January 18, 2020
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Terms of Service

By continuing to use bangordailynews.com and all its affiliates, you agree to abide by the conditions of this agreement. These Terms of Service disclose the general usage practices and responsibilities for Bangor Daily News websites and their uses, which include all sites owned by Bangor Publishing Company. We may change these Terms from time to time by updating this page. You should check this page from time to time to be aware of any changes. These Terms are effective from January 1, 2020.

1. General

Welcome to bangordailynews.com (“Service”). By using this Service, you agree to be bound by all of the terms of this Agreement. Bangor Publishing Co. res erves the right to charge for this Service. We reserve the right to change the terms of this Agreement or to modify any features of or fees for this Service at any time. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.

2. Agreement

You represent that you have read and agree to abide by the bangordailynews.com Terms of Service.

3. Copyright and Prohibited Uses

This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving Bangor Publishing Co. (The Company) the right to display such content on the Service and its affiliated publications and to distribute such content and use such content for any purpose.

(a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

(b) Bangordailynews.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (5a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

4. Payments and Fees

We reserve the right at any time to charge fees for access to all or part of bangordailynews.com and its affiliated sites. In no event will you be charged for access to these Services unless we obtain your authorization for payment of those charges. 

(a) We reserve the right to modify any features of or fees for this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.

(b) Maine State sales tax of 5.5% is applied to all purchases, if applicable. All subscriptions automatically renew. Your method of payment will be charged at the start of each billing period unless cancelled. Subscription rates are subject to change upon renewal. Home delivery offers are only available to persons who have not had a home delivery subscription in the past 30 days. All past due balances must be paid in full. Credit balances on inactive accounts are not refunded unless requested by the customer. Home delivery offers available dependent on customer location. To cancel your subscription, contact The Bangor Daily News at 207-990-8000 or customerservice@bangordailynews.com.

(c) You may cancel your account at any time. Digital subscriptions may be cancelled at any time by emailing customerservice@bangordailynews.com or otherwise contacting BDN customer service, and we will process your cancellation within one business day. If you choose to cancel, your digital subscription will expire at the end of the payment cycle in which you cancel. Our policy is not to issue refunds for digital subscriptions. 

(c) All new fees, if any, will be posted prominently on bangordailynews.com and in other appropriate locations, which may include email communications. You shall pay all charges incurred while your account is being used, if any, including charges for any goods or services and applicable taxes at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

5. Your Responsibilities

(a) You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services and applicable taxes. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

(b) Kids under 13: Do not send any information about yourself to us – including information like your name, address or e-mail address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, on request, we will delete that information from our database as quickly as possible. 

6. User Submissions or User Generated Content (UGC)

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using bangordailynews.com you agree not to do the following things:

Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;

Post material that reveals trade secrets, unless you own them or have the permission of the owner;

Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

Post a sexually explicit image or statement;

Post unapproved advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Bangor Publishing Co. has no liability or responsibility to users for performance or nonperformance of such activities. The Bangor Publishing Co. reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.

The Bangor Publishing Co. may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of any Bangor Publishing Company site, including blogs, comment pages, contests, polls, quizzes and forms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit non-germane creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission.

The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

7. Indemnification, Limitation of Liabilities, Warranties

(a) You agree to indemnify and hold harmless Bangor Publishing Co. and 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 under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

(b) This Service is available “as is.” We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

(c)  Bangor Publishing Co. and 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 this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (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 use of this Service.

8. Termination

This Agreement may be terminated for any reason at any time. Sections three (3) and six (6) through eight (8) of this Agreement shall survive such termination.

9. Governing Law

This Agreement shall be governed by the laws of the United States and the State of Maine. BY CONTINUING TO USE BANGORDAILYNEWS.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.