TERMS OF SERVICE
THESE TERMS OF SERVICE (“Terms of Service”) are effective as of January 1, 1997. By using the “Services” (as defined below) which are owned and operated by MLE Group, LLC, a California corporation (“MLE”) and by accessing the Site located at http://www.NicasNews.com, and all linked pages owned and operated by MLE (the “Site”), you agree to be bound by these Terms of Service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference.
MLE’s on-line services which are available at the Site will, among other things, help you access and post comments, videos, photos, articles, news and other information about local areas
II. Changes to the Agreement or the Services
III. Registration and Security
IV. Use of the Site/Services by Members
V. Restrictions on Rights to Use
a. modify, adapt, translate, or reverse engineer any portion of the Site and/or Services;
b. remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services or in or on any Content or other material obtained via the Site and/or Services;
c. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Services;
d. access, retrieve or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of Content;
e. collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share Content with other MLE users or members;
f. reformat or frame any portion of the web pages that are part of the Site and/or Services;
g. create user accounts by automated means or under false or fraudulent pretenses;
h. create or transmit unwanted electronic communications such as “spam” to other users or members of the Site and/or Services or otherwise interfere with other user’s or member’s
i. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
j. use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening
k. copy or store any Content offered on the Site for other than your own personal and non-commercial use;
l. use any device, software or routine that interferes with the proper working of the Site and/or Services, or otherwise attempt to interfere with the proper working of the Site and/or Services;
m. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
n. use the Site and/ or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
o. collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
VI. Content Posted By You on the Site
b. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates
c. You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by MLE.
d. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
e. You understand and agree that MLE may review and delete any Posted Content that in the sole judgment of MLE violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
f. You are solely responsible for your Posted Content.
g. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
h. By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MLE, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that MLE shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other MLE users for purposes of constructing or populating a searchable database of Content.
i. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site.
i. is false or intentionally misleading;
ii. is patently offensive to users of the Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
iii. harasses or advocates harassment of another person;
iv. involves the transmission of unsolicited mass mailing or “spamming”;
v. violates the intellectual property or other rights of any person;
vi. promotes illegal activities or conduct that is abusive;
vii. is threatening, obscene, defamatory or libelous;
viii. is pornographic or sexually explicit in nature;
ix. seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
VII. Copyright Dispute Policy
a. MLE Policy. It is MLE’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
b. Procedure for Reporting Copyright Infringements. If you believe that material or Content residing on or accessible through the Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
ii. Identification of works or materials being infringed;
iii. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient
iv. Contact information about the notifier including address, telephone number and, if available, email address;
v. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
vi. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
c. Upon Receipt of a Bona Fide Infringement Notification.
i. to remove or disable access to the infringing material;
ii. to notify the Content provider, member or user that it has removed or disabled access to the material; and
iii. that for repeat offenders, MLE will also terminate such Content provider’s, member’s or user’s access to the Services.
d. Procedure to Supply a Counter-Notice to the Designated Agent. If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
i. A physical or electronic signature of the Content provider, member or user;
ii. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
iii. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a missed identification of the material; and
iv. The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which MLE is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
e. Removal. If a counter-notice is received by the Designated Agent, MLE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MLE’s discretion.
f. Address for Designated Agent. Please contact MLE’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, MLE Group, LLC
VIII. Transactions with Third Parties
XI. NO WARRANTIES
XII. LIMITATION ON LIABILITY
XVI. Contact and Violations
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