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Terms of Use

 

Last Updated: July 28, 2008

Welcome to the Cape May County Herald! Seawave Corporation d/b/a Herald Newspapers (“we” or “us”) provides www.capemaycountyherald.com to (“you” or “User”) for your personal non-commercial use. The entire contents of www.capemaycountyherald.com, including but not limited to the text, data, information, materials, software, tools, and graphics provided by us and our licensors is considered to be a part of our website (the “Site”). Please read this Visitor Agreement (“Agreement”) carefully as it is a legal agreement between you and us and it governs your access to and use of the Site.

IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE. YOU SHOULD, THEREFORE, DISCONTINUE USE OF THE SITE IMMEDIATELY.

Modifications. We reserve the right, in our sole discretion, to modify the Site or this Agreement at any time with or without advanced notice. All modified terms and conditions will be effective after they are initially posted on the Site (unless a longer notice period is required by applicable law). If any modified terms are not acceptable to you, then your only recourse is to cease using the Site. By continuing to access or use the Site after we make any such revision, you agree to be bound by the revised Agreement.

Privacy. We respect the privacy of users of our Site. Consequently, our Privacy Policy is incorporated herein by reference. Please take a moment to review it.

Links. We welcome links to our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us.

No Framing. You may not frame or in-line link any of the content of this Site or incorporate into a site any of the contents of this Site.

Inaccuracies. We invite you to bring to our attention any material on the Site you believe to be inaccurate. Please see the “Feedback” section below for contact information.

Feedback. Your feedback, questions and comments are welcome and encouraged. You may submit feedback to the person listed below.

Online Editor

Herald Newspaper

1508 Route 47 South

Rio Grande, NJ 08242

Fax (609) 886-1879

admin@cmcherald.com

You agree that (i) by submitting unsolicited ideas to us or any of our employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property. You hereby assign and agree to assign all intellectual property rights, title and interest you have in and to such feedback and ideas to us together with all intellectual property rights therein. If you intend to own the intellectual property rights of your ideas in any way, please do not submit your feedback, ideas, concepts or prototype samples to us, our employees or assigns. Instead, please send an email to admin@cmcherald.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by us in order to evaluate your concept(s).

Membership and Access. In the event that you wish to post content to our Site, you will have to register as a “Member” and create a username and password. Membership is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. During registration, you will create a user name and password (your “Account”), which may permit you access to certain secure areas of the Site only available to our Members. You are responsible for safeguarding and maintaining the confidentiality of your Account. You agree not to disclose your password to any third party. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. In the event that your password and/or user name is lost or stolen, please notify us immediately so that a new password or user name can be created. You have the right to cancel your Account by sending an email to the following e-mail address: admin@cmcherald.com. Your Account information will be maintained and accessed in accordance with the terms of our Privacy Policy. If you become a Member and create an Account, you consent to the use of: (a) electronic means to assent to this Agreement, and to provide you with any notices given pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Site.

If you become a Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to us. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

Term and Termination. We may suspend or terminate your use of the Site for any or no reason, and for your breach of the terms of the Agreement. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Site or to archive or make your content available through the Site. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease, and you agree to destroy any confidential information of ours that you may possess. You may also cancel your Account by sending an email to us: admin@cmcherald.com. Any suspension, termination or cancellation shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Use of the Site. In using or accessing the Site, whether as a Member or non-Member, you agree to comply with the following:

•           Subject to the terms of this Agreement, we grant to you a revocable, non-transferable, non-exclusive, limited right to use the Site for your own personal, non-commercial use and not for any use on behalf of any third party. You may not modify or alter the Site in any way. Your use of and access to the Site is at your own risk.

•           You may download or print hard copies of the Site or portions thereof, but only in connection with your own personal, non-commercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: “Copyright (c) 20xx Seawave Corporation. All rights reserved.” Notwithstanding the foregoing, except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available the Site without prior express written authorization from us or the applicable copyright owner.

•           You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using and accessing the Site contained therein. You acknowledge and agree that we have no responsibility to control or monitor any content posted to the Site and, as a result, do not manage, control, guarantee, nor are responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such content. We reserve the right to remove any content at any time without notice.

•           If you become a Member, you may upload, email, post, publish, transmit or otherwise submit content, which includes but is not limited to, collectively, text, data, graphics, images, photos, video files and other content and information, to the Site as available and if it is offered as part of the Site. You represent and warrant to us that you are the sole and exclusive owner of such submitted content, or that you have all right and authority to grant the rights in such content to us as described herein.

•           You will not use the Site for any purpose or in any manner, nor upload, email, post, publish, distribute, transmit, submit, perform, display or otherwise make available through the Site any content, that: (i) is of an adult, sexual or controversial nature; (ii) violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights (as further described in the “Copyright Infringement” section below) or information pursuant to any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) is unlawful, in violation of or contrary to the laws or regulations in any state or country where your content is created, displayed or accessed; (iv) is in breach of this Agreement; (v) is fraudulent, false or misleading; (vi) is hateful, tortuous, defamatory, slanderous or libelous; (vii) harasses another individual, promotes bigotry, racism, hatred or harm against any group or individual, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or otherwise interferes with another party’s use or enjoyment of the Site; (viii) is profane, vulgar, or obscene; (ix) is violent or threatening, or promotes violence or actions that are threatening in any way to anyone; (x) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information about activities such as making or buying illegal weapons or illegal substances); (xi) is invasive of another’s privacy or includes personal or identifying information about another person, including collecting or storing personal data about users; (xii) is harmful to minors in any way; or (xiii) constitutes unsolicited bulk email, “junk mail,” “spam” or chain letters.

•           You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site, or attempt to gain unauthorized access to our database, technology, computer systems, or networks associated with the Site, or Accounts other than your own,. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by us in connection with the Site, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site – unless expressly permitted by us. You may not repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. You may not forge headers or otherwise manipulate identifiers in a manner than disguises the origin of any content you transmit through the Site. You may not gather email addresses that users post in our public posting areas, or upload or post any irrelevant material.

•           You understand and agree that, as stated above, neither we nor any affiliate or authorized party intends, or will be required, to edit or review for accuracy, ownership or appropriateness any content submitted by you. However, you agree that all content may be subject to our approval. We reserve the right, at any time, to reject, suspend, cancel or remove your content, to assign new search terms to any such content, or to refuse to provide access thereto. We, our employees, consultants and other agents shall have no liability for taking such actions or decisions.

•           You are solely responsible for your interactions (including any disputes) with other visitors or Members. You understand that we do not in any way screen our visitors or Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other visitors or Members. You agree to take reasonable precautions in all interactions with other visitors or Members, particularly if you decide to meet a visitor or Member offline, or in person.

•           You will not encourage or instruct any other individual to do any of the foregoing or to violate any of the terms of this Agreement or our policies.

•           You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of this Agreement.

Intellectual Property Rights. You acknowledge and agree that we own or license all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Site, including but not limited to all information, content, materials, products, services, URLs, other software, technology, editorial or user guidelines, and documentation, developed in whole or in part by, with or for us. You shall not acquire any right, title or interest therein to any content, the Site provided by us, except for the limited use rights expressly set forth in this Agreement. Any rights not expressly granted herein are withheld.

Notwithstanding the foregoing, and in connection with your use of the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) to us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable right and license to use, copy, adapt, publish, transmit, distribute, perform, display, reference, index and cache, in any form, medium or technology now known or later developed on the Site or the sites of our affiliates, distribution partners or third-party service provides, your content and any materials you submit to us, in whole or in part, whether created by or for you, to provide the Site to you and to perform our obligations under this Agreement. Excluding your content, you shall and hereby do assign to us all right, title and interest in and to any part of the Site that you may have or acquire together with all intellectual property rights therein. In addition, you warrant that all so-called moral rights in your content have been waived.

You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark. CapeMayCountyHerald.com is a trademark of SeaWave Corporation d/b/a Herald Newspapers. We retain any and all goodwill generated in our marks.

Copyright Infringement. YOU SHALL NOT USE THE SITE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

We have adopted and implemented a policy pursuant to which we may terminate a Member’s Account, or deny access to the Site by a user, who infringes or is believed to be infringing, a copyright or other intellectual property right. In addition, we reserve the right to remove, or disable access to, infringing material.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), we will respond expeditiously to claims of copyright infringement that are reported to our “Designated Copyright Agent” identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to us by providing our Copyright Agent listed below with the following information:

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)       Information reasonably sufficient to permit us to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

(v)        A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(vi)       A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All claims of copyright infringement on or regarding this Site should be delivered to our “Designated Copyright Agent” at the following address:

Copyright Agent: Preston Gibson

Seawave Corporation d/b/a Herald Newspaper

1508 Route 47 South

Rio Grande, NJ 08242

Fax: (609) 866-1879

Email: admin@cmcherald.com

Your Representations and Warranties. You represent and warrant that: (a) you have full power and authority to enter into this Agreement; (b) the execution and delivery of this Agreement, and the performance of your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which you are a party or violate any rights of any third parties arising therefrom; (c) you have and will maintain throughout your use of or access to the all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your content to the Site and permit us to post, perform and display such content, perform its services and provide access to and use of the Site as contemplated under this Agreement, which rights, authorizations, consents and licenses have been obtained and will be maintained in compliance with all applicable laws, rules and regulations and without violating any rights or interests of any third party; (d) your content does not violate any law or regulations and you will use the Site and any information provided to you by us in a manner that complies with applicable laws; (e) you have full technical and editorial control of your content; (f) your content does not and will not, directly or indirectly, infringe any copyright, trademark, United States patent, trade secret right, moral right, rights of publicity or privacy, or any other intellectual property or proprietary right of any third party; (g) you have obtained any and all necessary and appropriate publicity releases from any third party appearing in your content; (h) your content does not and will not in any way violate any laws relating to consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (i) your content (or any material used in your content) will not contain any “back door,” “trap door”, “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “Easter Eggs”, “cancelbots” or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or content processed or stored therein; and (j) you shall use the Site solely for the purposes intended.

Contests and Promotions

From time to time, we may offer contests, sweepstakes or other promotions (“Sweepstakes”) on the Site. You should carefully review the rules (e.g., the “Official Rules”) of each Sweepstakes in which you participate through the Site, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Sweepstakes and as a result of your participation in such Sweepstakes. To the extent that the terms and conditions of such Official Rules conflict with this Visitor Agreement, the terms and conditions of such Official Rules will control.

No Warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE SITE, THIRD-PARTY OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, THIRD-PARTY OFFERINGS, INFORMATION, AND OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, SEARCH ENGINES AND YOUR USE THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE AND OUR LICENSORS AND AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE RELATED TO THE SITE, THIRD-PARTY OFFERINGS, OR THIS AGREEMENT. WE MAKE NO WARRANTY THAT: (A) THE SITE OR THIRD-PARTY OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL OPERATE OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) THE QUALITY OF THE SITE OR THIRD-PARTY OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS SITE MADE ON THE CHATROOMS, DISCUSSION BOARDS, USER POSTINGS, AND THE LIKE BY ANYONE OTHER THAN AUTHORIZED SEAWAVE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.

WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, A USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION THAT RESULTS FROM THE USE OF THE SITE, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE. USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE CHATROOMS, BULLETUN BOARDS, USER POSTIONS, AND THE LIKE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER.

Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.

If you suffer any harm arising out of or connected with your access or use to the Site, you hereby waive all claims against and release us from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or with regard to such disputes (to the extent permissible by applicable law).

Indemnification. You agree to indemnify, defend and hold us and our officers, directors, licensors, employees, successors, agents, affiliates, distribution partners or third-party service providers (collectively, the “Seawave Entities”) harmless from and against any claims, liabilities, losses, damages or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your content or any materials in any form whatsoever that are provided by you or through use of your Account; (b) your conduct, including your access to or use of the Site; (c) any actual or alleged violation or breach of this Agreement or our policies; (d) any breach of any representation or warranty you made hereunder, including but not limited to any claims relating to a violation of a third party’s intellectual property rights or the fact that your content was obscene, defamatory, libelous, slanderous or threatening; (e) your violation of rights of privacy, publicity, confidentiality or property; or (f) any actual or alleged violation of any applicable law or regulation. You agree that you are solely responsible for defending any such claim as set forth above, and for payment of losses or damages suffered by, or awarded to, and costs and expenses incurred by, the Seawave Entities resulting from the foregoing. You agree that you will not enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against you or us, if such settlement or resolution results in any obligation or liability for us.

You agree that we shall have the right, in our sole discretion, to select our own legal counsel to defend us from any such claim (but by doing so shall not excuse your indemnity obligations) and that you shall be solely responsible for the payment of all our reasonable attorneys’ fees incurred in connection therewith.

You agree to notify us immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges pertaining to your content or that could affect either party’s ability to fully perform its duties or to exercise its rights under this Agreement.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE OR ANY SEAWAVE ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS AND SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF THE SITE, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, INCLUDING AS APPLICABLE ANY DAMAGES RESULTING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE IN ANY MANNER WHATSOEVER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND YOUR ACCESS TO AND USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OF OR ERRORS RELATED TO THE SITE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitation or exclusion may not apply to you.

Governing Law. This Agreement has been made in and shall be construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law provisions. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Cape May County, NJ in all disputes arising out of or relating to this agreement or this website.

Severability and Waiver. In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of us to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation by you without our appropriate prior written consent shall be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent.

No Relationship. We act as an interface to facilitate publication of content. For purposes of this Agreement, including your Membership and Account, you are not our employee, agent or contractor, and you shall not represent that you are any of the foregoing. Each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind or attempt to bind the other to any contract. Each party shall be solely responsible for their own costs and expenses incurred in the performance of their obligations under this Agreement, including, without limitation, any expenses associated with the implementation of this Agreement.

Force Majeure. We shall not be liable hereunder by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers, or failure at our co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations effected by the Force Majeure Event for so long as the event continues.

Prohibited Uses.  This Site is not intended for use by persons located within the European Economic Area (EEA). We do not request or accept personal information concerning or supplied by persons who are located within the EEA at the time they access this Site. If you have accessed this Site from within the EEA, you should immediately discontinue your use. If you have supplied personal information to us in violation of this provision, whether through the registration of new user accounts or otherwise, please contact us at admin@cmcherald.com.

Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by us via email (in each case to the address that you provide), (b) by our posting on the Site, or (c) by you via email to admin@cmcherald.com or to such other addresses as we may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

Entire Agreement. This Agreement is the entire and exclusive agreement between us and you regarding the Site, and supersedes and replaces any prior agreements between us and you regarding the Site content.