NECN.COM TERMS OF USE:
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of NECN and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, 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. You may, however, from time to time, download and/or print one copy of individual pages of the Site 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 can be obtained by contacting David Lawson, NECN Business Manager, 160 Wells Ave. Newton, Massachusetts 02159 .
Your License to Us. By posting or submitting any material (including, without limitation, opinions, written submissions, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. 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.
Notice 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 constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to David Lawson, NECN Business Manager, 160 Wells Ave. Newton, Massachusetts 02159 . Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
DISCLAIMERS
Throughout the Site, 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, neither we nor our parent companies operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE 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 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.
Events Beyond Our Control: You expressly absolve and release NECN 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.
Use of Company Directories: The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Interactive Features: This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
· Restrict or inhibit any other user from using and enjoying the Site. · Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. · Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. · Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. · Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. · Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. · Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. · Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. · Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. · Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. · Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. · Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
User Submissions: NECN also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for this Site 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.
Registration: To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords: 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.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (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 WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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 NECN 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, NECN 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. NECN 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.
Indemnification: You agree to indemnify and hold harmless NECN and all of it’s 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 any breach by you of these Terms and Conditions.
Termination: We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site 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.
Other: This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written 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. 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 State 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.
NECN PRIVACY POLICY:
This site is owned by New England Cable News (“NECN”) and/or its subsidiaries. NECN’s privacy policy covers the collection, use and dissemination of personal information that may be collected by NECN anytime you interact with NECN on one of its websites, such as when you listen to audio streams, view video streams, visit our websites, when you purchase products, or when you contact NECN. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information.
Why we collect information. NECN collects information to assist us in delivering a superior level of product. We collect information to gain a better understanding of our customers and their needs and thus provide more valuable services. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, updates, special offers, promotions, and events that you might like to hear about.
What information we collect. The information we learn from customers helps us personalize and continually improve your experience with our products and services. Here are the types of information we gather.
· Automatic Information: Our servers automatically collect certain non-personally identifying information, such as your computer’s IP address, the type of browser in use, and pages viewed, streams viewed or listened to and when you visit our sites. We use this information to understand how visitors navigate through our sites and use our products, to enhance your experience while using our sites, and to make the materials we post as valuable to visitors as possible. We do not link this information to personally identifiable information.
· Information You Give Us: We receive and store any information you enter during account creation or any information you voluntarily provide us in any other way. You can choose not to provide certain personally identifiable information, but then you might not be able to take advantage of many of our features. We use the personally identifiable information that you provide to us for such purposes as responding to your requests, customizing your experience, improving our product, and communicating with you.
How we use the information collected. There are a number of situations in which your personal information may help us give you better service. It helps us gain a better understanding of how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services. This information is also used to improve our software and services by providing personalized content recommendations, location customization, and/or personalized help and instructions. We track content accesses and downloads for the purpose of paying royalties and license fees to third party providers, such as record labels, advertisers and other copyright holders and content distributors. When you create an account — providing your name, email address, zip code and birth date — and choose a password and password hint (such as the month and day of your birth) for security. The system saves your information and assigns you a personal ID — in many cases simply your email address, because it is unique and easy to remember. You have the option for streaming services to “remember” you, and your favorites or other preferences you have set will be available automatically, and on occasion greet you by first name. Some this information may, on occasion, be transferred to 3rd parties to automatically fill in relevant form fields and simplify the process. This information is not stored on the 3rd party website until you submit the form. However, once the form is submitted, then this personally identifiable information may be stored on the 3rd party website. If you use a message board, chat room or other means of public communication, you should be aware that any information you share is visible to other users. Personally identifiable information you post as a message to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. NECN is not responsible for the personally identifiable information you choose to submit in these forums.
Technologies used to collect information. As is standard practice on many corporate websites, NECN’s website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. A cookie is a small text file containing a unique identification number that is transferred from a Web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the Web site. This unique number identifies your Web browser to our computer system whenever you visit one of the sites in the NECN Network. A cookie will not allow a Web site to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. We use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. For example, knowing your first name lets us welcome you with a greeting the next time you use our products. Our advertisers help us deliver a number of useful services which are free of charge to you. Our advertisers will often employ the use of a “click-through URL” linked to content on their website. When a customer clicks one of these URLs, they pass through a web server before arriving at the destination web page. They track this click-through data to help determine general interest and measure the effectiveness of customer communications.
When we disclose information. NECN does not sell, rent, or share your personal information to a third party unless you consent to provide such information to a third party partner or content service. In some cases, access to certain products and services, such as content subscription products or products distributed by third parties, may require the provision of personal information to a third party, such as a content provider or distributor. In such cases, this will be stated during the registration process, in the terms of use, through the distribution process, or in a similar manner. The third party’s use of such information is governed by that party’s privacy policy, and NECN’s use is governed by this privacy policy. Please visit the privacy policy of the content partner to make sure you understand how they use the personal information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, NECN may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing and royalties. In such cases, NECN may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider. NECN may disclose relevant information about our customers to our contractors (e.g. a customer service contractor or a credit card clearing service) in order for them to provide specific services for NECN, and to better serve our customers. NECN’s contractors are bound by strict contractual requirements to keep all personal information they process strictly confidential and to use such information solely on behalf of NECN. Also, NECN may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on NECN; (b) protect and defend the rights or property of NECN and its products; or (c) act in urgent circumstances to protect the personal safety of users of NECN products or the public at large.
Links to other websites. NECN websites and products contain links to other websites and products. NECN is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices. NECN has no liability for these third party sites, their policies or actions.
Security of personal information. The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to try to protect guest information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. NECN shall make all reasonable efforts to comply with this privacy policy; however, this policy should not be construed as a contractual undertaking and NECN cannot warrant the security of any information that you transmit to us. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable and by transmitting personal information over the internet to us, you are accepting any risks associated with doing so. In addition, you are responsible for taking appropriate measures to protect and secure all passwords, log-on or membership identification information and account information.
Changes to this policy. We may revise this Privacy Policy to keep it up to date with NECN’s current policies, practices, products, services and web pages. NECN reserves the right to revise, change or modify this policy at any time for any reason. “Updated" may be used to alert users to recent changes and to the date of the last update. We also post FAQ’s from time to time on specific product.
Privacy questions. If you have questions or concerns about NECN’s Privacy Policy or data processing or use, please send an email to Feedback@NECN.com. We will respond to your inquiry within 30 days.