EASTERN HARBOR MEDIA, LLC
“We”, “us” and “our” mean Eastern Harbor Media, LLC and we may refer to you or any individual that uses our Newsletter and Site as “you” or “your” or a “user.” If we use the term “EHM Entities,” in addition to us, that term means and includes our sponsors, affiliates, suppliers, promotional partners, operational service providers, agents and representatives.
When you see the word “use” or “using” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print, copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter on or through our Site or Newsletter. We will also consider you to be using our Site or Newsletter if you utilize, benefit, take advantage of or interact with any Content in, on or available through our Newsletter or Site, for any purpose, or if you try to do any of these things.
You may only use our Content and Content of Third Party Providers for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else.
This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
7. USAGE RULES. We reserve the right to deny you access to any and all parts of our Newsletter and Site for any reason, and at our sole discretion. We do not assume any responsibility to monitor the Postings on our Newsletter and Site for accuracy or unacceptable use, nor will any Posting be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at email@example.com and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to our Newsletter and Site are not confidential and that the following rules shall apply to your use of our Newsletter and Site. You may never use, allow or enable others to use our Newsletter and Site or knowingly condone use of our Newsletter and Site to do or attempt to:
• violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
• engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
• impersonate any other person, firm or enterprise or any of our or their employees and agents;
• use our Newsletter and Site for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Newsletter and Site;
• gain unauthorized use of our Newsletter and Site, other users’ accounts, names, login or password information,
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Newsletter and Site or the rights or use and enjoyment of our Newsletter and Site by any other person, firm or enterprise;
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
• engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes;
• use our Site or any Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages; or
• use any robot, spider or other automated means to access our Newsletter and Site or the services for any reason without our prior written consent.
8. REVIEW OF POSTINGS. We assume no responsibility for monitoring Postings. We do not and cannot review all Postings made to the Site and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove Postings on our Newsletter and Site.
10. PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf.
Our agent may be contacted as follows:
Eastern Harbor Media, LLC
37 West 17th Street, 3E
New York, NY 10011
Attn: Office of Compliance
12. LIMITATION OF LIABILITY. ALTHOUGH WE MAY UPDATE THE CONTENT ON OUR NEWSLETTER AND SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL AND FITNESS INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. OUR NEWSLETTER AND SITE ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR NEWSLETTER AND SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR NEWSLETTER AND SITE ARE ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR NEWSLETTER AND SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING
14. GEOGRAPHIC DISCLAIMER. Our Newsletter and Site are intended for users who are U.S. residents. Access to our Newsletter and Site and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use our Newsletter and Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
17. ASSIGNMENT. We may assign our rights and duties under this agreement to any party at any time without notice to you. You may not assign this agreement to anyone else.
18. NOTICE. We may deliver notice to you under this agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Eastern Harbor Media, LLC
37 West 17th Street, 3E
New York, NY 10011