Terms of Service

Welcome to Peekskillpost.net, owned and operated by Real Media, LLC.

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 The Peekskill Post and you. If you have any questions about the Terms of Service or any other agreement referenced below, please contact us at news@peekskillpost.net.

Scope of the Agreement

By using any of The Peekskill Post Site, you agree to abide by the Terms of Service, as well as our related Privacy Policy located at http://www.peekskillpost.net/privacy-policy.html. The Peekskill Post publishes The Peekskill Post Site for your personal, non-commercial use only. You cannot reproduce, republish, or redistribute material from The Peekskill Post Site in any form, for any commercial purpose, without our express written permission. We may change, suspend, or discontinue any aspect of The Peekskill Post Site 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 Peekskill Post 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 Peekskill Post Site 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 Peekskill Post Site.

Copyright

The Peekskill Post Site 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 Peekskill Post Site is exclusively copyrighted and owned by The Peekskill Post.

By using The Peekskill Post Site, 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 Site.

4.     Terms of Use

The Peekskill Post Site is community site. As such, there are weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. In addition, The Peekskill Post Site 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 Peekskill Post Site is 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 The Peekskill Post 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 The Peekskill Post cannot – and does not – monitor all of the material posted or transmitted to The Peekskill Post Site. As a result, by using any of The Peekskill Post Site, you may be exposed to User Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable.

The Peekskill Post does not control, and is not responsible for, any User Content made available through The Peekskill Post Site by others. Moreover, The Peekskill Post does not endorse, affirm, or make any representations as to any of the User Content made available through The Peekskill Post Site.

If you believe that any User Content does not conform with the standards set forth above, we encourage you to report it to The Peekskill Post at news@peekskillpost.net. We take these reports seriously. However, The Peekskill Post will take action as it deems appropriate. If you disagree with The Peekskill Post decisions, your sole remedy is to refrain from using The Peekskill Post Site.

5.     License to The Peekskill Post For Use of User Content

For all User Content uploaded or submitted by you, you grant to The Peekskill Post 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 The Peekskill Post does not guarantee confidentiality with respect to any User Content you submit. Nonetheless, by submitting User Content to The Peekskill Post, 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 Peekskill Post Site 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 The Peekskill Post is purely optional. However, when you provide any information to The Peekskill Post or register with any The Peekskill Post 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 The Peekskill Post Site also allow you to make purchases. For all charges for any products and services sold on The Peekskill Post Site, The Peekskill Post will bill your credit card or alternative payment method offered by The Peekskill Post. Purchases made through Peekskillpost.net 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 The Peekskill Post 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 The Peekskill Post Site.

8.     Third Parties

You should also be aware that The Peekskill Post Site contain links to third party website or use third-party applications or other online services that are not owned or controlled by The Peekskill Post. The Peekskill Post does not control the content, privacy policies, or practices of any third party website 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 The Peekskill Post, or if you decide to use a third party application not owned or controlled by The Peekskill Post, you do so entirely at your own risk.

9.     Access and Interference

We take pride in Content that we provide to you on The Peekskill Post Site and the community-based site that we maintain. Therefore, by using any of The Peekskill Post Site, 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 Peekskill Post Site or any activities conducted on The Peekskill Post Site; or (iii) bypass any measures we may use to prevent or restrict access to The Peekskill Post Site.

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

In operating The Peekskill Post Site, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available on The Peekskill Post Site. The Peekskill Post will promptly remove materials from The Peekskill Post Site in accordance with the Digital Millennium Copyright Act (“DMCA”), if properly notified that the materials infringe a third party’s copyright. In addition, The Peekskill Post 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 The Peekskill Post Designated Agent:

Attn: Copyright Agent

The Peekskill Post

3527 Stoney St., Unit 3

Mohegan Lake, NY 10547

news@peekskillpost.net

Telephone Number: 845-490-1115

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 Peekskill Post Site the material that you claim is infringing may be found, sufficient for The Peekskill Post 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 The Peekskill Post 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, The Peekskill Post may take steps to give notice to the affected user, which may include a general notice on The Peekskill Post Site, an e-mail to a user’s e-mail address in The Peekskill Post’ records, or by a written communication sent by first-class mail to a User’s address on The Peekskill Post’s records.

If you believe that your material has been removed by mistake or misidentification, please provide The Peekskill Post 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 Peekskill Post 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 The Peekskill Post 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 Peekskill Post Site 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 The Peekskill Post 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.

The Peekskill Post 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 Peekskill Post Site is 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, The Peekskill Post DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE.

12.    Limitation of Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The Peekskill Post OR The Peekskill Post’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “The Peekskill Post 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 The Peekskill Post IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Peekskill Post’ AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID The Peekskill Post FOR ACCESS TO THE SERVICE.

In the event of any problem with The Peekskill Post Site or any content, including user content, you agree that your sole remedy is not to use The Peekskill Post Site. In the event of any problem with the products or services that you have purchased on or through The Peekskill Post Site, 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 The Peekskill Post Site.

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

13.    Indemnity

You agree to indemnify, defend and hold The Peekskill Post, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of The Peekskill Post Site, (b) your breach or violation these Terms of Service or (c) your User Content. The Peekskill Post reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

14.    Termination

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

15.    Choice of Law; Disputes

The Peekskill Post Site is 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 Peekskill Post Site is based in, and the Service is provided from New York in the United States. The Peekskill Post Site shall be deemed a passive website that does not give rise to personal jurisdiction over The Peekskill Post, 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 The Peekskill Post that arises in whole, or in part, from The Peekskill Post Site 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 The Peekskill Post shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of The Peekskill Post.

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

The Peekskill Post 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

The Peekskill Post 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 The Peekskill Post.

20.    Force majeure

The Peekskill Post 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 The Peekskill Post. Except as provided above, any modification to this agreement must be in writing and must be signed by both parties.