- General. The Daily Free Press website shall be accessed at the following URL: (http://dailyfreepress.com/). Back Bay Publishing may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time and without notice. Under no circumstances will Back Bay Publishing be liable for any such change, modification, suspension, improvement or discontinuance.
- Registration. No registration shall be required for access to the Website, nor shall Back Bay Publishing collect your information for any reason other than a voluntary agreement to periodic Newsletter access, as outlined and governed in Section 9.
- Responsibility of Website Visitors.Since public comment submission is a feature of the Website, it should be assumed that Back Bay Publishing has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Back Bay Publishing does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Back Bay Publishing disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3.1. Public comments. The general guidelines for posting a comment to the Website are the following: Avoid foul and/or abusive language; Do not submit anyone else’s personal information (this extends to publicly-available information such as items found on social networks); Do not post links to external content for which you do not own the rights or which may be harmful to others. Back Bay Publishing reserves to remove or edit any comment submitted to the Website at any time, and for any reason. These guidelines are non-exhaustive, but Back Bay Publishing intends to remain as faithful to them as possible, within good reason.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Website links, and that link to the Website. Back Bay Publishing does not have any control over external web pages, and is not responsible for their contents or their use. By linking to a non-Daily Free Press website or webpage, Back Bay Publishing does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Back Bay Publishing disclaims any responsibility for any harm resulting from your use of non-Daily Free Press websites and web pages.
- Copyright Infringement and DMCA Policy. As Back Bay Publishing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Back Bay Publishing of the potential violation. Back Bay Publishing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Back Bay Publishing or others, Back Bay Publishing may, in its discretion, terminate or deny access to and use of the Website.
- Trademarks. Back Bay Publishing, Daily Free Press, Daily Free Press.com, the Daily Free Press.com logo, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of Back Bay Publishing or Back Bay Publishing’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Back Bay Publishing or third-party trademarks without obtaining consent from the rightful holder of such trademark.
- Changes. The Website, its content, and these Terms and Conditions may be changed at the sole discretion of Back Bay Publishing and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions. Upon making such a change, Back Bay Publishing should attempt to give notice at the time of change, but as stated above, is not obligated to do so.
- Communications with Back Bay Publishing. All notices and other communications to Back Bay Publishing required under this Agreement should be directed to the Back Bay Publishing via The Daily Free Press contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent.
- Membership and Use of the Newsletter. Back Bay Publishing shall make available membership to a periodic Newsletter of content belonging to the Website. Participation in this Newsletter will be considered “at-will” by both Back Bay Publishing and the subscriber, and as such, can be terminated at any time by either party without notice. The information received by Back Bay Publishing from its Newsletter subscribers shall only be used for the purposes of the Newsletter, and will never be shared with a third party under any circumstances except where compelled by law.
- Limitation of warranties of Back Bay Publishing, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and Back Bay Publishing, its supplies and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Back Bay Publishing makes no representations and warranties regarding uptime and availability of the Website. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Back Bay Publishing, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of Back Bay Publishing, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Back Bay Publishing, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Back Bay Publishing, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Back Bay Publishing, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Back Bay Publishing during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless Back Bay Publishing, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Termination. Back Bay Publishing may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website. You may terminate these Terms and Conditions for any reason upon seven (7) days prior written notice to Back Bay Publishing.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between Back Bay Publishing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Back Bay Publishing, or by the posting by Back Bay Publishing of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachusetts. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Back Bay Publishing may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.