TERMS OF SERVICE

Welcome to Strausnews.com, owned and operated by Straus News, and its sister sites, which include but are not limited to advertisernewsnorth.com, advertisernewssouth.com, spartaindependent.com, townshipjournal.com, warwickadvertiser.com, thephoto-news.com, chroniclenewspaper.com, westmilfordmessenger.com, pikecountycourier.com, nypress.com, and dirt-mag.com (collectively the “Straus News Sites”)!  We are committed to providing you with an interactive and positive experience, while at the same time protecting our rights and the rights of our users.  This Terms of Service is a legal agreement between Straus News and you.  If you have any questions about the Terms of Service or any other agreement referenced below, please contact us at nyoffice@strausnews.com.

 

  • Scope of the Agreement

By using any of the Straus News Sites, you agree to abide by the Terms of Service, as well as our related Privacy Policy located at http://www.strausnews.com/privacy-policy.html.  Straus News publishes the Straus News Sites for your personal, non-commercial use only.  You cannot reproduce, republish, or redistribute material from the Straus News Sites in any form, for any commercial purpose, without our express written permission.

We may change, suspend, or discontinue any aspect of the Straus News Sites at any time, including the availability of any feature or any piece of content.  We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  • Changes to the Terms of Service or Privacy Policy

Any changes to the Terms of Service or Privacy Policy will be: (a) posted on the Straus News Website; (b) shall become effective immediately upon posting; and (c) will not apply retroactively unless indicated otherwise.  We will do our best to notify you of any changes to either agreement.  However, you should periodically check the Straus News Sites to see whether we changed either agreement.  If you do not accept any changes that we make to either agreement, your sole remedy is not to use the Straus News Sites.

  • Copyright

The Straus News Sites consists of, and contains, news articles, opinions, reviews, directories, guides, photographs, images, graphics, illustrations, audio clips, source code, software, databases, and other text and data (collectively, the “Content”).  Unless indicated otherwise, all of the Content on the Straus News Sites is exclusively copyrighted and owned by Straus News.

By using the Straus News Sites, you agree not to use any of the Content for commercial purposes.  You also agree to abide by any additional copyright notices, information, or restrictions associated with any of the Content on the Straus New Sites.

4.         Terms of Use
The Straus News Sites are community sites.  As such, there are weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information.  In addition, some of the Straus New Sites may allow you to upload or otherwise submit videos, audio files, audiovisual combinations, still images, graphics, text, and/or other content (collectively, including comments, “User Content”).

Any User Content that you submit must not:

  • Contain any copyrighted material that has not been adequately cleared prior to submission, including but not limited to news articles, music, movies, books, television programming, artwork, sculpture, photographs, characters, plot elements, descriptions, or any other material protected by copyright;
  • Violate the privacy rights or rights of publicity of any person or impersonate or otherwise misrepresent affiliation, association, or connection with, any person or entity;
  • Include any third party trademarks, logos, insignia, or location signage or identify or promote the goods or services of any third party;
  • Include any personally identifiable information about a person under the age of thirteen (13) years; or
  • Violate any law.

If the User Content includes any statements that are offered as facts, you also must believe those statements to be true and have a reasonable basis for such belief.
Moreover, in order to ensure that the Straus News Sites are welcoming to all users, all submitted User Content should not:

  • Contain material or depict or promote activity that is offensive, threatening, profane, harassing, sexually explicit, discriminatory (e.g., based on race, sex, religion, natural origin, physical disability, sexual orientation or age), obscene, pornographic, violent, (e.g., relating to murder, the sale of weapons, cruelty, abuse, etc.), or illegal (e.g., underage drinking, substance abuse, computer hacking, etc.).

 

  • Contain any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware equipment.
  • Contain any form of advertising or solicitation, including “affiliate marketing,” “link referral code,” “junk mail,” or “spam.”

 

In addition, when leaving comments or otherwise posting or sending communications through a Straus News Site, we request that you do not:

  • Contact anyone who has asked not to be contacted;

 

  • “Stalk” or otherwise harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Post irrelevant comments, repeatedly post the same or similar comments, or otherwise impose an unreasonable or disproportionately large number of comments, which disrupts the normal flow of dialogue; or

 

  • Use a misleading email address or otherwise disguise your identity.

You should be aware that Straus News cannot – and does not – monitor all of the material posted or transmitted to the Straus News Sites.  As a result, by using any of the Straus News Sites, you may be exposed to User Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Straus News does not control, and is not responsible for, any User Content made available through the Straus News Sites by others.  Moreover, Straus News does not endorse, affirm, or make any representations as to any of the User Content made available through the Straus News Sites.

If you believe that any User Content does not conform with the standards set forth above, we encourage you to report it to Straus News at nyoffice@strausnews.com.  We take these reports seriously.  However, Straus News will take action as it deems appropriate.  If you disagree with Straus News’ decisions, your sole remedy is to refrain from using the Straus News Sites.

5.         License to Straus News For Use of User Content

For all User Content uploaded or submitted by you, you grant to Straus News a non-exclusive, worldwide, perpetual, irrevocable, fully paid up, transferable license, with the right to grant and authorize sublicenses, to use, copy, prepare derivative works of, publicly perform, display, post, publish, transmit, syndicate and distribute the User Content you upload to the Service for any purpose and in any media now known or hereafter devised.  In addition, you hereby grant permission for the use of the name, likeness, voice, photograph, image, and personality of any person depicted or identified in the User Content, to the extent you provide such information in or with the User Content.  You will not be entitled to any compensation for the grant of the foregoing rights, and you further understand that Straus News does not guarantee confidentiality with respect to any User Content you submit.

Nonetheless, by submitting User Content to Straus News, you are not giving up all rights to your User Content.  You still retain ownership of all User Content submitted unless otherwise agreed to in writing.

6.         Membership and Submission of User Information

Certain areas of the Straus News Sites may require registration or may ask you to provide information to participate in certain features or access content, including personally identifiable information such as your first and last name, address, or email address. The decision to provide any information to Straus News is purely optional.  However, when you provide any information to Straus News or register with any Straus News Site, you agree to provide only true, accurate, current, and complete information.  You accept responsibility for all activities that occur under your account or password.

7.         Fees and Purchases

Some Straus News Sites also allow you to make purchases.  For all charges for any products and services sold on the Straus News Site, Straus News will bill your credit card or alternative payment method offered by Straus News.  Purchases made through Strausnews.com require that you supply your name, address, telephone number, e-mail address, credit card number, or other billing information.  To enable the purchase of photographs and other products, we collect and store billing and credit card information.  This information only will be shared with third parties who perform tasks required to complete the purchase transaction.  Examples of this include fulfilling orders and processing credit card information.

In the event legal action is necessary to collect on balances due, you agree to reimburse Straus News for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.  You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Straus News Sites.

8.         Third Parties

You should also be aware that the Straus News Sites contain links to third party websites or use third-party applications or other online services that are not owned or controlled by Straus News.  Straus News does not control the content, privacy policies, or practices of any third party websites or any third-party application.  Please review the terms of service, including privacy policies, of such third parties.  If you decide to access any other website linked to or from Straus News, or if you decide to use a third party application not owned or controlled by Straus News, you do so entirely at your own risk.

9.         Access and Interference

We take pride in Content that we provide to you on the Straus News Site and the community-based sites that we maintain.  Therefore, by using any of the Straus News Sites, you agree that you will not use any robot, spider, scraper or other automated means to access any such site for any purpose without our express written permission.  Additionally, you agree that you will not:  (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Straus News Sites or any activities conducted on the Straus News Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Straus News Sites.

10.       Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Straus News Sites, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available on the Straus New Sites.  Straus News will promptly remove materials from the Straus News Sites in accordance with the Digital Millennium Copyright Act (“DMCA”), if properly notified that the materials infringe a third party’s copyright.  In addition, Straus News may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Pursuant to Title 17, United States Code, Section 512(c)(2) and (d), notifications of claimed copyright infringement must be submitted to the following Straus News Designated Agent:

Jeanne Straus
Copyright Agent
Orange County, New York
20 West Avenue
Chester, NY 10918-1053
nyoffice@strausnews.com
Telephone Number: (845) 469-9000

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where on the Straus News Site the material that you claim is infringing may be found, sufficient for Straus to locate the material (e.g., the URL).

 

  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • Information reasonably sufficient to permit the service provider Straus News to contact you, such as an address, telephone number, and (if available) an email address where you may be contacted.

 

  • A statement that you have 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.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  • Any other requirements under U.S. law.

In response to such a written communication, Straus News may take steps to give notice to the affected user, which may include a general notice on the Straus News Sites, an e-mail to a user’s e-mail address in Straus News’ records, or by a written communication sent by first-class mail to a User’s address on Straus News’s records.

If you believe that your material has been removed by mistake or misidentification, please provide Straus News with a written counter-notification to the above address containing the following information:

  • Your name, address, and telephone number.

 

  • A description of the material that was removed and the location on the Straus News Site (e.g., the URL) where it previously appeared.
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

 

  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Straus News may be found (which includes the United States District Court for the Southern District of New York).
  • A statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

 

  • Your electronic or physical signature.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice.  That person may elect to file a lawsuit against you for copyright infringement.  If we do not receive notice that a lawsuit has been filed within ten business days after we provide notice of your counter-notification, we will restore the removed materials.  Until that time, your materials will remain removed.

If you believe that any content or activity on any of the Straus News Sites raises legal issues affecting other than copyright (by way of example, trademark, privacy, disparagement), you may follow the procedures outlined above for DMCA claims and a representative of Straus News will investigate.

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements.  If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly.  If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate.  UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

Straus News may disclose any communications concerning DMCA notices or other complaints submitted by users under the procedures outlined above for DMCA, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information

11.       No Warranty

THE STRAUS NEWS SITES ARE PROVIDED “AS IS,” WITH ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITATION, STRAUS NEWS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE.  STRAUS NEWS DOES NOT WARRANT THE PERFORMANCE BY OR CONDUCT OF PRODUCERS, ANY OTHER USERS, OR OTHER THIRD PARTIES. 

12.       Limitation of Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STRAUS NEWS OR STRAUS NEWS’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “STRAUS NEWS AND ITS AFFILIATES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, INTERRUPTION OF BUSINESS, RESULTING FROM THIS AGREEMENT, THE SERVICE, OPERATION OF THE SERVICE, ACTIONS REGARDING YOUR USER CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT STRAUS NEWS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRAUS NEWS AND ITS AFFILIATES TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID STRAUS NEWS FOR ACCESS TO THE SERVICE.

In the event of any problem with The STRAUS NEWS Sites or any content, INCLUDING USER CONTENT, you agree that your sole remedy is to cease using this website.  In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on thE APPLICABLE STRAUS NEWS SITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF STRAUS NEWS AND AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13.       Indemnity

You also agree to indemnify, hold harmless, and defend Straus News against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against Straus News and its Affiliates, in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the promises, statements, representations, and warranties.

In addition to the obligation of indemnification, above, you agree to use your best efforts to assist Straus News in the investigation and resolution of any third party claim or assertion in consistent with your representations and warranties.  You agree to provide such assistance promptly upon receipt of notice from Straus News of such claim or assertion and at no charge

14.       Termination

In the exercise of its discretion, Straus News may suspend or terminate your access to the Straus News Sites, remove or limit your access to Content available on the Straus News Sites, remove any User Content that you submit, or disable any user account you may have with Straus News.  Straus News may take such actions without prior notice and without any resulting liability.

15.       Choice of Law; Disputes

The Straus News States are delivered from New York, and the Terms of Service and Privacy Policy are deemed entered into and performed in the State of New York.  You agree that the Straus News Sites are based in, and the Service is provided from New York in the United States.  The Straus News Sites shall be deemed a passive website that does not give rise to personal jurisdiction over Straus News, either specific or general, in jurisdictions other than New York.  This Agreement shall be governed by New York law, without respect to its conflict of law principles. 

Any claim or dispute between you and Straus News that arises in whole, or in part, from the Straus News Sites shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures if applicable, in which any claimant party must participate in its individual capacity, rather than as a plaintiff or class member in a class or representative proceeding.  Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.  The arbitration will be conducted in the English language in New York, New York, in accordance with the United States Arbitration Act, but any party to such an arbitration may elect to participate by telephone.  Any action to resolve a dispute arising out of or related to this Agreement must be commenced within one year after the date of the event giving rise to the claim and will be subject to limited discovery.  Otherwise, such causes of actions are permanently barred.

16.       No Implied Waiver

No waiver by Straus News shall be implied.  Any waiver of any term of this Agreement must be in writing and signed by an officer of Straus News.

17.       Severability

If any portion of the Terms of Service, or any other agreement referenced in the Terms of Service, is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable.  The remaining provisions of the Terms of Service will remain in full force and effect.

18.       International Considerations

Straus News makes no representations that the Service is appropriate or available for use in locations other than the United States.   Those who access or use the Service from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.

19.       Assignment

Straus News may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.  You may not assign or transfer any membership account, without the prior consent of Straus News.

20.       Force majeure

Straus News will not be liable for any failure or delay in its performance due to any cause beyond its reasonable control, including act of war, acts of God, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment.

21.       Entire Agreement

This Agreement (including the Privacy Policy) is the entire Terms of Service between you and Straus News.  Except as provided above, any modification to this agreement must be in writing and must be signed by both parties.

 

 


UPDATE

November 2013