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GOVERNING LAW. This Agreement is governed by the laws of the Commonwealth of Massachusetts. You agree that any action at law or in equity arising out of your use and access to this website shall be filed in state court in Massachusetts.
The contents of this Site and Newsletter are Copyrighted © 2017 by DailyChatter LLC and/or its affiliates or suppliers. All rights reserved. All materials contained in www.dailychatter.com and the email newsletter DailyChatter are protected by copyright in the U.S. and other countries. Instructions are contained here on how to request permission to reuse content from DailyChatter. Articles or photographs credited to sources other than DailyChatter are likely owned by that source and you should contact them directly for permission to reuse their materials.
Unless otherwise stated in writing, the Site and the Newsletter are provided solely for your personal non-commercial use. You may not use the Site or Newsletter or the materials available in either in a manner that constitutes an infringement of our rights or that has not been authorized by us in writing. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or Newsletter. You may, however, from time to time, download and/or print one copy of individual pages of the Site or Newsletter for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site or Newsletter can be obtained by contacting Philip S. Balboni, Co-Executive Editor, [email protected], or in writing to DailyChatter LLC, 32 Atlantic Avenue, The Pilot House, Boston, MA 02110.
DailyChatter does not provide subscription refunds once any offer or free trial period has ended. An individual subscriber’s decision to cease receiving DailyChatter by unsubscribing, at any time during a subscription period, is at your sole discretion and no refund will be provided for any unexpired weeks or months of the subscription. DailyChatter from time to time offers certain periods of promotional or discounted service to partner organizations and others. An individual who receives subscription benefits from such an offer is not entitled to any refund or other consideration should the free or promotional service be ended by DailyChatter for any reason. In the event DailyChatter ceases publishing its newsletter altogether and/or closes its business, we may make partial refunds to paid subscribers for some of the unexpired portion of their subscription, but DailyChatter is under no obligation to do so.
Non-Profit Organizations (schools, religious organizations, 501(c) (3) organizations) may make up to 75 copies of DailyChatter articles for one-time distribution, free of charge, at public events, meetings and presentations. The Copyright and URL www.dailychatter.com must be legible and may not be covered or replaced with any other name, logo or title indicating authorship by another.
TEACHERS AND STUDENTS
Teachers and students may make up to 75 copies of DailyChatter articles for one-time classroom use, including for student papers, class presentations or any other legitimate educational use. The Copyright and URL www.dailychatter.com must be legible and may not be covered or replaced with any other name, logo or title indicating authorship by another. To reuse articles or photos in books, please contact Philip Balboni, Co-Executive Editor of DailyChatter at [email protected]
For syndication in broadcast, newspapers, magazines or other forms of publishing (including public or private websites, textbooks, e-books, or any other form of print or electronic publication), please contact Philip Balboni, Co-Executive Editor, at [email protected]
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Video or audio materials posted on www.dailychatter.com, or in the Newsletter, including audio and video segments, audio and video slideshows or streaming video segments and podcasts, whether posted on this site or any other site or in the Newsletter, are made available for private, personal use only, unless otherwise stated in writing. Specific permission is required for publishing, reproducing, or publicly displaying or distributing this content through any media, including but not limited to broadcast and websites.
Only photographs credited to “staff” photographers or writers are available for reuse or reprint and only by permission. If a photo is credited to AP or any other entity, please contact that entity directly for reprint permission. Photographs not credited to “staff” or an agency, are the property of the photographer credited on the picture and we recommend that you locate that person using Google or another online search engine. .
Notice of Procedure for Making Claims of Copyright Infringement If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that VIOLATES THE Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (2) (“DMCA”), pursuant to DMCA, written notification of claimed copyright infringement should be submitted to the following Designated Agent for this site: Philip Balboni, CEO and Co-Executive Editor, DailyChatter LLC, 32 Atlantic Avenue, The Pilot House, Boston, MA 02110. To be effective, the Notification must include the following: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed; 3) Identification of the material that is claimed to be infringing or a representative list of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to contact the complaining party, such as an address, telephone number and, if available, electronic mail address of the complaining party; 5) A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner or the law; 6) A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIS SITE AND NEWSLETTER AND ALL OF ITS CONTENT ARE PROVIDED BY DailyChatter ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR USE AND NON-INFRINGEMENT. Throughout the Site and Newsletter, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or Newsletter or on websites linked to by us on the Site.
WE DO NOT WARRANT THAT THE SITE OR NEWSLETTER OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR IN THE NEWSLETTER OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
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 correction of, that hardware and/or software. DailyChatter WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. DailyChatter.com or the newsletter DailyChatter ARE NOT RESPONSIBLE FOR ANY LOST CONTENT OR DATA.(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE OR THE NEWSLETTER, OR WITH ANY OF THEIR TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR NEWSLETTER.
EVENTS BEYOND OUR CONTROL
You expressly absolve and release DailyChatter.com and its agents and employees from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
DailyChatter welcomes your feedback and suggestions about how to improve this Site or the Newsletter. Any ideas, suggestions, information, material, or any other content (collectively, “Submissions”) received through this Site or Newsletter, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for this Site and Newsletter to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by 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 your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While DailyChatter has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, DailyChatter is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. DailyChatter shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
DailyChatter seeks to protect the privacy of its users. This site or Newsletter does not collect personally identifiable information about individuals, except as otherwise agreed in writing. When purchasing DailyChatter subscription services, you must provide contact and other personal information such as name and address to be used for billing purposes. If the site cannot process the order, this information will be used to get in touch with you. We may collect anonymous, aggregated data to provide to our advertisers and other companies that we do business with for market research and statistical purposes. Use of this data helps us improve this site and we reserve the right to publish non-personally identifiable, summary information concerning our website visitors for promotional purposes and as audience data for our advertisers. We do not provide, sell or lease personally identifiable information to any third parties. If you have any concerns or questions regarding what is done with your information, please e-mail Philip Balboni, CEO and Co-Executive Editor, at [email protected]
You agree to indemnify and hold harmless DailyChatter and all of its officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site or the Newsletter or any breach by you of these Terms and Conditions.
We may cancel or terminate your right to use the Site or Newsletter or any part of one or the other at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site or Newsletter affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive such termination.
This agreement constitutes the entire agreement between us with respect to the subject matter contained in this agreement and supercedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site or Newsletter. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.