PORTSMOUTHMAG.com
Thank you for visiting portsmouthmag.com (the "Website").
This Website is operated by Waterlot Publishing, LLC. ("Portsmouth
Magazine"), located at 60 West Road Portsmouth, NH 03801.
Your access to and use of this Website is subject to the following
terms of use ("Terms of Use") and all applicable
laws.
DEFINITIONS
The terms "Portsmouth Magazine", "we", "us" and "our" when
used in these Terms of Use means Portsmouth Magazine and its
subsidiaries, divisions, branches, affiliates or companies
under common ownership or control of Portsmouth Magazine.The
terms "you" and "your" when used
in these Terms of Use means any user of this Website.
AGREEMENT
Access to and use of this Website and the information, materials,
products and services available through this Website are
subject to all applicable laws and regulations and to these
Terms of Use. By accessing, browsing, and shopping at this
Website, you accept, without limitation or qualification,
these Terms of Use, which form a legally binding agreement.
If you do not agree, please exit this Website.
These Terms of Use may be changed by us from time to time
without specific notice to you. The latest Terms of Use will
be posted on the Website, and you should always review these
Terms of Use prior to using the Website to ensure that you
have a current understanding of the Terms of Use under which
you are permitted to access this Website. If you cannot access
the Terms of Use via the Internet, we can provide a copy
of the most recent Terms of Use by e-mail upon request. Please
e-mail us at the e-mail address listed at the end of these
Terms of Use.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE
OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED
THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED,
AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE
LAWS OR REGULATIONS.
MINORS
This Website is a business and commercial site. As such,
it is not intended for children or minors under the age
of 18 years without the permission of a parent or guardian.PRODUCT & SERVICES
INFORMATION
All references on this Website to information, materials,
products and services apply to information, materials,
products and services available in the countries or jurisdictions
specified with respect to such information only, unless
otherwise stated. Nothing in this Website constitutes an
offer to buy or sell our products or services in any jurisdiction.
OWNERSHIP Unless otherwise indicated, this Website and its design,
text, content, selection and arrangement of elements, organization,
graphics, design, compilation, magnetic translation, digital
conversion and other matters related to this Website ("Content")
are protected under applicable copyrights, trademarks and
other proprietary (including, but not limited to, intellectual
property) laws, including without limitation those of the
United States, and all Content and intellectual property
rights therein are the property of Waterlot Publishing,
LLC, Portsmouth Magazine or the material is included with
the permission of the rights owner and is protected pursuant
to applicable copyright and trademark laws.
ALL RIGHTS
RESERVED
The posting of any such elements on this Website does not
constitute a waiver of any right in such elements. You do
not acquire ownership rights to any such elements viewed
through this Website. Except as otherwise provided herein,
none of these elements may be used, copied, reproduced, distributed,
republished, downloaded, modified, displayed, posted or transmitted
in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise,
without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully
access and use this Website and/or information, materials,
products and/or services available on it to display, download,
archive and print in hard copy, portions of this Website
on a temporary basis and for your individual use only, provided
you do not modify the materials and that you retain any and
all copyright and other proprietary notices contained in
the materials.
TRADEMARKS
The Portsmouth Magazine logo, all product names, all page
headers, all custom graphics, all button icons, all trademarks,
service marks and logos appearing on this Website, unless
otherwise noted, are service marks, trademarks (whether
registered or not) and/or trade dress of Portsmouth Magazine
(the "Marks"). All other trademarks, product
names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated
on the Website are the property of their respective owners.
You are not authorized to display or use the Marks in any
manner without our prior written permission. You are not
authorized to display or use trademarks, product names,
company names, logos, service marks and/or trade dress
of other owners without the prior written permission of
such owners. The use or misuse of the Marks or other trademarks,
product names, company names, logos, service marks and/or
trade dress or any other materials contained herein, except
as permitted herein, is expressly prohibited.
HYPERLINK DISCLAIMER
This Website may contain links and/or advertisements to other
websites maintained by us in addition to links to websites
maintained by unrelated companies and persons. An advertisement
of, or link to, a non-Portsmouth Magazine website does
not mean that we approve, endorse or accept any responsibility
for that website, its content or use, or the use of products
and services made available through such website.
We are not responsible for the actions, content, accuracy,
opinions expressed, privacy policies, products or services
provided through these links or made available through these
resources or appearing in such websites, nor for any damages
or losses, directly or indirectly, caused or alleged to have
been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked
for accuracy, completeness or conformance with applicable
laws and regulations by us. We do not make any representations
whatsoever, or give any warranties of any kind, expressed,
implied, or otherwise about other websites which you may
access through this Website, the content thereof, or the
products and/or services made available through such websites.
If you decide to leave our Website and access these other
websites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of
such websites will apply to you while on such websites.
DATA PROTECTION CONSENT
By agreeing to these Terms of Use, you agree to the terms
of our Privacy Policy. Before using this Website please
read through all these documents carefully. All personal
data provided to us as a result of your use of this Website
will be handled in accordance with our Privacy Policy.
Posting or transmitting of any unlawful, threatening, libelous,
defamatory, obscene, pornographic or profane material or
any material that could constitute or encourage conduct
that would be considered a criminal offense or violation
of any law is strictly prohibited.
We reserve the right to monitor your communications with
us whether by mail, voice, fax, e-mail or any other form
of transmission for the purposes of quality control, security
and other business needs.
NO WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS
IS" AND ON AN AS AVAILABLE BASIS. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED.
WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL
SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING
VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES
AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE,
OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE,
OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES
AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE
TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER
DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE
THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Website are
provided for general information purposes only and do not
constitute professional advice. It is your responsibility
to evaluate (or take professional advice on) the accuracy
and completeness of all information, statements, opinions
and other material on this Website or any website with which
it is linked.
Your statutory rights as a consumer, if any, are not affected
by these provisions, and we do not seek to exclude or limit
liability for fraudulent misrepresentation.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable laws we, on
behalf of our employees, agents, suppliers, and contractors,
exclude AND DISCLAIM liability for any losses and expenses
of whatever nature and howsoever arising including, without
limitation, any direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a virus,
loss of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or character,
even if we have been advised of the possibility of such damages
or losses, arising out of or in connection with the use of
this website or any website with which it is linked. You
assume total responsibility for establishing such procedures
for data back up and virus checking as you consider necessary.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you
may also have other rights which vary from country to country.
Some jurisdictions do not allow the exclusion of implied
warranties, or certain kinds of limitations or exclusions
of liability, so the limitations & exclusions set out
in these Terms of Use may not apply to you. Other jurisdictions
allow limitations and exclusions subject to certain conditions.
In such a case the limitations and exclusions set out in
these Terms of Use shall apply to the fullest extent permitted
by the laws of such applicable jurisdictions.
YOUR OBLIGATIONS
You are responsible for providing and maintaining all personal
computer and communications equipment and Internet access
accounts necessary to gain access to this Website.
In consideration of your use of the Website, you agree to
provide true, accurate, current and complete information
about yourself.
Your account, including your username and password, are personal
to you and may not be used by anyone else. You are responsible
for maintaining the confidentiality of your password and
username and are fully responsible for all activities that
occur under your password or username by you or by anyone
else using your username and password, whether or not authorized
by you. You agree to immediately inform us of any apparent
breaches of security such as loss, theft or unauthorized
disclosure or use of your username or password (contact Portsmouth
Magazine at customerservice@portsmouthmag.com) and until
we are so notified you will remain liable for any unauthorized
use of your account.You agree to use the Website in a manner consistent with
any and all applicable rules and regulations. You agree not
to upload or transmit through the Website any computer viruses,
Trojan horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures
of a computer. Any unauthorized modification, tampering or
change of any information, or any interference with the availability
of or access to this Website is strictly prohibited. Portsmouth
Magazine reserves all rights and remedies available to it.You agree to indemnify, release and hold us harmless as
well as our officers, directors, agents, representatives
and employees from any claim, liability, loss, expense or
demand, including legal fees, related to your violation of
these Terms of Use or your access or use of this Website
(including any information, materials, products or services
available through this Website).
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to
modify, edit, delete, suspend or discontinue, temporarily
or permanently this Website (or any portion thereof) and/or
the information, materials, products and/or services available
through this Website (or any part thereof) with or without
notice. You agree that we shall not be liable to you or
to any third party for any such modification, editing,
deletion, suspension or discontinuance of this Website.
ENTIRE UNDERSTANDING
These Terms of Use (together with our Privacy Policy, which
is expressly incorporated herein) contain the entire understanding
between you and us with respect to use of this Website and
no representation, statement, inducement oral or written,
not contained herein shall bind any party to this agreement.
SEVERABILITY AND NON-WAIVER
Our failure to enforce any provision of these Terms of Use
shall not be deemed a waiver of such provision nor of the
right to enforce such provision, and a waiver by us of
any right under these Terms of Use on any occasion will
not in any way constitute a waiver of such right or any
other right on any other occasion. In the event any provision
of these Terms of Use is determined to be invalid, such
invalidity will not affect the validity of the remaining
portions of these Terms of Use, and the parties will substitute
for the invalid provision a provision which most closely
approximates the intent and economic effect of the invalid
provision. These Terms of Use will apply in lieu of and
notwithstanding any specific legend or statement associated
with any particular document or information exchanged.
LAW & JURISDICTION
These Terms of Use shall be subject to, governed by and construed
under the laws of the State of Colorado in the United States
of America, without regard to conflict of law principles.
This Website is operated from the State of New Hampshire
and is intended to be accessed only by persons in the United
States and Canada. Access to, or use of, this Website or
information, materials, products and/or services on this
Website may be prohibited by law in certain countries or
jurisdictions. You are responsible for compliance with
any applicable laws of the country from which you are accessing
this Website.
You hereby consent and waive all objections to the exclusive
jurisdiction of the federal and state courts in the State
of New Hampshire and venue therein to resolve any controversy
or claim of whatever nature arising out of or relating to
use of this Website. However, we retain the right to bring
legal proceedings in any jurisdiction where we believe that
infringement of this agreement is taking place or originating.
CONTACTING US
If you have any questions regarding these Terms of Use or
any other matter, you may refer to our Contact
Us page
or email us at customerservice@portsmouthmag.com.
