Hudson Reporter Terms of Use

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TERMS OF USE

Last Updated: September 25, 1013

TERMS OF USE

Acceptance of the Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY. This Terms of Use (the “Agreement” or “TOU”) is an agreement between you and Hudson Reporter (“HR” or “we” or “us”) governing, among other things, the conditions under which you may use the website located at “hudsonreporter.com”, the pages located on the subdomains thereof, and all content and functionalities available therein (collectively, the “Site”). The Site contains various information in the form of articles, columns, pictures, graphics, advertisements, and information relating to HR as well as third-party content (collectively, the “Content”). By accessing, browsing, and/or using, in whole or in part, the Site and its Content and functionalities, you acknowledge that you have read, understand and agree to be legally bound by this Agreement. HR reserves the right to amend, remove, or add to the TOU at any time and you agree that HR may do so. Such modifications will be effective immediately upon the revised TOU being posted to the Site. Accordingly, you should continue to review the TOU whenever accessing, linking to, or using the Site. Your continued access, link to, or use of the Site, or any service, Content or functionality on the Site will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not access, link to, or use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOU are expressly rejected by HR and shall be of no force or effect.

With respect to any services or functionalities provided by Matchbin, Inc. (“Matchbin”) in connection with the Site, the rights and obligations of Matchbin and you with respect thereto are set forth at Matchbin.com and you agree to be bound by same.

Intellectual Property Rights

The Site, including, but not limited to the text, Content, photographs, functionalities, video, audio, and graphics (the “Service”), is protected by copyrights, trademarks, and other proprietary rights (including, but not limited to, intellectual property). The copying, redistribution, sale, offer for sale, use or publication by you of any such matters or any part of the Site, except as expressly permitted herein, in strictly prohibited. You do not have any ownership rights to any Content, document, or other material viewed or accessed through the Site.

Trademarks

“Hudson Reporter” and “hudsonreporter.com”, “Hoboken Reporter” and “hobokenreporter.com”, “Jersey City Reporter” and “jerseycityreporter.com”, “Bayonne Community News” and “bayonnecommunitynews.com”, “Weehawken Reporter” and “weehawkenreporter.com”, “Union City Reporter” and “unioncityreporter.com”, “West New York Reporter” and “westnewyorkreporter.com”, “North Bergen Reporter” and “northbergenreporter.com”, “Secaucus Reporter” and “secaucusreporter.com”, “Palisade Magazine” and “palisademagazine.com”, “Jersey City Magazine” and “jerseycitymagazine.com” are trademarks and service marks of the Hudson Reporter (the “HR Trademarks”). All rights to the HR Trademarks are reserved by us. All other trademarks appearing on the Site are the property of their respective owners.

Linking and Framing

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website without our prior written permission. Deep linking to interior pages of the Site is also strictly prohibited without our prior written permission.

Communications with Hudson Reporter

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic transmission. Therefore, we suggest that you use caution when transmitting any information via the Internet. HR expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you so solely at your own risk.

Notice of Copyright Infringement

If you are a copyright owner who believe the Site contains Content that infringes your copyright please provide the information below to your designated agent for claims of copyright infringement:
A detailed description of the copyrighted work that is allegedly infringed upon;
A description of the allegedly infringing material on the Site;
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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our designated agent may be contacted as follows:

Lucha Malato, Co Publisher
The Hudson Reporter
1400 Washington St
Hoboken, NJ 07030
Phone: 201-798-7800
Fax: 201-798-0018
E-mail: webmaster@hudsonreporter.com

DISCLAIMERS

Links to Other Websites The Site may periodically provide links to third-party websites (“Third Party Sites”). This Agreement governs only the Site and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. HR does not control the Third Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on Third Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available to the Third Party Sites. If you decide to access linked Third Party Site, you do so at your own risk. You should direct any concerns regarding any Third Party Sites to the appropriate contact person for the applicable Third Party Site.

Disclaimer of Warranties

YOU ACKNOWLEDGE AN AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF HUDSON REPORTER, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY THE “HUDSON REPORTER PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE HUDSON REPORTER PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THE SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE HUDSON REPORTER PARTIES WARRANTS THAT THE SITE WILL BE PROVIDED OR THAT THE SITE OR ITS SERVER IS OR WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE HUDSON REPORTER PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE SITE. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO AND ALL NECESSARY MAINTENANCE, REPAIR OR CONNECTION OF, THAT HARDWARE AND/OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and/or services online, some or all of which may be provided by Third Parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of such products and/or services. If you make a purchase from a merchant on the Site or on a site linked by the Site, the information obtained during your transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, you should contact such merchant.

You release all Hudson Reporter Parties from any and all damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available through the Site.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, legal purposes only. You also agree not to make any purchases for fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features

The Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms and other public posting areas on the Site, or sent via any email service (including, but not limited to, through the Site), lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using or enjoying the Site;
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt any servers or networks used to provide the Site or its features;
Disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site;
Use the Site to instigate or encourage others to commit illegal activities or cause injury to property or damage to any person;
Gain unauthorized access to the Site or any private areas of the Site, or any account, computer system, or network connected to the Site, by means of hacking, password mining, or other illicit means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions inciting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component; Use the Site to post or transmit any information, software or other material for commercial purposes or that contains advertising; Use the Site to advertise or solicit to anyone to buy products or services, or to make donations of any kind, without our express written approval. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information that we, in our sole discretion, believe necessary to satisfy any law, regulation or government request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of the TOU. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates the TOU or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. Registration

To access certain features of the Site, we may ask you to provide certain demographic or personal information including, but not limited to, your name, address, e-mail address, gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, or to comment on an article, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. Any other use of your information is governed by our Privacy Policy.

Passwords

To use certain features of the Site, you may need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities by you or others that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from the account at the end of each session. We will not be liable for any loss or damage arising from your failure to protect your password or account information.

Classified Advertising

When you submit an advertisement for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. You agree as well that any advertisement you publish on the Site will be published in our newspapers. Submission of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time. Rates and specifications are subject to change.

Real Estate Advertisements: Equal Housing Opportunity

The Federal Fair Housing Act (the “FFHA”) makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these and other factors. We will not knowingly accept advertising that violates the FFHA. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE HUDSON REPORTER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE. IN NO EVENT SHALL ANY OF THE HUDSON REPORTER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST BUSINESS, ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSENQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH OTHER JURISDICTIONS, TO THE EXTENT THEY HAVE JURISDICTION OVER HUDSON REPORTER, THE HUDSON REPORTER PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Indemnification

You agree to indemnify, defend, hold harmless, and make the Hudson Reporter, its affiliates, shareholders, partners, directors, officers, co-branders, subsidiaries, parents, employees and agents, whole for any and all claims, losses liabilities, and expenses (including attorney’s fees) arising directly or indirectly from your use of the Site or any violation of this Agreement.

Dispute Resolution

Any dispute arising out of or in connection with this Agreement or your use of any Content or the Site or your access to or links to the Site shall be resolved by arbitration before a neutral arbitrator administered by the American Arbitration Association in Hudson County, New Jersey, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from a sole arbitrator to parties. Any determination by such arbitration shall be final and conclusively binding and shall not include any damages expressly prohibited in this Agreement. The award of the arbitrator may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the courts of the State of New Jersey or any Federal Court located within New Jersey for any action (i) to compel arbitration; (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. HR reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Hudson Reporter Parties from any and all claims of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the Laws of the State of New Jersey, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation or use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Hudson Reporter. This Agreement contains the entire agreement of the communication between the parties concerning its subject matter.

Hudson Reporter

Privacy Policy Last Updated: September 25, 2013

PRIVACY POLICY

Hudson Reporter (“HR”) is committed to protecting your privacy. This Privacy Policy discloses how we collect, protect, share, and use information gathered about you on our Site.

The Information We Collect

The information we gather falls into two categories: 1) personal information you voluntarily supply when you subscribe, order, complete a survey, register for an online discussion, enter a contest or provide your e-mail address; and 2) tracking information collected as you navigate through the Site.

Use of Information

Unless otherwise specified on the Site, we may sell or share information about you and your computer, mobile or other device, including without limitation your Registration Information and other personally identifiable information, with our subsidiaries, and affiliates and with carefully selected companies who we think may offer services and/or products that may be of interest to you. If you do not wish to receive future commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. (But note that you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile).

We do share information about our audience in aggregate, such as the time the average reader spends on our Site or on a specific page, and which pages have the heaviest traffic.

We may perform statistical analyses of subscribers and their subscribing and purchasing patterns for product development purposes and to generally inform advertisers about the nature of our subscriber base.

We may use demographic and preference information to allow advertising on our Site to be targeted, in aggregate, to the users for whom they are most pertinent.

We contract with other companies to provide services on our behalf, including credit-card and billing processing, shipping, website providers, e-mail distribution, list processing and analytics or promotions management. Such entities may have access to your personal information.

Any information you disclose when posting to a message board, along with your message screen name or ID, becomes public and may be used by HR for online and offline promotional commercial uses in any and all media.

Your Privacy Choices

If, at any time, you prefer not to receive traditional mail or telephone solicitations originated by us, you may choose to opt-out by sending us a short letter expressing your intent to withdraw in writing.

To view and edit your personal information, please visit the appropriate part of our Site. You will only have this option if you have registered as a user or become a member.

How We Use Information We Collect From Cookies

We use session cookies to ensure that your computer displays our Site effectively and to track anonymously the usage of our Site. A session cookie is a small data file which is temporarily stored on your computer’s hard disk or website server and does not collect any personal information. You have the ability to accept or decline cookies using your web browser settings. If you choose to not accept cookies from our Site, you may not be able to take full advantage of certain of its features or to receive some of the services that it provides.

Updates to this policy

The effective date of our most recent privacy policy is indicated at the top of this page. We may change this privacy policy from time to time by updating this page. By using our Site or sending us any personal information after the indicated effective date, you signify your agreement with this policy and you will be deemed to be bound to the policy in effect as of the date of such use.

Consent

By providing personal information to us through our Site, you consent to our use of it as set out in this privacy policy. Revisions to Our Privacy Policy By using our Site you agree to be legally bound by any changes in our privacy policy since you last accessed our Site.

How to Contact Us

For any questions or comments regarding our information or security practices, you may contact us by e-mail at webmaster@hudsonreporter.com or by mail at, The Hudson Reporter 1400 Washington St. Hoboken, New Jersey 07030.