Terms and Conditions of Use

The following terms and conditions of use apply to all websites of New England Newspapers, Inc. (NENI), including www.berkshireeagle.com, www.reformer.com, www.benningtonbanner.com and www.manchesterjournal.com.

 

Welcome to this website, an interactive online service operated by NENI. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms and Conditions of Use”). If you do not agree to these Terms and Conditions of Use, please do not use this site. NENI reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

 

Copyright and Trademarks

This website contains copyrighted material, trademarks and other proprietary information including, text, software, photos, video, graphics, music and sound. All content included on this site, such as text, software, photos, video, graphics, music, sound, and logos, is protected by copyrights, trademarks, and other rights, which are owned and/or controlled by NENI or by other parties. NENI owns a copyright in the selection, coordination arrangement and enhancement of such content, as well as the content original to it. Each third-party content provider owns the copyright in content original to it. You may use material from this site only for your own personal, non-commercial use. This site or any portion of this site may not be modified, published, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by NENI or expressly permitted under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Just as this website requires users to respect our copyrights and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on This website without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Fredric Rutberg, President, New England Newspapers, Inc., 75 South Church St., Pittsfield MA 01201, or by e-mail at president@berkshireeagle.com.

 

Fair Use

NENI has always taken copyright issues very seriously, both as a creator of content and as a user of other people’s content. In fact, everything that appears in a typical edition of the newspaper is copyright protected.

Nonetheless, our work is illegally reproduced everyday on websites across the country. The federal Copyright Act protects our right and our readers’ rights to make fair use of copyrighted content. We have no issue with people who quote a small amount of a NENI story so as to comment on it, perhaps even criticize us. That’s the essence of free speech in a vigorous democracy.

But fair use of our content restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. (We also request users provide a link to the entire work on our website). The fair use rule generally does not entitle users to display the whole story or photograph on their website. To do so is a violation of our copyright and we will use all legal remedies available to address these infringements.

We understand people may want to share what they find interesting in our publication. This is a reminder that there is a right way to do it.

Finally, thank you for your continued support. We intend to remain a vital and trusted source for unique and unduplicated reporting on the concerns and issues affecting you and this community.

Linked Sites

This site may contain links to other sites on the Internet (“Linked Sites”). NENI is not responsible for the content, advertising, products or other materials made available on or through any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk. NENI shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

NENI welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by NENI, This website, or any group or individual affiliated with NENI. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.
Interactive Areas

Any forums, bulletin boards and chat rooms that may be included on this website are provided to give users interesting and stimulating forums in which they can express their opinions and share their ideas. By posting opinions, comments, or ideas on this website, you grant NENI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any form, media, software or technology of any kind. You also grant NENI the right to use your name in connection with the reproduction or distribution of such material.

This website does not accept unsolicited materials or ideas for use or publication in their newspapers, broadcast programming, books or other digital and electronic media except in connection with the forums, chat rooms and bulletin boards on This website. NENI shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to This website.

Submission

NENI considers any content that you submit to NENI through its websites to be available and authorized for publication by NENI or its affiliates. You should understand that by submitting content to NENI, you are indicating both that you: (a) own the rights in the content, or that you otherwise have the right to authorize NENI to use the content; and (b) believe any information you have submitted is accurate and current. As a result, when you submit content to NENI, you should be sure that you actually have the right to authorize NENI to use the content. For example, just because you have a copy of a photograph, such as a yearbook picture, even when the photograph is a picture of you, your possession of that copy does not necessarily mean that you own the copyright in that photograph.

Assuming that you do actually own the rights in the content that you submit to NENI, you can rest assured that you are not giving up your ownership of the rights, including the copyright, in that content when you submit the content to NENI. But, you are giving NENI and its affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the content that you have submitted, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the content.

The bottom line is that under this license, you have no further right to control how NENI or its affiliates use the content you have provided, regardless of how NENI chooses to use that content, in whatever form, in whatever medium, for whatever purpose, forever.

And, you have agreed to give this license to NENI for no compensation other than NENI s agreement to provide attribution to you for the content.

If you do not wish to convey this license to NENI, then you should not submit the content to NENI.

Disclaimer

THIS SITE IS PROVIDED BY NENI ON AN “AS IS” BASIS. NENI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INDLUCED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NENI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NENI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify NENI and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use or misuse of this site.

Applicable Law

This site is created, operated and controlled by NENI from its offices within the State of Massachusetts, U.S.A. NENI makes no representation that material on this website is appropriate or available for use in other locations.

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be filed only in the state or federal courts located in the State of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

For privacy policies, please click here.

Our Address and Contact Information

New England Newspapers, Inc.

75 South Church St.

Pittsfield, MA 01201

Email: systems@berkshireeagle.com

RSS Terms and Conditions

By downloading an RSS Feed (“The Service”) from any NENI site, including without limitation this site, you hereby agree to use the Service in accordance with, and be bound by, these Terms of Use. Unless you agree to be bound by these Terms of Use in their entirety, do not download the Service.

1. LIMITED LICENSE.

Subject to the terms of these Terms of Use, NENI hereby grants you, a limited, revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to display on your web site (“Site”) the headlines, active links, or other source identifiers, and other information or materials, including any promotional taglines that you specifically select to receive from NENI sites (collectively, the “Content”) through the Service provided that you do not alter, edit, or delete any of the Service. NENI may restrict, suspend or terminate your access to any aspect or all of the Service at any time within its sole discretion and without liability. NENI reserves the right to modify the Service at any time within NENI’s sole discretion. You acknowledge that the Service availability is subject to change at NENI’s sole discretion.

2. PROPER USE.

a. The Service is protected by copyright, trademark and other intellectual property laws, and title, ownership, and any and all intellectual property rights in and to the Service shall remain at all times with NENI. Unless otherwise specified, the Service is provided solely for the purpose of allowing you to view headlines from NENI Sites for your personal, noncommercial use. If you want to obtain greater rights to use the Service or to license content from NENI Sites, please contact the Vice President/Content Development of NENI Interactive for more information.

b. Except as expressly set forth in Section 1, and/or unless otherwise expressly agreed to in writing by NENI, you may not, directly or indirectly: (a) modify, copy, reproduce, transfer, sell, republish, upload, post, transmit or distribute the Service in any way, (b) display the name, logo, trademark or other identifier of another person (except for NENI Sites or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site; or (c) remove or conceal any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Service, including without limitation, the size, color, location or style of NENI Sites’ marks.

3. ATTRIBUTION.

If you display one or more of these feeds on a web site or web log, you must display the NENI Site’s logo that is included in the feed, or give other attribution to the applicable NENI Sites. NENI reserves the right to require any site to cease the display of our feeds at any time and for any reason.

4. RIGHT TO MODIFY.

NENI may from time to time and in its sole discretion, revise or modify these Terms of Use, or impose new conditions on use of the Service, in which case we will post the revised terms of use on this site. By continuing to use the Service after we post any such changes, you accept the revised terms of use, as modified.

5. MISCELLANEOUS.

These Terms of Use set forth the entire agreement between the parties with respect to the aforementioned license and fully supersedes any and all prior or contemporaneous agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, and in any dispute arising under these Terms of Use, the venue shall be the state or federal courts located in the State of Massachusetts.

 

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