These terms and conditions (the "Terms") govern your access to and use of www.SuburbanEssex.com’s website and/or mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Vicinity Media Group, Inc., a New Jersey corporation headquartered in Fairfield, New Jersey ("VMG"), the parent company of Suburban Essex magazine and www.SuburbanEssex.com. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to VMG.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as endorsements and information that you publicly display or is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "VMG Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than VMG or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and VMG Content.
B. Changes to the Terms of Service
We may modify the Terms from time to time. The most current version of these Terms is located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
C. Using the Site
To access or use the Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site or closed your account.
- 2. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- 3. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We will do our very best to provide you with the best content possible, but we cannot guarantee the stability of the many servers, telecommunication lines, networks or Internet Service Providers between us and you at all times.
- 4. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site including, but not limited to, voting in the Best of Essex contest. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- 5. Communications from VMG and other Users
a. By creating an account, you agree to receive certain communications in connection with the Site. For example, you will receive our e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications, please email us at: firstname.lastname@example.org
b. VMG complies with the federal CAN-SPAM Act of 2003. We will not sell, rent, swap, share or authorize any third party to use your email address without your prior permission. If you have received an email from us in error, please email us at: email@example.com.
c. Emails You Send to VMG: If you send emails to VMG, the information disclosed in those emails may not be secure or encrypted and consequently might be available to others. Exercise caution when deciding to disclose any confidential or personal information in emails.
- 1. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by VMG.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- 2. Our Right to Use Your Content
We reserve the right to approve Your Content prior to it being made public on the Site. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against VMG and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- 3. Ownership
As between you and VMG, you own Your Content. We own the VMG Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the VMG Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the VMG Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the VMG Content are retained by us.
- 4. Advertising
VMG and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- 5. Content Feeds
We may make some of the Site Content ("Feed Content") available via Real Simple Syndication ("Feed"). You may access and use the Feed in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on VMG’s websites, and attributes VMG as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that VMG promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden VMG’s systems. VMG reserves all rights in the Feed Content and may terminate the Feed at any time.
- 6. Other
User Content (including any that may have been created by users employed or contracted by VMG) does not necessarily reflect the opinion of VMG. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove an endorsement if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate our Content Guidelines, for example, by writing a fake or defamatory endorsement, trading endorsements with other businesses, or compensating someone or being compensated to write or remove an endorsement;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except as expressly permitted by VMG;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by VMG;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on VMG’s technology infrastructure or otherwise make excessive traffic demands of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law.
F. Guidelines and Policies
1. Content Guidelines
You represent that you have read and understood our Content Guidelines.
b. Personal Information Collected. VMG, through the Site, may collect and use information about you including, but not limited to the following: special deals ordered and delivered, identification data (contact information), profile information (email address, zip code and any information you choose to include in your public profile), electronic identification data (IP addresses, etc.), survey results, information about usage of and interaction with the Site’s software (computer and connection information, device capability, bandwidth, statistics on page views, and Web site traffic) and correspondence between you and VMG.
d. What VMG Does With Information We Collect About You. We use the information gathered for statistical analysis to inform you about Site updates and faults, request feedback or participation in on-line surveys and verify your identity. VMG may perform statistical, demographic and marketing analyses of subscribers, and their subscribing and purchasing patterns, for product development purposes and to generally inform advertisers about the nature of our subscriber base and to improve customer relationships. We also use such demographic and preference information to allow advertising to be targeted, in aggregate, to the users for whom such advertising is most pertinent.
e. Children Under 13. Please do NOT send any information about yourself to us. All data inadvertently collected from a child under 13 years of age will be purged from our system and all of our records. We do not knowingly collect or store any personal information, even in aggregate, about children under the age of 13 in accordance with COPPA (Children’s Online Privacy Protection Act).
f. Data Security. Unfortunately, we cannot guarantee the security of our database or that any information you supply will not be intercepted while being transmitted to us. While we do have physical, electronic, and managerial procedures in place to protect information we collect, they do not provide any guarantee.
g. Cookies and How They Are Used. As with many websites, our Site uses a "cookie" to store and sometimes track information about you. It is also used to recognize you and your access privileges. We may use that information to prevent you from having to duplicate the log-in procedures, to see what links you have accessed, and to see your participation in any of our contests, surveys, and promotions. Advertisers and other vendors on our Service may also use their own cookies. You may opt-out of the cookies delivered by us by changing the setting on your browser. Please be aware that this will disable all cookies delivered to your browser, not just the ones delivered by the Site. You will not, however, be able to opt-out of cookies placed by a third-party host service.
Your computer may save information, such as your log-in name and/or password, to make returning to a web site easier. If you clear your cookies, you may lose that saved data and be required to type in your log-in name and password each time you visit our site and others.
3. Intellectual Property
This Site, including, but not limited to text, photographs, graphics, video and audio is intended for personal, non-commercial, use and is protected by copyright and other intellectual property rights under U.S. and international law. Accordingly, you must comply with all applicable copyright laws, notices and other restrictions posted on the Site.
G. Site Deals and Site Advertising
If you purchase a Site Deal, the terms of your purchase will be governed by the Site General Terms for Deals. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Site General Terms for Deals and these Terms, the Site General Terms for Deals will prevail.
Similarly, if you purchase advertising from VMG, the Contract for Advertising will apply. In the event of any conflict between the Contract for Advertising and these Terms, the Contract for Advertising will prevail.
H. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against VMG, the Site and its users any claims and assertions of any moral rights contained in such Feedback.
- I. Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the Third Party Content, including but not limited to business listing information and business photos on the Site, is the proprietary and copyrighted work of such businesses. You may not distribute, sell, rent, sublicense, or lease such Third Party Content, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.
You agree to indemnify, defend, and hold VMG, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "VMG Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. VMG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of VMG. VMG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
K. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE VMG ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE VMG MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. VMG MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, VMG IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, ENDORSEMENTS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- VMG MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, VMG IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- VMG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE VMG ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- VMG’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO VMG IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- VMG DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
L. Choice of Law and Venue
New Jersey law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and VMG (a "Claim"), without regard to conflict of law provisions. All causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action, in the Courts of the State of New Jersey, Essex County.
- We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections A, D-E, I-L and N will continue in full force and effect, including our right to use Your Content as detailed in Section D.
N. General Terms
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Except as otherwise stated in Section I above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on VMG’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with VMG’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
We prohibit the use of any content framing, inline links and mirrors. You may not frame or mirror any elements of SuburbanEssex.com without our prior written permission. Unauthorized framing or mirroring constitutes a material breach of these Terms of Service.
Presenting any of our web pages on a third party web site such that the absolute URL of the page on SuburbanEssex.com is not displayed in the browser address bar is not an acceptable method of linking.
If you believe that any Content from our Service has been reproduced without permission, is being used inappropriately or if you think that your content or the content of a third party has been unlawfully used or reproduced on the Service, please notify by mail to Cathleen Black, President, Vicinity Media Group, 165 Passaic Avenue, Fairfield, NJ or by email at CBlack@VicinityMail.com.
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to VMG that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which VMG may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Just as we strive to protect our own Content, we also hope to respect the rights of other content sources. Should you see something on our site you believe we aren’t entitled to publish, please contact us at firstname.lastname@example.org.