representations and Warranties. By placing material on
CFU-Riverhead, including but not limited to posting content or communications to
any CFU-Riverhead bulletin board, forum, blogspace, message or chat area, or
posting text, images, audio files or other audio-visual content to the site
("User Content"), you represent and warrant: (1) you own or otherwise have all
necessary rights to the User Content you provide and the rights to provide it
under these Terms of Service; and, (2) the User Content will not cause injury to
any person or entity. Using a name other than your own legal name in association
with the submission of User Content is prohibited (except in those specific
areas of CFU-Riverhead that specifically ask for unique, fictitious names).
User Content License. For all User Content you post, upload, or otherwise
make available ("Provide") to CFU-Riverhead, you grant CFU-Riverhead, its
affiliates and related entities, including CFU-Riverhead and its affiliated
newspapers, Web sites, and broadcast stations, a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and fully sub-licensable license to
use, copy, reproduce, distribute, publish, publicly perform, publicly display,
modify, adapt, translate, archive, store, and create derivative works from such
User Content, in any form, format, or medium, of any kind now known or later
developed. Without limiting the generality of the previous sentence, you
authorize TI to share the User Content across all Web sites, newspapers, and
broadcast stations affiliated with CFU-Riverhead Company, to include the User
Content in a searchable format accessible by users of CFU-Riverhead and other TI
Web sites, to place advertisements in close proximity to such User Content, and
to use your name, likeness and any other information in connection with its use
of the material you provide. You waive all moral rights with respect to any User
Content you provide to CFU-Riverhead. You also grant TI the right to use any
material, information, ideas, concepts, know-how or techniques contained in any
communication you provide or otherwise submit to us for any purpose whatsoever,
including but not limited to, commercial purposes, and developing, manufacturing
and marketing commercial products using such information. All rights in this
paragraph are granted without the need for additional compensation of any sort
to you.
User Content Screening and Removal. You acknowledge that CFU-Riverhead
and/or its designees may or may not pre-screen User Content, and shall have the
right (but not the obligation), in their sole discretion, to move, remove,
block, edit, or refuse any User Content for any reason, including without
limitation that such User Content violates these Terms of Service or is
otherwise objectionable.
User Content Assumption of Risk. CFU-Riverhead cannot and does not
monitor or manage all User Content, and does not guarantee the accuracy,
integrity, or quality of User Content. All User Content provided to
CFU-Riverhead is the sole responsibility of the person who provided it. This
means that you are entirely responsible for all User Content that you provide.
To protect your safety, please use your best judgment when using CFU-Riverhead
forums. We discourage divulging personal phone numbers and addresses or other
information that can be used to identify or locate you. You acknowledge and
agree that if you make such disclosures either through posting on any bulletin
board, forum, blogspace, message or chat area, or uploading text, images, audio
files or other audio-visual content, in classified advertising you place or in
other interactive areas, or to third parties in any communication, you do so
fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content
violates any Posting Rule will be made by CFU-Riverhead in its sole discretion
and after we have actual notice of such posting. When you provide User Content,
you agree to the following Posting Rules:
* If the photo or video depicts any children under the age of 13, you affirm
that you have written permission from the child(s) parent or guardian to provide
the photo or video.
Do not provide User Content that:
* contains copyrighted or other proprietary material of any kind without the
express permission of the owner of that material.
* contains vulgar, profane, abusive, racist or hateful language or expressions,
epithets or slurs, text, photographs or illustrations in poor taste,
inflammatory attacks of a personal, racial or religious nature.
* is defamatory, threatening, disparaging, grossly inflammatory, false,
misleading, 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.
* violates any right of CFU-Riverhead or any third party.
* 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.
* violates or encourages the violation of any municipal, state, federal or
international law, rule, regulation or ordinance.
* interferes with any third party(s) uninterrupted use of CFU-Riverhead.
* advertises, promotes or offers to trade any goods or services, except in areas
specifically designated for such purpose.
* uses or attempt to use another's Registration Account, password, service or
system except as expressly permitted by the Terms of Service.
* uploads or transmits viruses or other harmful, disruptive or destructive
files, material or code.
* disrupts, interferes with, or otherwise harms or violates the security of
CFU-Riverhead, or any services, system resources, accounts, passwords, servers
or networks connected to or accessible through CFU-Riverhead or affiliated or
linked sites.
* "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.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT
AUTHORITIES.
Unsolicited Material and Ideas. CFU-Riverhead is not responsible for the
similarity of any of its content or programming in any media to materials or
ideas provided to CFU-Riverhead. You acknowledge and agree that if you send any
unsolicited materials or ideas, you do so with the understanding no additional
consideration of any sort will be provided to you, and you are waiving any claim
against CFU-Riverhead and its affiliates regarding the use of such materials and
ideas, even if material or an idea is used that is or may be substantially
similar to the idea you sent.
Transactions and E-Commerce. During your visit to our site you may elect
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 in
most cases transactions are completed without difficulty, there is no such thing
as perfect 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. CFU-Riverhead cannot
and does not take responsibility for the success or security of transactions
undertaken or processed by third parties.
Errors in Advertisements. On occasion, 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 at an incorrect price or with
incorrect information due to typographical error, technology effort, error in
the date or length of publication, or error in pricing or product information
received from our advertisers or suppliers, you agree CFU-Riverhead is not
responsible for such errors or discrepancies.
Communications with Third Parties Through CFU-Riverhead. Your dealings or
communications through CFU-Riverhead with any party other than CFU-Riverhead are
solely between you and that third party. For example, certain areas of
CFU-Riverhead may allow you to conduct transactions or purchase goods or
services. In most cases, these transactions will be conducted by our third-party
partners and vendors. Under no circumstances will CFU-Riverhead 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 directed
to the third party.
During your visit to CFU-Riverhead you may link to, or view as part of a frame,
certain content that is actually created or hosted by a third party. Because
CFU-Riverhead has no control over third party sites and resources, you
acknowledge and agree that CFU-Riverhead is not responsible for the availability
of external sites or resources, nor for the content, actions, or policies of
those sites. Information you provide on such sites, including personal
information and transactional information, is subject to the terms of service of
those sites.
Notice of Intellectual Property Infringement. In accordance with the
Digital Millennium Copyright Act (DMCA) and other applicable law, it is the
policy of CFU-Riverhead, in
appropriate circumstances, to terminate the Registration Account of a Member who
is deemed to infringe third party intellectual property rights or to remove User
Content that is deemed to be infringing. If you believe that your work has been
copied in a way that constitutes copyright infringement and is displayed on
CFU-Riverhead, please provide substantially the following information to our
Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section
512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that
you claim has been infringed;
3. a description of where the material you claim is infringing is located on the
site (providing us with website URL is the quickest way to help us locate
content quickly);
4. your address, telephone number, and e-mail address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner9;s behalf.
CFU - Riverhead copyright 2007
Counter-Notification for Intellectual Property Infringement. If you elect
to send us a counter-notice in response to a notice of intellectual property
infringement, to be effective it must be a written communication provided to
CFU-Riverhead's designated Copyright Agent (see above for contact information)
that includes substantially the following (please consult your legal counsel or
see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. an electronic or physical signature of the registered user;
2. a description of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled (providing us with a website URL is the
quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you have a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
5. a statement by you that you consent to the jurisdiction of the Federal
District Court for the judicial district in which the address is located, or if
the your address is outside of the United States, for any judicial district in
which CFU-Riverhead may be found, and that the you will accept service of
process from the person who provided notification of intellectual property
infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who
knowingly materially misrepresents that material or activity was removed or
disabled by mistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability. While CFU-Riverhead uses
reasonable efforts 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.
CFU-Riverhead does not represent or warrant that use of any Content will not
infringe rights of third parties. CFU-Riverhead has no responsibility for
actions of third parties or for content provided by others, including User
Content.
USE OF CFU-Riverhead IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND
"AS AVAILABLE." NEITHER TI, CFU-Riverhead, NOR ANY OF THEIR AFFILIATED OR
RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND
REGARDING CFU-Riverhead, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION,
PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH CFU-Riverhead, AND/OR THE RESULTS
THAT MAY BE OBTAINED FROM USE OF CFU-Riverhead 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 CFU-Riverhead WILL MEET YOUR REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.
CFU-Riverhead 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.
CFU-Riverhead CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF
THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CFU-Riverhead DOES NOT REPRESENT OR
ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE
CFU-Riverhead. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR
INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL CFU-Riverhead 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 CFU-Riverhead OR ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT
DAMAGES IN EXCESS OF $15.00 due to the inexpensive nature of the ad placement.
Indemnity. You agree to indemnify, defend and hold harmless CFU-Riverhead
and each of their parent and affiliated companies, and each of their respective
partners, suppliers, licensors, officers, directors, shareholders, employees,
representatives, contractors and agents, and sub-licensees 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 CFU-Riverhead; (2) CFU-Riverhead's and TI's and
CFU-Riverhead Company's use of any User Content or information you provide, as
long as such use is not inconsistent with this Agreement; (3) information or
material provided through your Registration Account, even if not posted by you;
and (4) any violation of this Agreement by you.
International Users. CFU-Riverhead is controlled, operated and
administered by CFU-Riverhead from its offices within the United States.
CFU-Riverhead makes no representation that materials or Content available
through CFU-Riverhead 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 CFU-Riverhead or export the Content in violation of
U.S. export laws and regulations. If you access CFU-Riverhead from a location
outside the United States, you are responsible for compliance with all
applicable laws.
Modifying these Terms. CFU-Riverhead reserves the right to change these
Terms of Service at any time in its discretion and to notify users of any such
changes solely by changing these Terms of Service. Your continued use of
CFU-Riverhead after the posting of any amended Terms of Service shall constitute
your agreement to be bound by any such changes. Your use of this site prior to
the time these Terms of Service were posted will be governed according to the
Terms of Service that applied at the time of your use.
Discontinuation of Service. CFU-Riverhead may modify, suspend,
discontinue or restrict the use of any portion of CFU-Riverhead, including the
availability of any portion of the Content at any time, without notice or
liability. CFU-Riverhead may deny access to any Registered Member or other user
at any time for any reason. In addition, TI or CFU-Riverhead may at any time
transfer rights and obligations under this Agreement to any CFU-Riverhead
Company affiliate, subsidiary or business unit, or any of their affiliated
companies or divisions, or any entity that acquires, CFU-Riverhead or any of
their assets.
Choice of Law. These Terms of Service 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 hereby agree that any cause of action you may
have with respect to CFU-Riverhead must be filed in a federal or state court
located in Suffolk County, New York
Statute of Limitations. You agree to file any claim regarding any aspect
of this site or these Terms of Service within three months of the time in which
the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service
may be brought as a class action.
Severability. If for any reason any provision of this Agreement is 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 Agreement shall continue in full force and
effect.
No Waiver. Any failure of CFU-Riverhead to enforce or exercise any
provision of this Agreement or related right shall not constitute a waiver of
that right or provision.
Section Titles. The section titles used in this Agreement are purely for
convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Agreement 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
CFU-Riverhead, and all other provisions for which survival is equitable or
appropriate.
Conflicts. In the case of a conflict between these terms and the terms of
any electronic or machine readable statement or policy (for example, a P3P
electronic privacy policy), these Terms of Service shall control. Similarly, in
case of a conflict between these terms and our Privacy Policy, these Terms of
Service control.