January 25, 2013
www.leominster.tv (the “Site”) is the main website for the Leominster Telecommunications Corporation , d/b/a Leominster Access Television. (“Leominster.TV”). Leominster.TV is a public forum dedicated to issues of interest to Leominster residents, businesses and organizations. The Site is intended as a forum for all members of the Leominster community to post, link, and comment on content relating to the community. In doing this, the Site serves as a tool in furthering Leominster.TV's mission to provide access to telecommunications technology so that all may become active participants in electronic media.
The Site displays content that is both Leominster.TV-generated and user-generated. User generated content includes but is not limited to videos, posts, comments and other materials created by users, which content is then hosted on the Site and/or linked/embedded from a third-party website to the Site. Users must provide personally identifiable information when they submit user generated content other than public comments. This information may include, but is not limited to, a username and e mail address. Users are required to log in to the Site, while Visitors can browse some of the content without providing any identifiable information.
User-generated content is not affiliated with Leominster.TV. This content may be hosted on Leominster.TV's servers or on third-party sites, and may be embedded on other sites, unless the User specifically disables this feature. Leominster.TV does not endorse, support, or share the viewpoint of any user-generated content hosted on the Site and/or linked/embedded from a third-party website to the Site. Additionally, Leominster.TV is not liable for any content that is hosted on third-party sites, such as YouTube, Blip.tv, Facebook, or other media sharing sites.
Leominster.TV-generated content may include, but is not limited to, programming schedules, archived media and live web-streaming of Leominster.TV television stations. Leominster.TV does not endorse, support, or share the viewpoint of any content on its website or television channels, unless specifically noted.
Leominster.TV may change the Terms from time to time, at Leominster.TV's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Each visit to the Site is a new transaction, governed by the Terms that are linked at that time. By creating a user account, you agree to periodically visit this section of the Site to review the current versions of the Terms. Additionally, users agree to forfeit their right to be notified of changes to the Terms.
Disclaimer of Warranty and Limitations of Liability
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Leominster.TV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Leominster.TV HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF Leominster.TV AND ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Leominster.TV assumes no responsibility for the accuracy, suitability, or completeness of any user generated content. Additionally, you understand that user posts and discussion threads are products of a community effort and do not necessarily represent the view of Leominster.TV.
In order to access some features of the Site, you may have to create an account. When creating your account, you represent and warrant that (a) all information provided by you to Leominster.TV is current, accurate and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis; and (b) you are 18 years of age or older. Your account may be deleted without warning if we believe you are under 18 years of age, or if we believe you are over 18 years of age and represent yourself as under 18 years of age. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Leominster.TV immediately of any breach of security or unauthorized use of your account.
Although Leominster.TV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Leominster.TV or others due to such unauthorized use.
Leominster.TV reserves the right to terminate your account or restrict access to your account, or to delete any content posted through your account, with or without notice, for any or for no reason, and without any liability to you.
User-Generated content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. User-generated content may not be commercial in nature, including: promotion of the sale of any service or product, price information, commercial calls to action or inducements to buy; contact information must be limited to the name of an individual, business or organization. Addresses, phone numbers, and websites may not be included.
Leominster.TV does not pre-screen or regularly review any user-generated content, but Leominster.TV has the right (though not the obligation) to remove, without notice, any content posted which Leominster.TV considers, for any reason, to violate these Terms or to be outside the subject scope of the Site. This includes, but is not limited to, deleting off-topic postings or spam, and any user accounts associated with these postings.
Users' comments should be relevant to the subject scope of the content commented upon.
User-generated content existing on the Site already falls under these Terms. It is a user's responsibility to delete any content that he or she wants removed from the site.
Leominster.TV enforces a zero-tolerance spam policy. Spam includes, but is not limited to, excessive multiple posting and posting of advertisements for websites, businesses, etc. Leominster.TV uses a spam protection service to review content on the Site for spam. It is the sole discretion of Leominster.TV to determine what constitutes spam. Leominster.TV reserves the right to change spam protection service providers at any time, with or without notice to Users. Additionally, Leominster.TV may terminate any account, with or without notice, for posting such content.
User-generated content does not represent the advice, views, opinions or beliefs of Leominster.TV and Leominster.TV makes no claim of accuracy of any user-generated content.
User Representations and Warranties
By posting any content, you represent and warrant that you have all rights, titles, and interests to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to post the content. You represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction or any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate these Terms.
Leominster.TV does not claim ownership of content you submit or make available on areas of the Site that are publicly accessible. By default, you own the copyright in your content posted on the Site, although Leominster.TV may give you the option to choose how this content is licensed to others. However, by posting content on the Site, you are granting Leominster.TV a non-exclusive, royalty-free, perpetual and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content using any and all media or distribution methods (now known or later developed), and/or to incorporate it into a collective work. This license exists only for as long as you elect to continue to include such content on the Site and will terminate at the time you remove or Leominster.TV removes such content from the Site.
You are free to link to any of the Leominster.TV On-Demand and/or LIVE Stream content. You shall not re-post, publish, transmit, reproduce, distribute or in any way use or exploit any audio visual content and or Information for commercial purposes or otherwise use the content or Information in a manner that is inconsistent with its original intent and context, and also in such a way as to be in conflict with any of these rules and regulations.
DMCA Copyright Notice
Leominster.TV is committed to complying with US copyright laws, such as the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material on the Site that is claimed to be infringing, in which case we will make a good-faith effort to contact the user who submitted the affected material so that they can make a counter notification, also in accordance with the DMCA. Some content displayed on the Site is hosted on a third-party website. Leominster.TV may, at its discretion, disable a link or embedded code to such content, but Leominster.TV does not control such third-party websites. If the content is hosted on a third-party website, you should contact that website. If you believe your material is being used on the Site without permission, please notify:
Carl Piermarini, Executive Director
Leominster Telecommunications Corporation Inc., d/b/a Leominster Access Television
435 Lancaster Street
Leominster, MA 01453
Carl Piermarini is acting as the agent designated under the DMCA, P.L. 105-304, to respond to reports alleging copyright infringements on Leominster.TV.
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements: a) a description of how your copyright or intellectual property has been infringed; b) a description of where the infringed material is located on the site; c) your contact information; d) a statement that you believe that the use of the material is not authorized by the copyright's owner, by its agent, or by law; e) a statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; f) your electronic or physical signature. Counter-Notification: If your posted material has been taken down you may file a counter-notification that contains the following details: a) the proof of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled; b) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; c) your contact information; d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for the District of Massachusetts (where Leominster.TV is located) and that you will accept service of process from the person who submitted a notice in compliance with the DMCA.
You acknowledge and agree to indemnify and hold Leominster.TV, their respective and collective present, former and future affiliates, officers, employees, agents, independent contractors, attorneys, and all of their respective and collective present, former and future representatives, predecessors, successors, and assigns harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms, or the infringement, or alleged infringement, by your of any intellectual property or other right of any person or entity.
Leominster.TV or its licensors own all rights to the Site's content, including but not limited to the Leominster.TV logo and trademark.
User-generated content on the Site is available for use, including copyright and distribution, subject to the terms of a Creative Commons Attribution-Noncommercial 3.0 license.
You agree not to misappropriate the Leominster.TV name for any use that is inconsistent with the Intellectual Property Rights of Leominster.TV or its licensors, including, without limitation, using the Leominster.TV name to endorse any views. You also agree not to remove, obscure, or alter Leominster.TV's or its licensors' copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Site.
Leominster.TV reserves the right to change, at any time, at our sole discretion, the Terms under which the Site is offered. By creating a user account, you agree to forfeit your right to be notified of any changes to the Terms. Leominster.TV may notify you of changes to the Terms via email or notifications on the Site, but it is under no obligation to do so. Both users and visitors are responsible for regularly reviewing these Terms. The continued use of the Site constitutes your agreement to all such Terms.
Termination of Service
Leominster.TV disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site. Leominster.TV reserves the right to modify, suspend, or discontinue the Site or access to the Site without notice at any time and without any liability to you.
Extent of Terms
The Terms apply to use of and contribution to the Site. Leominster.TV may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d) as amended, Leominster.TV hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet (e.g. http://en.wikipedia.org/wiki/List_of_content-control_software).
No Waiver of Terms
Failure of Leominster.TV to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of Massachusetts, without regard to conflict of law principles that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of Massachusetts in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.