MARTHA’S VINEYARD TIMES CORPORATION INC. AGREEMENT WITH USERS OF EDIBLEVINEYARD.COM AND ITS SERVICES
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use ediblevineyard.com, or any of the features of this site, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Edible Vineyard on the Web (“EdibleVineyard.com”), an Internet service of The Martha’s Vineyard Times Corporation Inc. (“MVT”) or (the “Service”).
1.2 EdibleVineyard.com may change, add or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 EdibleVineyard.com may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. EdibleVineyard.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. EDIBLEVINEYARD.COM CONTENT
2.1 The contents of the EdibleVineyard.com site are intended for your personal, noncommercial use. All materials published on EdibleVineyard.com (including, but not limited to articles, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by The Martha’s Vineyard Times Corporation Inc., EdibleVineyard.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Martha’s Vineyard Times Corporation, its publisher or editor, or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Service is owned or licensed to EdibleVineyard.com.
3. USER GENERATED CONTENT: SUBMISSIONS, INCLUDING COMMENTS, READER REVIEWS, AND MORE
3.1 (a) You shall not upload to, or distribute or otherwise publish on to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
3.1 (c) Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.1 (d) Debate is allowed, but don’t attack. In a community full of opinions and preferences, people always disagree. EdibleVineyard.com encourages active discussions on the Service. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of MVT, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Service (i.e., user-generated content, including but not limited to: comments, forum messages, reviews, text, shared activities, video, audio, and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by The Martha’s Vineyard Times, and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Service may also be included in our RSS feeds and made available for republishing through other formats.
3.4 You grant MVT a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for EdibleVineyard.com or any third party The Martha’s Vineyard Times Corporation Inc. designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to EdibleVineyard.com or any other Web site owned by MVT, including any Submission posted on EdibleVineyard.com through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while EdibleVineyard.com does not and cannot review every Submission and is not responsible for the content of these messages, EdibleVineyard.com reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
3.7 Any person involved in or affiliated with the production of a work reviewed on EdibleVineyard.com may not submit a Readers’ Review for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 EdibleVineyard.com contains links to other related World Wide Web Internet sites, resources, and sponsors of EdibleVineyard.com. Since EdibleVineyard.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless MVT and EdibleVineyard.com, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MVT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither MVT nor EdibleVineyard.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
6. FEES AND PAYMENTS
6.1. EdibleVineyard.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to EdibleVineyard.com or the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time EdibleVineyard.com requires a fee for portions of the Service that are now free, EdibleVineyard.com will give you advance notice of such fees before such charges are imposed. All new fees, if any, will be posted in the About Us section of the site and in other appropriate locations. If MVT imposes such charges and you agree to subscribe, you shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by EdibleVineyard.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.