Terms of Use

Terms of Use

1. Introduction

Thank you for visiting, owned and operated by Down East Enterprise. Please be aware that by using any Down East Enterprise site, and any services offered therein, you are agreeing to the following terms of use.

2. Copyright

All of the content on this site, including but not limited to text, still or moving images, graphics, sound and software (“Content”), is owned by Down East Enterprise and/or its advertisers and content providers. All parts of the site are protected by copyright, trademark and other laws governing intellectual property rights. No part of the site or its Content may be reproduced or retransmitted via any means without the express permission of Down East Enterprise.

3. User Submissions

Your submitted Content remains your intellectual property. By posting Content on our site, you grant Down East Enterprise an irrevocable, royalty-free, transferable, worldwide, non-exclusive license to (a) display, publish, republish and distribute such Content; (b) to make or have made and own enhancements, derivative works and other modifications to all or any part of the Content ; and (c) to use, adapt, modify, perform, transmit or reproduce the Content and Derivatives in any form or medium, whether now or hereafter known, throughout the Universe, including, without limitation, compilation, microfilm, databases, and any digital format in any medium, and to transfer or sublicense any of the publication rights to any other Down East Ent. entity. You are responsible for any releases or permissions (including those relating to privacy and rights of publicity) necessary for Down East Ent. to exercise its rights under this paragraph.

4. Digital Millenium Copyright Act

Our operation of our Web site may qualify Down East Ent. as a service provider (under the DMCA), if we offer services as an online provider of materials and links to third-party sites. We may make available through our site third-party material we do not own or control. If you believe any material available via the site infringes a copyright, you should notify as per the DMCA. We will remove or disable access to the material claimed to be infringing and will follow DMCA procedures to resolve the dispute. Address infringement notices under the DMCA to Down East Enterprise Legal Department, PO Box 679, Camden, ME 04843, or via e-mail to [email protected].

5. Restricted Content

You agree that you will not use the site to post or upload any of the following:

• Profanity, or language that is otherwise personally intimidating, harassing, libelous or offensive; sexually explicit or pornographic material; hate speech, or racial, religious or personal attacks

• Material that infringes upon the copyright, trademark, patent, or other intellectual or proprietary rights or privacy of third parties

• Content that is illegal in any way, or that promotes any illegal activity

• Commercial content of any kind, with the exception of legitimately placing advertisements in any of the appropriate sections of the site.

Down East Enterprise reserves the right to remove any Content that, in Down East’s sole judgment, does not conform to these guidelines. When necessary, we may also disable a user’s account, and remove all Content provided by that user.

6. Account Security

You are solely responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

7. Information Control

User-provided Content on this site does not represent the views or opinions of Down East Enterprise. We make no warranties regarding the accuracy or suitability of any material on the site. In addition, Down East Enterprise does not assume responsibility or liability for any of your actions that result from your use of material on this site.

8. Release

You release Down East Ent. (and our shareholders, directors, officers, employees and agents) from claims, demands and damages of every kind arising out of or in any way related to your use of the site.

9. Hold Harmless

Down East Enterprise assumes no liability in the event that legal action is taken against you by a third party as a result of Content you post to our site. You warrant that the material you post is not libelous and is accurate and original; that you are sole owner; that the material has not been previously published and does not infringe upon anyone else’s copyright, trademark or any other right or interest; and that, in the creation of the material, you did not commit trespass, fraud, invasion of privacy or violate any other law. You agree to cooperate with Down East Enterprise in the event that any lawsuit arises from any use of the material that is in accordance with this Terms of Use. You agree to indemnify, defend and hold Down East Enterprise harmless against any claim, demand, suit or proceeding that may be brought against Down East Enterprise arising from your intentional or negligent breach or alleged breach of the above Warranties or of these Terms of Use.

10. General

These Terms of Use shall be governed by the laws of the State of Maine.