TERMS OF USAGE AGREEMENTGeneral Rules and Definitions If you choose to use the Day Publishing Co.'s Web sites, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and The Day Publishing Company (DPC), which includes The Day, theday.com, zip06.com, The Times Community News Group, Shore Publishing and any other affiliated companies and publications, licensors and suppliers. DPC may change, add or remove portions of this Agreement at any time. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. DPC may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. DPC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Content The contents of DPC's Internet service are intended for your personal, noncommercial use. All materials published by the DPC (including, but not limited to, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by DPC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not republish any portion of the Content on any Internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through DPC, not to insert any code or product or manipulate the content of DPC in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Requests to use Zip06 Content for any purpose other than as permitted in these Terms of Service should be directed to Shore Publishing Publisher Robyn Wolcott at email@example.com In certain cases, you may be able to use individual stories through online functionality DPC has specifically designated (i.e., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself. Certain Content is furnished by the Associated Press or other wire services, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. User Content Representations and Warranties By placing material on DPC Web sites, including but not limited to posting content or communications to any forum, discussion, article or blog, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to or libel any person or entity. You agree not to post in a manner that emulates, purports or pretends to be someone else. Under no circumstances are readers posting to DPC Web sites to knowingly use the name or identity of another person, whether that is another reader on this site, a public figure, celebrity, elected official, etc. DPC also reserves the right to pull postings from handles which themselves might be considered objectionable. You agree not to have multiple personalities on DPC Web sites commenting features. Each reader may have only one log-in, with the exception of individuals representing businesses or organizations. These individuals may have one personal account and one business-related account. If you would like to change screen names, please e-mail DPC. Usage of multiple log-ins will result in DPC removing your posting privileges under any screen name. User Content License By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you hereby grant DPC, without compensation to and/or permission from you, a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, wordwide license to: use, preserve, republish, reproduce, publicly perform, modify, translate, archive, store, copy, sublicense, adapt, transmit, publicly display and/or create derivative works from any such communication. This license shall include the right to exploit any proprietary rights in such communication, including without limitation rights under copyright, trademark, servicemark or patent laws. User Content Screening and Removal You acknowledge that DPC and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable. User Content Assumption of Risk DPC cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to DPC is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using DPC Web sites. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any forum, discussion, blog or article, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you. User Content Posting Rules Any decisions as to whether User Content violates any posting rule will be made by DPC in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following posting rules. Violators may be banned.
- If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
Do not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of DPC or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party's uninterrupted use of DPC Web sites.
- contains solicitation of funds, advertising or solicitation for goods or services, without the express approval of DPC. Our comments and submission areas shall be used only in a noncommercial manner.
- uses or attempt to use another's registration account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of DPC Web sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through DPC Web sites or affiliated or linked sites.
- "flames" any individual or entity (i.e., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Unsolicited Material and IdeasDPC is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to DPC. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against DPC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent. Transactions and E-Commerce During your visit to DPC Web sites you may elect to engage in a transaction involving the purchase of a product such as a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. DPC cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. Errors in Advertisements On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree DPC is not responsible for such errors or discrepancies. Notice of Intellectual Property Infringement In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of DPC, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on DPC Web sites, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the site (providing us with Website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DPC copyright agent can be reached as follows:
Copyright Agent, Shore Publishing c/o Day Publishing, 47 Eugene O'Neill Drive, New London, CT 06320
The Day Publishing Company
47 Eugene O'Neill Drive
New London, CT 06320
For Zip06 and Shore Publishing specifically, use the following address:
PO Box 1010
Madison, CT 06443