TERMS OF SERVICE

 

MaineATVClubs.com Terms of Service
Updated January 22, 2010

 

 

ACCEPTANCE OF TERMS

MaineATVClubs.com (“Network," “we,” “our,” “us”) provides access to and use of the website located at www.maineatvclubs.com, subject to these Terms of Service (“TOS”). Unless explicitly stated otherwise, any new features that augment or enhance the current News Sites shall be subject to this TOS.

 

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE NEWS SITES CONSTITUTES ACCEPTANCE OF THE TOS.

 

We may amend this TOS at any time by posting the amended TOS to any, some or all of the News Sites, and you acknowledge and agree that your continued use of the News Sites after any such change represents your agreement to the amended TOS.

 

YOUR REGISTRATION OBLIGATIONS

By registering as a member maineatvclubs.com, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Profile Data”) and maintain and promptly update the Profile Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, we shall have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, and we may deny you access to areas requiring registration, at its sole discretion.

 

ACCOUNT PASSWORD AND SECURITY

The site may contain some features that require registration (“Restricted Areas”). At the time of registration for online account access, you will be asked to choose a Username and Password. You are responsible for maintaining the confidentiality of the Password, and are fully responsible for all uses of your account, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify us of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the News Sites’ Restricted Areas, if any. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, or from any unauthorized access to your personal information not directly due to the negligence of the Network.

 

You acknowledge and agree that the Network is authorized to act on instructions received through use of your Password. You further acknowledge and agree that the Network may, but is not obligated to, deny access or block any transaction made through use of your Password, without prior notice to you, if we believe your Password is being used by someone other than you, or for any other reason.

As a result of your registration for maineatvclubs.com, you may receive certain commercial communications from the Network related to content found on maineatvclubs.com. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by changing your account preferences.

 

USER CONDUCT

It is your responsibility to know, understand and abide by the Network rules of use. These rules are not meant to be exhaustive, and the Network reserves the right to determine what types of conduct it considers to be inappropriate use of MaineATVClubs.com. In the case of inappropriate use, the MaineATVClubs.com may take such measures as it sees fit. The MaineATVClubs.com reserves the right to add to or amend this list of rules at any time, and you are responsible for checking the TOS for any changes each time you log on.

 

You are fully responsible for what you post. You agree not to use MaineATVClubs:

to post, transmit, or otherwise make available content that harasses, abuses, or threatens other users, or that contains profanity, or obscene or otherwise objectionable content;

 

to post, transmit, or otherwise make available content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification; to harm minors in any way; to impersonate any person or entity, including, but not limited to, MaineATVClubs employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity; to post, transmit, or otherwise make available any material that contains software viruses or any other malware designed to damage or reduce the functionality of any computer software or hardware; to post, transmit, or otherwise make available unsolicited advertising or promotional materials (except as approved by MaineATVClubs in writing), spam, pyramid schemes, chain letters, or other similar forms of unauthorized advertising or solicitation; to post anyone else's copyright, trademark or other intellectual property, trade secrets or confidential, proprietary or private information that you do not have a right to make available to others, or otherwise post or use piracy, plagiarism or circumvention of passwords, account information or copy protection; via bots, agents, scraping, automated access, scripts, intelligent search or any similar means of access to MaineATVClubs in a manner that may adversely affect performance of of the Site; to provide in-line linking using the bandwidth of MaineATVClubs.com servers to post materials from any of the Sites within any other site; or provide framing, borders or mirroring for any content of MaineATVClubs.com within any other site; to state or imply that the MaineATVClubs.com endorses or sponsors any other product or service, or provide false information about the Network or its products or services.

 

Our discussion boards and blogs may be used for non-commercial purposes only. You agree not to post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity in our discussion boards or within any blog. Advertising, marketing, promotion and other commercial activity may only be posted by prior agreement with MaineATVClubs.com. We do allow hyperlinks to our web pages. We reserve the right to remove any post, at our sole discretion, for any reason.

 

Use of or reliance on information obtained through the News Sites, the discussion boards, the blogs or classifieds is at your own risk. MaineATVClubs.com provides information for users to interact, but does not endorse any content nor vouch for its reliability. The content and views expressed on the discussion boards, the blogs and classifieds are strictly those of the originating author.

 

Do not post personal information about yourself in the discussion boards or within the blogs. The information therein can be read by the public, and you should not post any private information unless you want it to be available publicly.

 

Violation of our rules regarding the content of posts may result in the removal of your post or the canceling of your account.

You understand that all materials submitted by users, including but not limited to discussion boards, blogs and classifieds postings and links (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not the Network, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the News Sites. Under no circumstances will the News Network be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the News Sites.

 

You acknowledge that MaineATVClubs.com may or may not pre-screen User Materials, but that MaineATVClubs.com and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via MaineATVClubs.com. Without limiting the foregoing, MaineATVClubs.com and its designees and agents shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in MaineATVClubs.com sole discretion, and shall have no liability for such removal. You understand that by using MaineATVClubs.com, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through MaineATVClubs.com.

With respect to User Materials you submit or make available for inclusion on the discussion boards, blogs and classifieds or other publicly accessible areas of the News Sites, you grant MaineATVClubs.com an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.

 

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MaineATVClubs.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE NEWS SITES, YOUR CONNECTION TO THE NEWS SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE NEWS SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

MODIFICATIONS TO SERVICE
MaineATVClubs.com reserves the right at any time to modify or discontinue, temporarily or permanently, the News Sites (or any part thereof), including the restricted areas, with or without notice. You agree that MaineATVClubs.com shall not be liable to you or any third party for any modification, suspension or discontinuance of MaineATVClubs.com or any part thereof, including without limitation deletion of your account information, User Materials, and other content associated with your account (or any part thereof).

 

TERMINATION

You agree that the Network may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the restricted areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the News Sites (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.

Termination of your account(s) may include (a) removal of access to all offerings within the News Sites’s restricted areas, (b) at the Network’s sole discretion, the deletion of all of your News Sites account information, User Materials, and other content associated with your News Sites account (or any part thereof), and (c) barring further use of the News Sites’s restricted areas.

 

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the News Sites, including without limitation the classifieds, such as payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE NEWS SITES, YOUR CONNECTION TO THE NEWS SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE NEWS SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

LINKS

MaineATVClubs.com may provide links to other World Wide Web sites or resources. MaineATVClubs.com has no control over such sites and resources, you acknowledge and agree that MaineATVClubs.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of service, privacy policies or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MaineATVClubs.com SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

 

OUR INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All title, ownership and intellectual property rights in and to MaineATVClubs.com, including without limitation all copyrights, trademarks, tradenames, and logos in text, graphics, audio, video, advertising, code and look and feel of MaineATVClubs.com, are owned by the Network or its licensors. You acknowledge and agree that the News Sites contain information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MaineATVClubs.com, you agree not to copy, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, transmit, remove advertising or notices, or create derivative works based on content found on any of MaineATVClubs.com, in whole or in part. You also agree not to reverse engineer, decompile or otherwise attempt to discover any code or processes used by MaineATVClubs.com , and not to insert or add any code or make any other attempt to manipulate MaineATVClubs.com.

By accessing MaineATVClubs.com, you agree that you may only download and display the content, apart from the classifieds, for educational and informational purposes or your own personal non-commercial use.

 

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE MaineATVClubs.com IS AT YOUR SOLE RISK. MaineATVClubs.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THE NETWORK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NEWS SITES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE, INFORMATION, PURCHASE OR TRANSACTION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWS NETWORK OR THROUGH OR FROM MaineATVClubs.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT MaineATVClubs.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NETWORK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NEWS SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NEWS SITES; OR (v) ANY OTHER MATTER RELATING TO THE NEWS SITES.

 

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

 

NOTICE

MaineATVClubs.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Site; provided, however, that this Section places no requirements on the Network not already expressly set forth herein.

 

TRADEMARK INFORMATION

MaineATVClubs.com, including the names of the MaineATVClubs.com, and other names of the Network properties referenced herein, including without limitation our logos, designs, graphics, domain names and business names (the “Network Marks”) are service marks, trademarks or registered trademarks of the Network. Other service marks, trademarks and registered trademarks and/or logos are the property of their respective owners. You agree that you will not display the Network Marks, or use the Network Marks in any manner, without the prior written permission of the Network.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

MaineATVClubs.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Network and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The Network can be reached at the following email address: info@maineatvclubs.com.

 

JURISDICTIONAL STATEMENT

This TOS and the use of MaineATVClubs.com are governed by Maine law without regard to its conflict of law provisions. Any claim related to MaineATVClubs.com or this TOS shall be brought in a federal or state court in Sagadahoc County, Maine, within one year after the claim arises. You consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy.

The Network controls the MaineATVClubs.com from its offices within the United States of America, and the News Sites are intended for use only in the United States of America. The Network does not represent that the materials on MaineATVClubs.com are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access MaineATVClubs.com of your own volition and are responsible for compliance with applicable local laws.

 

GENERAL INFORMATION

Entire Agreement. This TOS constitutes the entire agreement between you and the Network with respect to MaineATVClubs.com and supersedes any prior agreements, oral or written, between you and the Network.

Waiver and Severability of Terms. The failure of the Network to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of MaineATVClubs.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS

You agree that you will report any violations of the TOS to: info@maineatvclus.com.