published on the
Creative Commons website
last accessed on December 15, 2010, and used with permission under a
Creative Commons Attribution 3.0 license.
1. General Information.
2. Your Agreement to the Terms.
YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website. (Return to top)
3. Changes to the Terms.
From time to time, we may change, remove, add to (including without limitation any additional Terms) or otherwise modify the Terms, and reserves the right to do so at our discretion. In that case, we will post the updated Terms and indicate the date of revision. We encourage you to periodically review the Terms. We are not required to display a notice on the Website indicating that the Terms have changed. All new and/or amended Terms take effect immediately. If you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
4. Use of the Website
You may use this Website for personal or non-commercial purposes. If you want to use the Website in any other manner, you are required to obtain a separate agreement with us or our prior written consent. The Website contains information on local history, Society activities and events, online resources, information relating to third parties, images, video, audio and other materials. The Website provides you with the option to receive email notifications which may include other ways to access this information. Although we try our best to ensure the accuracy of our content, we and the Society make no guaranty that such information is accurate and your use of the information we provide is at your own risk. If you identify an error or inaccuracy, please let us know. You agree that you will not hold us or the Society liable for any inaccurate, incomplete, outdated or missing information on the Website. (Return to top)
5. Registered Users.
You may use the Website without registration (i.e., signing up with a email address and password). However, in order to access some aspects of the Website, you will need to register as a site member. Registration as a site member does NOT grant you membership in the Stoneham Historical Society. To become a member of the Stoneham Historical Society, you must follow the instructions on the membership form and mail it with a check for the yearly dues amount, to: Stoneham Historical Society, 36 William Street, Stoneham, MA 02180. (Return to top)
Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to aspects of the site provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. By registering for an account at the Website, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and gain access to aspects of the site made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms of Agreement.
We reserve the right to modify or discontinue the accounts of Registered Users at any time, and disclaim any and all liability to Registered Users and third parties in the event that we exercise our right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you as may be prompted by the registration process on the Website, (b) maintain the security of your password and identification, (c) maintain and promptly update your registration information and any other information you provide to Stoneham History, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Stoneham History has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
No Membership in the Stoneham Historical Society; As used in these Terms, "Registered User" means a person who has registered and obtained an account on the Website. Becoming a Registered User does not and shall not be deemed to make you a member, shareholder or affiliate of the Stoneham Historical Society for any
purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User terminates automatically upon your breach of any of these Terms.
In addition, we may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change the Website and any applicable Terms and policies governing your user account and related Website access for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as we deem appropriate in our discretion. Your access to your account, and use of the related Website services may be terminated by you or by us at any time and for any reason whatsoever, without notice.
WE RESERVE THE RIGHT TO DELETE AND PURGE ANY ACCOUNT AND ALL CONTENT ASSOCIATED THEREWITH FOR ANY REASON AS MY BE DETERMINED BY US AT OUR COMPLETE DISCRETION. (Return to top)
6. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE WEBSITE AS-IS AND NEITHER WE NOR THE SOCIETY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. (Return to top)
7. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE OR THE SOCIETY BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE OR THE SOCIETY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR THE SOCIETY SHALL BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE. (Return to top)
You agree to indemnify and hold us and the Society harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold us and the Society harmless from and against any and all claims brought by third parties arising out of your use of any of the Website and the Content you make available via any of the Website services by any means, including without limitation through a posting, a link, reference to Content, or otherwise. (Return to top)
The Website may contain trademarks, service marks, logos and other names that are the property of the Stoneham Historical Society as indicated with respect to that name or icon. In the case of Stoneham Historical Society trademarks, logos and icons, these may only be used in accordance with Stoneham Historical Society trademark policy and are not subject to the license granted herein by the Website Creator. For information regarding your use of the Society's trademarks, logos and icons, please contact the Stoneham Historical Society at [email protected]. (Return to top)
10. Your License from the Website Creator.
All of the content on the Website is licensed under an Attribution-NonCommercial-NoDerivatives Creative Commons 3.0 type license agreement. You are allowed to download, print and share the contents of this website, including news, feature stories, images, video, audio and other materials, as long as you credit the writer or creator, do not change them in any way, and do not use them commercially. If you are not sure who to credit, please contact us at [email protected]. We encourage the use of our materials for nonprofit, educational purposes. (Return to top)
11. Your License to the Website Creator.
We allow you to post content (e.g., comments) in our Guestbook and on your membership page. This Content belongs to you. However, in posting content to the Website, you hereby grant us a Creative Commons 3.0 type license agreement as described above (i.e., Attribution-NonCommercial-NoDerivatives). However, we do not endorse any content submitted to the Website by any user or member, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with member posted content. We reserve the right to remove any content posted to the Website by site members without warning or notification. (Return to top)
12. Acceptable Use Policy.
The Website Creator expects all of users to be respectful of others. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, please report it to [email protected].
You are solely responsible for the content that you post on the Website or transmit to other users. By using the Website, you agree that you will not hold us or the Society responsible or liable for any content from other users that you access on the website.
Some types of content are prohibited. Below is list of prohibited items, but these are merely examples and the list is not intended to be exhaustive. We will make the sole determination as to whether content is acceptable for the Website. Without limitation, you agree that you will not post or transmit to other users anything that contains content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights;
violates any party's right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains "masked" profanity (e.g., [email protected]&#)
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; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
We do our best to monitor what is posted on the site, however we are under no obligation to screen or monitor content. We may review content from time to time at our sole discretion to determine compliance with this Acceptable Use Policy. We will make all determinations as to what content is appropriate at our sole discretion and may remove any Content at any time without notice.
We do not collect any personally identifiable information of our site visitors. Any information we do collect (e.g., location, referral link, time spent on site, etc.) is limited to 30 days. (Return to top)
In order to provide you with as much relevant information as possible, the Website may contain links to other websites not maintained by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Website by a site member. Be aware when you leave our website, you are bound by the terms and conditions and privacy statements of each and every website you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Website, we do not endorse and are not affiliated with such third parties. (Return to top)
15. Our Proprietary Rights.
17. Waiver; Remedies.
18. Contact Information.