User Agreement

WEBSITE USER AGREEMENT, COMMENTARY GUIDELINES AND PRIVACY POLICY (hereinafter the “AGREEMENT”)

This AGREEMENT must be read prior to use of acorn-online.com (hereinafter “Website”). By using this Website, you agree to the terms and conditions of this AGREEMENT.

1. DEFINITIONS

The term “Website” as used herein, shall mean acorn-online.com. Any reference herein to “we”, “us”, “our” and “ours” shall be a reference to the Website.

2. CHANGES TO AGREEMENT

We, at any time, reserve the right to change the terms of this AGREEMENT or to modify any features of the Website. Your continued use of the Website, or registration with the Website after any such changes is your acceptance and agreement to such changes.

3. FINANCIAL OBLIGATIONS

We reserve the right to charge for use of the Website at any time in the future. In the event we decide to charge for the Website, we will notify you in advance. You will be given the option of continuing or terminating your use of the Website.

4. COPYRIGHT

All of the information on the Website is a copyrighted work and is protected by the Laws of the United States of America and other countries. This content includes but is not limited to all information, data, the text of articles, general website text, photographs, images, graphics, video and audio content. In addition, each of the articles, content and other elements comprising this website are copyrighted works individually. You are hereby bound and must abide by any and all additional copyright notices and or restrictions contained in this AGREEMENT. When you post content on the Website, you give, grant, and convey to the Website the right to display such content and to distribute such content to its affiliated publications. Any and all postings may also be used by the Website and/or its affiliated publications for promotional and marketing purposes.

5. CONTENT

THE WEBSITE IS AVAILABLE “AS IS”. THE WEBSITE MAY BE DISCONTINUED AT ANY TIME. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE.

6. USE OF CONTENT

Except for instances when you have posted content on the Website or have been given express permission by us to do so, you may not exploit any part of the Website. Included but not limited to copying, reproducing, distributing, publishing, performing, modifying, creating derivative works, or transmitting any part of the Website. You may not distribute any part of the Website over any network, including a local area network. You may not sell or offer any part of the Website for sale. Website files may not be used to construct any kind of database.

7. LIMITATION ON LIABILITY AND INDEMNITY

The Website and Hersam Acorn Newspapers, their affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on the Website (including without limitation as a result of breach of any warranty or other term of this AGREEMENT). Any claim against us shall be limited to the amount you paid, if any, for the use of the Website.

You hereby indemnify, reimburse, and hold harmless the Website and Hersam Acorn Newspapers, their affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this AGREEMENT, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification and reimbursement under this Section. In such event, you shall cooperate with us, included but not limited to providing information, signing agreements, and the like.

YOU ARE RESPONSIBLE FOR ALL STATEMENTS MADE OR MATERIALS POSTED UNDER YOUR ACCOUNT ON THE WEBSITE. YOU HEREBY INDEMNIFY AND HOLD THE WEBSITE AND HERSAM ACORN NEWSPAPERS FREE OF LIABILITY FOR HARM CAUSED BY SUCH STATEMENTS OR MATERIALS. YOU MAY NOT TRANSFER, SELL, OR OTHERWISE ASSIGN YOUR RIGHTS OR OBLIGAIONTS UNDER THIS AGREEMENT. YOU ARE RESPONSIBLE FOR ALL CHARGES, IF ANY, INCURRED WHILE YOUR ACCOUNT IS BEING USED, INCLUDING, BUT NOT LIMITED TO, ANY CHARGES FOR ANY GOODS OR SERVICES.

8. MALICIOUS SOFTWARE

We intend to take reasonable steps to prevent the introduction of malicious software such as viruses, worms, or other destructive materials to this Website. HOWEVER, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM IT DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. We are not liable for any damages or harm attributable to such features.

COMMENTARY GUIDELINES

1. DEFINITION

The term “User Account” as used herein, shall mean any Website account created by a member of the public that allows the user to communicate with other people and/or entities through use of the Website.

2. ACCOUNT REGISTRATION

When you create an account on the Website, you shall provide true, accurate and complete registration information. If we, in our sole and absolute discretion, believe that any such information is inaccurate or incomplete, we reserve the right to suspend or terminate your account. You must be over the age of 13 years, in compliance with the Children’s Online Privacy Protection Act (15 U.S.C. § 6501). When prompted, you must provide a valid e-mail address and date of birth. You must select a username and password. You will be personally responsible for all activities related to your username. You are responsible for keeping your password secure.

3. CONTENT

YOU ACKNOWLEDGE AND AGREE THAT YOU USE AND/OR RELY ON ANY INFORMATION OBTAINED THROUGH THE COMMENTARY FORUMS AT YOUR OWN RISK. THE WEBSITE DOES NOT IN ANY MANNER ENDORSE THE CONTENT OF THE DISCUSSION FORUMS AND CANNOT AND DOES NOT VOUCH FOR ITS RELIABILITY.

YOU WILL NOT KNOWINGLY POST CONTENT THAT VIOLATES ANY COPYRIGHT, TRADEMARK, PATENT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PERSON. YOU WILL NOT POST CONTENT THAT IS LIBELOUS, DEFAMATORY, OBSCENE, ABUSIVE, VIOLATIVE OF A THIRD PARTY’S RIGHT TO PRIVACY, THAT OTHERWISE VIOLATES ANY APPLICABLE LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, OR THAT IS OTHERWISE INAPPROPRIATE. YOU WILL NOT POST CONTENT THAT IS LIBELOUS, DEFAMATOR, OBSCENE, ABUSIVE, OR OTHERWISE DEGRADING OF OTHERS BASED ON GENDER, RACE, CLASS, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL PREFERENCE, DISABILITY OR OTHER CLASSIFICATION. YOU WILL NOT POST EPITHETS OR OTHER LANGUAGE INTENDED TO INTIMIDATE OR TO INCITE VIOLENCE. YOU WILL NOT IMPERSONATE OTHERS. YOU WILL REMOVE THE SAME SHOULD YOU DISCOVER THAT YOU HAVE VIOLATED THIS PROVISION. YOU UNDERSTAND AND AGREE THAT THE DISCUSSION FORUMS ARE TO BE USED FOR NON-COMMERCIAL PURPOSES ONLY. YOU CANNOT SOLICIT FUNDS, PROMOTE COMMERCIAL ENTITIES OR OTHERWISE ENGAGE IN COMMERCIAL ACTIVITY IN OUR DISCUSSION FORUMS. YOU WILL REMOVE THE SAME SHOULD YOU DISCOVER THAT YOU HAVE VIOLATED THIS PROVISION.

You hereby indemnify the Website and Hersam Acorn Newspapers, their employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys’ fees) resulting from any claim brought by any third party relating to content posted by you.

We reserve the right to: monitor any user-generated content as we choose; remove, edit or otherwise alter content that we deem inappropriate for any reason whatever, without consent; to, in our sole and absolute discretion, remove a user’s privilege to post content on our site for any reason.

4. TEXT ONLY

The commentary forums are for text only; the use of graphics and audio is prohibited.

5. LICENSE TO USE

For any content that you post, you hereby grant to Website the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

PRIVACY POLICY

1. PREAMBLE

Part of the AGREEMENT explains to the user how the information provided to the Website is used. This only applies to information collected by the Website. It does not govern or apply to information collected or used by the Website or its affiliates through separate efforts.

2. USE OF SUBMITTED INFORMATION

When prompted to enter personally identifiable information while you are using the Website, you are providing that information to the Website and Hersam Acorn Newspapers only. We will not willfully disclose said personal information to any third party without first informing you and obtaining your consent to release such information.

You must provide your e-mail address, date of birth, and other information personal to you when registering for an account with the Website. Such information may be used by us for editorial purposes including, but not limited to, contacting you as part of an on-line survey, informing you of your account status, providing you with notice of changes to the AGREEMENT, or exciting offers and opportunities available exclusively to Website registrants.

THE WEBSITE HAS SECURITY AND MANAGERIAL PROCEDURES IN PLACE TO PROTECT THE INFORMATION WE COLLECT ON-LINE. HOWEVER, ALTHOUGH THESE MEASURES ARE QUITE EFFECTIVE, THERE IS NO GUARANTEE THAT THE INFORMATION YOU SUPPLY TO WEBSITE WILL NOT BE INTERCEPTED WHILE BEING TRANSMITTED TO US OVER THE INTERNET, OR OTHERWISE PROCURED WITHOUT OUR CONSENT. YOU ACCEPT THIS RISK AND WILL NOT HOLD THE WEBSITE OR HERSAM ACORN NEWSPAPERS, THEIR SUCCESSORS AND/OR ASSIGNS, LIABLE IN ANY MANNER.

GENERAL PROVISIONS

1. ACCEPTANCE AND AGREEMENT

You accept and agree to abide by all of the terms and conditions of this AGREEMENT.

2. GOVERNING LAW

This Agreement shall be governed by the laws of the United States and the State of Connecticut.