2) Copyright: Ad content can not infringe upon the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful. or other rights of third parties. No copyrighted images may appear in your listing.

3) Restricted Activities: Ad information may be used only for lawful purposes and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve illegal activity; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or material that is otherwise adult in nature or harmful to minors. (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, You may not post any ad on the site that, by paying to us the listing fee could cause us to violate any applicable law, statute, ordinance or regulation.

4) License: Solely to enable MaineToday.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your ad, in any media now known or not currently known, with respect to your ad.

5) Access and Interference: Much of the information on the site is updated on a real time basis and is proprietary or is licensed to MaineToday.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own classified ad content) from the site without the prior expressed written permission of MaineToday.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iv) bypass any measures we may use to prevent or restrict access to the site.

6) Release: In the event that you have a dispute with one or more users, You release Blethen Maine Newspapers and its affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation claims related to or arising from patent, copyright, trade secret or trademark infringement or misappropriation.

7) Information Control: MaineToday.com does not control the content provided by other users that is made available through our system. MaineToday.com has no control over the quality, safety or legality of the information, the truth or accuracy of the listings. You may find other advertisers' listings to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this site, You agree to accept such risks and MaineToday.com is not responsible for the acts or omissions of users on the site. If you suspect any offensive or harmful activity, you may report this at any time by using this report form.

8) Breach: Without limiting other remedies, Maine Today.com may limit your activity, immediately remove your listing(s), issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach theses Terms and Conditions or the documents it incorporates by reference, including without limitation engaging in any of the restricted activities detailed in section 4); (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

9) Privacy: Please read our company wide privacy statement.

10) No Warranty. BLETHEN MAINE NEWSPAPERS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BLETHEN MAINE NEWSPAPERS TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. BLETHEN MAINE NEWSPAPERS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and You may also have other legal rights that vary from state to state.

11) Liability Limit. IN NO EVENT SHALL BLETHEN MAINE NEWSPAPERS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

12) Indemnity. You agree to indemnify and hold Maine Today.com and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

13) Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing and sale of items.

14) No Agency. You and MaineToday.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15) Additional Terms. The following policies are incorporated into these Terms and Conditions by reference and provide additional Terms and Conditions related to specific services offered on the site:

Outage / Refund Policy: MaineToday.com makes every attempt to make sure that our site is functioning properly. If the site is down for longer than 24 hours, we will credit you the time as additional runtime on your ad. If the ad was time sensitive, for example, included a job fair date, you may be entitled to a refund.

MaineToday.com will not be held responsible for errors made by the advertiser while submitting their ad. If there has been a technical error on the part of MaineToday.com, you must notify our customer support team (by using this form) within two working days of the problem for investigation.

Investigations Policy: The MaineToday.com customer support team is responsible for resolving reported cases of inappropriate listings. Before taking any action, we will review the reported ad and contact the advertiser.

Disciplinary action may include a formal warning, a change to your listing text or category, or the deletion of the listing. We do not take action on every report submitted by our users, only those where we can prove with certainty that a violation was committed.

To report possible problems with any ad, please contact our customer support team (by using this form) for investigation.

MaineToday.com may be revise these Terms and Conditions from time to time and are effective immediately after we post the changes on the site, except for the Privacy Policy which takes effect 30 days after being posted on our site. In addition, when using particular services on the site, You agree that You are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

16) General. This Agreement shall be governed in all respects by the laws of the State of Maine as such laws are applied to agreements entered into and to be performed entirely within Maine between Maine residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MaineToday.com in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections relating to Release, License, Access and Interference, Liability Limit, Indemnity shall survive any termination or expiration of this Agreement.

17) Disclosures. The services hereunder are offered by MaineToday.com, 390 Congress St., Portland, ME 04101. Fees for our web-only ad packages are described on the Web-only pricing page.

18) Additional Notes: Disputes regarding our services may be reported to Customer Support by using this report form. We encourage you to report any user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

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