1. ACCEPTANCE OF TERMS
Welcome to www.truemaine.com. The www.truemaine.com website (the “Site”) is comprised of various web pages operated by True Maine. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
A. This Agreement, which incorporates by reference other provisions applicable to use of the Site including but not limited to supplemental terms and conditions set forth here of (“Supplemental Terms”) governing the use of certain specific material contained in the Site, sets forth the terms and conditions that apply to use of the Site by the User. By using True Maine (other than to read this Agreement for the first time), the User agrees to comply with all the terms and conditions hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User is responsible for protecting the confidentiality of the User’s password(s), if any. True Maine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use the Site only with permission of a parent or guardian.
B. True Maine shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
The Site is an informational, blogging, social networking, and marketing site. True Maine is a website that will be accessible through both the internet and mobile applications. It is designed to highlight the unique qualities of Maine, by focusing on the individuality of each community. Billing will take place monthly or yearly dependent on the membership plan. In exchange, the company will be featured on a quality site where they will be able to offer specials and coupons.
Visiting the Site or sending emails to True Maine constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.
You may cancel your membership with us at any time. Your content will remain on our site for 48 hours. If a business member would like to participate with the Site in the future, the initial monthly fee will apply. No refunds will be issued on cancelled memberships.
2. Changed Terms
True Maine shall have the right at any time to change or modify the terms and conditions applicable to the User’s use of the Site, or any part thereof, or to impose new conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means which the User obtains notice thereof. Any use of the Site by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
3. Description of Services
True Maine is a quality web site that is highly beneficial to business members as well as customers. We offer a comprehensive list of activities and events throughout the state. Members can upload photos; add events to the calendar and blog. Through its web property True Maine provides the User with access to a variety of resources, including downloading areas, communication forums, and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and /or the addition of any new web properties, are subject to the TOU.
4. User Conduct
A. The User shall use the Site for lawful purposes only. The User shall not post or otherwise transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which without True Maine’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that in True Maine’s discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted.
B. Copyright Infringement: As True Maine asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to the Site violates your copyright, you are encouraged to notify True Maine. True Maine will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. True Maine will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringement of the copyrights or other intellectual property rights of True Maine or others.
C. The User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary right or any other harm resulting from such a submission. By submitting material to any public area of the Site, the User automatically grants, or warrants that the owner of such material has expressly granted True Maine the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that User’s personal use. The User hereby grants True Maine the right to edit, copy, publish and distribute any material made available on the Site by the User.
D. The foregoing provisions of Section 4 are for the benefit of True Maine, its subsidiaries, affiliates, and its third party content providers and licensees and each shall have the right to assert and enforce such provisions.
5. Use of Services
The Services may contain: email services, event calendars, forums, communities, photo albums and will collectively be called “Communication Services”. The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services the User will not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicated, unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload any material or otherwise make available, files that contain images or photographs, software or other material protected by intellectual property laws including, by the way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User own or control the rights thereto or received all the necessary consent to do the same.
5. Use any material or information, including images or photographs which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.
7. Falsify or delete any copyright management information, such as author attributions, legal or proper notices, or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded.
8. Download any file posted by another user of a Communication Service that the User knows or reasonably should know, cannot be legally reproduced, displayed, preformed, and/or distributed in such manner.
9. Restrict or inhibit any other User from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others including email addresses.
12. Violate applicable laws or regulations.
13. Create a false identity for the purpose of misleading others.
14. True Maine has no obligation to monitor the Communication Services. However, True Maine reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. True Maine reserves the right to terminate the Users access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. True Maine reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials in whole or part, at True Maine’s sole discretion.
You agree to indemnify and hold harmless True Maine, its contractors, and its licensors, and their respective directors, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between True Maine and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of True Maine, or by the posting by the Site of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Maine, U.S.A. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by; its terms and condition. True Maine may assign its rights under this Agreement without condition. This Agreement will be binding upon, and will inure to the benefit of the parties, their successors and permitted assigns.
Contact Us At,
P.O Box 179
Poland, Maine 04274
Effective as of May 1, 2012