Terms of Service
Website and Content
We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.
In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.
All content on the Website is protected by copyright, and owned or controlled by The Batavian, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.
Personal Non-Commercial Use
This Website is for your personal and noncommercial use only. This Website uses the Creative Commons licensing standards (www.creativecommons.org). Use of the Web site for private non-commercial use includes access to HTML pages through a Web browser or mobile device as well as XML and RSS feeds through any device that is capble of reading XML/RSS.
The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by The Batavian or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.
The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.
Caching, Copying and Third Party References
Copies of Website pages may be subject to web caching by search engines. Web caching is the storage of web
In addition, The Batavian is not responsible for any other third party copying, excerpts or quotation of Website content. If for any reason, The Batavian updates, corrects or removes any Website content, it will only do so from the Website itself, and is not responsible for any other iterations of the content accessible on any third party site, or through cached pages.
Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
No Representations or Warranties
The Batavian and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).
USER CREATED CONTENT
You must be at least 13 years old to contribute content to this Website.
Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to The Batavian and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. The Batavian has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.
You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify The Batavian and its affiliates as provided in Legal Terms below.
Content Submission Rules and Restrictions
You agree not to submit any content in any forums, chats, emails or otherwise that:
• is libelous, defamatory, obscene, pornographic, or otherwise illegal;
• is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
• abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
• infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
• impersonates another person or misquotes another person
• violates any applicable law, or violates any party’s rights; or
• offers or advertises any goods, or services or solicits any funds or consideration.
In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.
Identity and Privacy
The Batavian requires registered users to provide correct and true identifying information. When registering users must submit a true and correct first name and last name, a true and correct city, state and zip code.
The Batavian reserves the right to terminate the account of any user it suspects of using a pseudonym. Users suspected of using a pseudonym have the sole responsibility for proving real identity via methods requested by The Batavian.
The Batavian does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.
If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).
We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed material related to the Website.
The Website offers some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.
Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.
You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.
Termination for cause may include, but is not limited to:
-- Violations of other posted rules of conduct
-- Violations of law or intellectual property rights
-- Harassment or belittling conduct toward individuals, companies or other third parties
-- An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules
-- Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation.
-- Failure to provide real, verifiable information about your true identity where requested or instructed
Termination of a user’s account may include any of the following actions:
-- A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither GateHouse nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
-- User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither The Batavian nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.
Users who are terminated are prohibited from creating new accounts without prior written consent of The Batavian. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and The Batavian will determine in its sole discretion whether to reinstate. Users may also appeal account termination by writing to:
Webmaster/Online Participation The Batavian
200 E. Main Street
Batavia, NY 14020
When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that The Batavia will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.
If asked to prove real identity, you will likely be required to provide a copy of valid state picture ID.
No Representations or Warranties as to Website
THE WEBSITE AND ALL CONTENT PROVIDED BY GATEHOUSE OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” BASIS. GATEHOUSE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESEN¬TA¬TIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY GATEHOUSE AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATE¬MENTS BY GATEHOUSE, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUD¬ING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTIC¬ULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVER¬RIDDEN, EXCLUDED AND DISCLAIMED.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL GATEHOUSE OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS THAT IS LOCATED ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, OR THAT IS COPIED, QUOTED OR CACHED BY THIRD PARTIES ON OTHER SITES. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GATEHOUSE AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GATEHOUSE OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Batavian reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.
Governing Law and Venue.
Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. However, as stated above, we have no control over search engines or other third parties who cache web content or who copy, quote or excerpt from our Website, and our sole responsibility in the event of any infringement is to remove or disable access to the original content on our Website. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at [email protected].com.
E-mail us at: [email protected]
Write to us at:
200 E. Main St.
Batavia, NY 14020
Call us at: (585) 260-6970 and ask for the The Batavian webmaster
E-mail us at: [email protected] and insert only the words “Re: Copyright Violation” in the subject line header of the email.
Last revised February 2008