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Before you use EastBayRI.com, please read the following terms carefully because
the owner of this web site makes it available to you solely in accordance with
the terms listed below. By accessing and using this web site, you are agreeing
to be bound by each of the terms listed below. The terms upon which EastBayRI.com
is made available to you may change from time to time, which means that you should
read the terms carefully every time that you access and use the site. The owner
of this site will deem you to have agreed to whichever terms of use are in effect
at the time that you access and use the site. If you do not agree to be bound
by one or more of the terms of use, please do not use the site.
1. Reproduction
or distribution of the contents of EastBayRI.com.
The Phoenix-Times Publishing Company, called East Bay Newspapers in these terms
of use, owns and operates the web site EastBayRI.com. For purposes of these
terms, this site may be referred to as 'the Site'. You may not copy, reproduce,
upload,
post, transmit, or distribute (or facilitate someone else in copying, reproducing,
uploading, posting, transmitting, or distributing) any part of the contents
placed by East Bay Newspapers on the Site for any purpose other than individual
viewing
of the Site, unless you receive the advance, express written consent of East
Bay Newspapers. That includes using in any manner any portion of those contents
in messages that advocate the election or re-election of a person for public
or private office.
You may download or print one copy of some or all of the
downloadable contents displayed on the Site, for personal non-commercial home
use only, but only
if you keep intact all copyright and other notices contained in the contents.
Any
modification of the contents, or use of the contents, for any other purpose
will violate East Bay Newspapers' copyright and other proprietary rights.
Any
use of the contents of the Site via any other web site or other networked computer
environment is prohibited.
Nothing contained on the Site intends to grant an
implied or express license or right to use anything contained on the Site except
as expressly set forth
in these Terms of Use. Any other use is strictly prohibited.
2. Linked sites.
East Bay Newspapers has no control over, and is not responsible for, the terms
of use, privacy policy, or content of any sites that may be linked to the Site.
Those links are provided for your convenience only.
3. Submissions - granting
a license to East Bay Newspapers.
If you have some proprietary rights in something that you submit (by posting
to a forum or otherwise) to the Site, by making the submission, you grant to
East Bay Newspapers free of charge an unconditional, royalty-free and non-exclusive
license to use, copy, modify, publicly display, publicly perform, adapt, and
distribute your submission in any manner and in any medium forever and throughout
the world, which includes granting East Bay Newspapers the right to charge
a fee to others to use, copy, modify, publicly display, publicly perform, adapt,
or distribute your submission. If you do not want a submission to become licensed
automatically in accordance with these terms, please make no submissions to
EastBayRI.com.
4. Submissions -- what East Bay Newspapers prohibits.
You are not allowed to submit to the Site anything that:
1. is defamatory,
obscene, pornographic, an invasion of privacy, or that you intend to inflict
emotional distress;
2. advocates or facilitates a violation of any law, or that is itself illegal
to communicate or transmit;
3. infringes any proprietary right of any person, such as copyright, trademark,
trade name, patent right, or trade secret;
4. violates an order of a court or governmental agency;
5. proposes or solicits any commercial transaction, or proposes or solicits
any donation or payment of any funds for any purpose, or advertises or promotes
any
good or service for sale or lease;
6. transmits "spam," "chain letters," "junk mail," or "pyramid
schemes";
7. violates a contract or a confidential relationship or relationship to which
you owe a duty of loyalty;
8. contains software viruses or any other computer code, file or program that
functions to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or that
9. East Bay Newspapers has determined in its sole discretion to remove from
the Site.
You also are not allowed to collect or store personal information or data about
other users.
5. Submissions -- monitoring.
Any interactive areas of the sites may not be moderated by East Bay Newspapers.
East Bay Newspapers does not read or otherwise monitor every posting or submission
made on or to EastBayRI.com.
East Bay Newspapers reserves the sole discretion to remove, edit, or refuse
to allow a posting or submission for any reason or for no reason, and has no
duty
to explain why it has removed or refused to allow a posting or submission.
6. Termination or suspension of your access to any interactive forum of EastBayRI.com
for submissions, including postings.
East Bay Newspapers, in its sole discretion, terminate or suspend your access
to any interactive area of the Site (for making submissions) for any reason
or for no reason. East Bay Newspapers has no duty to explain why it has terminated
or suspended that access.
7. No warranties.
The contents of the Site are provided "as is" and without any warranty
of any kind, whether express or implied. To the fullest extent permitted by
applicable law, East Bay Newspapers disclaims all express or implied warranties
of merchantability,
warranties of fitness for a particular purpose, and all other express or implied
warranties. East Bay Newspapers expressly disclaims any warranty that the functions
contained in the contents of the Site will be uninterrupted or free of errors,
that defects will be corrected, or that the Site or the server that makes the
Site available are free of viruses, worms, or other elements harmful to your
computer system. Some states do not allow the exclusion of implied warranties,
so the disclaimer of implied warranties may not apply to all users of the Site.
8. Liability exclusions.
East Bay Newspapers shall not be liable to you or to any other person for any
actual, special, consequential, or any other kind of damage that results from
your use of, or your inability to use, the Site or its contents, including
the transmittal of viruses, worms, or other elements harmful to a computer
system.
If you post, transmit, or submit to the Site anything in violation
of these terms, or in violation of East Bay Newspapers' termination or suspension
of
your access
to any interactive forum of the Site, you agree to indemnify East Bay Newspapers
and its agents, successors, and subsidiaries for any and all claims, damages,
demands, injuries, or losses arising from whatever it was that you posted,
transmitted, or submitted.
If you have an "account" with the Site
to post or submit anything to any interactive areas of the Site, you agree
to be fully liable for any
and all
claims, damages, demands, injuries, or losses arising from any posting, transmission,
or submission resulting from someone else using your account, regardless of
whether you permitted that use.
9. Governing Law; Severability; Entire Agreement.
By proceeding to use EastBayRI.com, you consent to be subject to the territorial
jurisdiction of the courts of Rhode Island or the United States District
Court for Rhode Island. You also agree that Rhode Island and, if applicable,
federal
law will govern the interpretation of these terms and the existence of your
agreement to them. If any portion of these terms of use is held to be invalid,
you agree
that such invalidity is not intended to affect any other portion of these
terms. Also, these terms contain the entire understanding between you and
East Bay
Newspapers governing your use of EastBayRI.com and the contents therein.
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