© North Jersey Media Group Inc. All Rights Reserved.

TERMS OF SERVICE AND PRIVACY POLICY AGREEMENT
About North Jersey Media Group

Welcome to NorthJersey.com and Bergen.com!

By accessing NorthJersey.com and Bergen.com, you agree to be bound by this Agreement (“Agreement”), which may be amended by North Jersey Media Group (“NJMG”) at any time with or without prior notice. This Agreement applies to NorthJersey.com and Bergen.com, including the features and services available from the sites (collectively referred to herein as "Service").

NorthJersey.com and Bergen.com reserve the right to charge for this Service in the future, to change this Agreement and/or to modify any features of this Service at any time. In the event that we decide to charge for the Service, users may elect whether to pay for the Service. We also reserve the right to suspend, change or discontinue the Service at any time without any prior notice. You must be 13 years or older to use our Service.

Our Rights

If we consider that this Agreement has or may have been breached, that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us, to any NorthJersey.com product or service, or to other members or the general public, we may stop any or all accounts which we think are connected with the offender.

To prevent or remedy a breach of this Agreement or any harm or damage to us, to any NorthJersey.com or Bergen.com product or service, to other members or to the general public, we may automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in any NorthJersey.com or Bergen.com product or service.

Intellectual Property Rights

By registering for this Service and/or continuing to use this Service, you agree to abide by all terms and conditions of this Agreement and Privacy Policy.

This Service, including, but not limited to:

  • Text
  • Photographs
  • Graphics
  • Video
  • Audio

is intended for personal, non-commercial, use and is protected by copyright and other intellectual property rights under U.S. and international law. Accordingly, you must comply with all copyright notices and other restrictions posted on the Service. In addition, you may not:

  • Modify
  • Reproduce
  • Create derivative works
  • Transfer
  • Publish
  • Transmit
  • Otherwise distribute any of the content of the Service in whole or in part unless (i) the content is content you personally authored and posted on the Service; (ii) you have obtained our written permission (see Copyrights and Copyright Agents section above) or (iii) you have downloaded material for personal use in accordance with Personal Use section below

In other words, we ask that you respect our content ownership, and ask for permission if you wish to repost items appearing on the Service (please click here for information on reprints and permissions).

The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protected intellectual property available through the Service placed on NorthJersey.com and Bergen.com by us or on our behalf (collectively referred to as “Content”) are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any NorthJersey.com or Bergen.com product or service except in accordance with this Agreement and for personal (i.e. non-commercial) use only.

You agree that all intellectual property or other rights in any account are and will remain our property. You agree that by submitting any material of any kind to us for any purpose connected with any NorthJersey.com or Bergen.com product or service, you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

Copyrights and Copyright Agents

If you believe that any Content from our Service has been reproduced without permission, is being used inappropriately or if you think that your content or the content of a third party has been unlawfully used or reproduced on the Service, please notify our in-house attorney and designated copyright agent either by mail to Jennifer Borg, General Counsel, North Jersey Media Group, PO Box 75, Hackensack, NJ 07602 or by email at borgj@northjersey.com. Please click here for instructions on how to request permission to reproduce, use, or download any Content from the Service, other than for personal use as described in the Personal Use section below.

If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to NJMG’s designated Copyright Agent (see above for contact information) that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which NJMG may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Just as we strive to protect our own Content, we also hope to respect the rights of other content sources. Should you see something on our site you believe we aren’t entitled to publish, please contact us at borgj@northjersey.com.

Limitations on Use

The Content available through the Service is our property or the property of one of our licensors or advertisers and is protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Service to anyone, including, if applicable, your co-workers, except that you may occasionally use our "Email this" service to email an article from the Service to a few people without charge. You are not allowed to use the Service for the purpose of regularly providing other users with access to or Content from the Service.

You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our Content for use on another Web site or service. You agree not to post any content from the Service to blogs, newsgroups, mail lists or bulletin boards, without our prior written consent.

Personal Use

You may download material from this Service for your own personal use as follows:

  • You may make one copy file on your PC and/or one print copy provided you comply with all copyright or other applicable notices.
  • Any other use requires written permission (see Copyrights and Copyright Agents section above)

Creating compelling content for our readers is why we work so hard. We hope that you enjoy viewing our site, or printing copies to save. But creating a web site, print product or other medium based on our Content is against the rules.

Use of Forums, Blogging, Chats, or Other Interactive Features

Reader comments on NorthJersey.com and Bergen.com content are hosted by Facebook.com. Therefore, in order to post comments on an article, you must log in to your Facebook account. As per Facebook’s rules, the Facebook account you use to post comments on northjersey.com must contain your real name. In addition to being able to post comments, you may also report inappropriate comments by clicking links in the comments section labeled “REPORT AS ABUSE” or “MARK AS SPAM “. These links send information about reported comments to Facebook, not to Northjersey.com or Bergen.com. A Facebook account is not required to read comments, but is required to post comments or report inappropriate comments.

Facebook, as well as any other sites that Northjersey.com and Bergen.com link to or integrate with, such as Twitter, LinkedIn, etc., may have information practices different from ours. Users should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

We reserve the right to remove any content posted on the Service at any time in our discretion for any reason and without notice to you. We are not monitoring the site 24 hours a day, nor are we required to do so by law. We make no warranties or guarantees that we will take any specific action in the event of a dispute regarding a user’s compliance or non-compliance with this Agreement.

By posting content on the Service, you are giving us the right to display such content on the Service and any or all of NJMG’s publications and websites and to use such content for promotional and marketing purposes. Any information you post becomes public which may result in unsolicited contact from others.

You are fully and solely responsible for all content that you post on the Service and hereby represent and warrant that none of the content that you post will be:

  • Defamatory
  • Obscene
  • Sexually Explicit
  • Unlawful
  • Inappropriate
  • Offensive
  • Vulgar
  • Profane
  • Harassing towards a NJMG staffer or another user who posts content anywhere on the Service

You also represent and warrant that it will not infringe the privacy, publicity, intellectual property or other personal and proprietary rights of any third party.

You also agree not to post any content that can be construed as an advertisement or solicitation unless you have been authorized by us in writing to do so.

Defamatory comments are unlawful and are not guaranteed a right to anonymity.

Commenting on articles and blog posts in “ALL CAPS” is considered inappropriate. Please refrain from commenting in this manner.

You hereby agree to indemnify and hold harmless NorthJersey.com, Bergen.com and NJMG including each of their directors, officers, managers, employees, shareholders, parent, subsidiaries, affiliates, agents, and licensors, ("the Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement and any claim arising out of your use of the Service or any user of your account.

You agree that we reserve the right to assume the exclusive control and defense of any claim arising out of your representation and this indemnification and that you will cooperate with us in the defense of any such claim.

Corrections, Retractions and Clarifications

If you would like to request a correction, retraction or clarification of a news story posted on NorthJersey.com or Bergen.com, please email corrections@northjersey.com. Please include as much information as you can, including the link to the story, the date and headline of the story, and the specific portion or portions of the story you are requesting to be corrected, retracted or clarified.

If the information we report is inaccurate, we will provide a correction, clarification, or retraction, as necessary, in our discretion, and we reserve the right to remove, delete or modify any news content on NorthJersey.com, as we see fit. But if a story posted on the Website is correct, we will not remove, delete or modify it. For example, when we report the fact that someone is arrested, that information is still correct, even if the charges may have been dismissed at a later date. Any news content posted about an individual that is accurate will not be removed.

Contact the NorthJersey.com and Bergen.com Teams

The NorthJersey.com and Bergen.com teams are responsible for NJMG's websites, online classifieds (Marketplace/Jobs/Cars/Real Estate) and related sites for the company's newspaper and magazine titles.

To give us feedback on a story, picture, blog posting or other editorial content; email: feedback@northjersey.com.

For corrections, retractions and clarifications, email: corrections@northjersey.com.

For reprints and permissions, please click here or email reprintsandpermissions@northjersey.com.

If you would like to submit Letters to the Editor or contact the newsroom, please click here to contact our daily publications, The Record and the Herald News. Please click here for contact information for our weekly publications.

For technical difficulties with any of our sites, email: technical@northjersey.com.

Have a news tip to share? You can send it to: newstips@northjersey.com.

For information on advertising on NorthJersey.com, click here. To place an ad, click here. For information on advertising on Bergen.com, click here or email sales@bergen.com.

For all other questions or comments regarding content on NorthJersey.com, please contact:

Sean Oates
Web Editor
oates@northjersey.com

For advertising information, please contact:

Marc McGuigan
Corporate/National Advertising
mcguigan@northjersey.com

Nick Maltezos
maltezos@northjersey.com

Letters can be mailed to:
North Jersey Media Group
1 Garret Mountain Plaza
P.O. Box 471
Woodland Park, NJ 07424

For all questions or comments regarding content on Bergen.com, please contact:

Paul Wood
Web Editor
webeditor@bergen.com

Advertising Information

sales@bergen.com

Email Policy

NJMG complies with the federal CAN-SPAM Act of 2003. We will not sell, rent, swap, share or authorize any third party to use your email address without your prior permission. If you have received an email from us in error, please email us at: marketing@northjersey.com.

Account and Service-Related Email: We reserve the right to email you concerning your account status, including but not limited to, order confirmations, renewals/expirations, payment problems and notifications about major changes to our Web Sites and/or policies. If you have registered for online discussions or other services, you may receive email specific to your participation in those activities.

Email Newsletters: If you elect to receive email Newsletters from North Jersey Media Group, we will periodically send email alerts or promotional email. If you have registered for an email newsletter and no longer wish to subscribe, follow the "unsubscribe" instructions at the bottom of each newsletter or email us at: marketing@northjersey.com. You may also unsubscribe to any and all newsletters at any time by updating your NorthJersey.com user profile.

Promotional Email: With your permission, we may periodically email you messages about various Products and Services. You can choose not to receive messages in the future by either unsubscribing to any newsletters or promotional messages or by updating your NorthJersey.com user profile.

Survey Email: NJMG may send an email inviting you to participate in user surveys, asking for feedback on NorthJersey.com and Bergen.com and existing or prospective Products and Services as well as information to better understand our users. Any information obtained in this respect will not be shared with third parties, except in the aggregate form.

HTML Email: When you sign up to receive emails from us, such emails will be sent in HTML (with images) format. We may place a one-pixel gif to determine whether or not readers viewed the email. This process does not collect any information from your computer or leave any information on your computer.

Emails You Send to NJMG: If you send emails to NJMG, the information disclosed in those emails may not be secure or encrypted and consequently might be available to others. Exercise caution when deciding to disclose any confidential or personal information in emails.

The interactive features of our Service are designed to encourage conversation. We hope to foster a community of ideas and exchange of information, but realize there will be differences of opinions, and incidences of disagreement. We encourage freedom of speech, but ask you to remember that by using our Service you are participating in a community that is intended for all our users.

Availability of Service

Our Service is provided "as is" without warranties of any kind, either express or implied, including, without limitation that the Service will be uninterrupted or error-free at all times. Neither the Service nor any information or goods that are advertised or promoted on the Service have a warranty of merchantability or fitness for a particular purpose. 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 or third parties that may be linked to this Service. Your use of the Service is at your sole risk.

We will do our very best to provide you with the best content possible, but we cannot guarantee the stability of the many servers, telecommunication lines, networks or Internet Service Providers between us and you at all times.

Accuracy

We do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement or other material, information, or database displayed, uploaded, or distributed in this Service by us or by any other third party. Any such advice, opinion, statement or other material, information or database are the views and responsibility of those who post them and do not necessarily represent the views of NJMG or NJMG’s third party service providers. You agree that NJMG and NJMG’s third party service providers are not responsible and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to defamatory, offensive or illicit material that violates this Agreement.

Although not obligated to do so, we reserve the right to delete any content you or a third party posts on the Service and to correct any errors or omissions in this Service. We do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain destructive features including, but not limited to, viruses, worms, Trojan horses and we are not liable for any damages or harm attributable to such features.

Liability

The Indemnified Parties are not liable for incidental, indirect, consequential, punitive, special, 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).

PRIVACY POLICY

This policy applies only to information collected by NorthJersey.com online, as specified below, and does not govern or apply to information collected or used by NJMG or its affiliates through other means. This policy does not cover any of NorthJersey.com's vendors or contractors, including advertisers. NorthJersey.com is not responsible for the content or the privacy policies of websites to which it may link. This policy may be modified, amended or rescinded by NJMG at any time without prior notice.

What Personal Information NorthJersey.com and Bergen.com Use

NorthJersey.com and Bergen.com may gather and use information about you, including (but not limited to) the following:

  • Products or services ordered and delivered
  • Identification data (contact information)
  • Profile Information (age, sex, any information you choose to include in your public profile)
  • Electronic Identification data (IP addresses, etc.)
  • Survey Results
  • Information about usage of and interaction with NorthJersey.com software, Products and Web sites (computer and connection information, device capability, bandwidth, statistics on page views, and Web site traffic)
  • Correspondence between you and NorthJersey.com or Bergen.com
  • Banking and payment information (credit card information, account numbers, etc.)

NorthJersey.com, Bergen.com or a third party service provider acting on our behalf gathers and uses information about you as permitted or necessary to:

  • Inform you about Service updates and faults
  • Request feedback or participation in on-line surveys
  • Verify your identity
  • Customize, measure, and improve the NorthJersey.com software, products and websites
  • Protect the interests of NorthJersey.com, Bergen.com and the users of each
  • Except as indicated below, NorthJersey.com and Bergen.com shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.

    • NorthJersey.com and Bergen.com may disclose personal information to respond to legal requirements, to protect the interests of NorthJersey.com and Bergen.com interests, to enforce our policies or to protect anyone’s rights, property or safety.
    • Some NorthJersey.com and Bergen.com products or services may be co-branded and offered together with or via a partner company. If you register for such products or services you consent to NorthJersey.com, Bergen.com and the partner company’s use of personal data collected in connection with the co-branded product or service. NorthJersey.com and Bergen.com may offer its products or services in connection with other websites or services or may team with other online services to give you the combined results of both products and services.

    Third Parties

    If you provide information to an Advertiser or Link on NorthJersey.com or Bergen.com: NorthJersey.com advertisers, Bergen.com advertisers, or Web sites that have links on our site, may also ask you for personal information. You provide such data at your own risk for the privacy policies of those companies are not encompassed by this privacy statement.

    If you click a link from NorthJersey.com or Bergen.com to one of our advertisers or another linked site, we cannot control how they may use information you provide. Read the privacy policy of every web site that asks for your personal information.

    We do not control the privacy policies of our advertisers, sponsors, or other sites or businesses to which we provide hyperlinks or access. Please visit the sites of these businesses to review their privacy policies.

    Any information you post in a chat room or bulletin board becomes public which may result in unsolicited contact from others. NorthJersey.com has no control over data or other information that you have posted and made available to others.

    We may share your personal information with

    Law enforcement, government officials, or other third parties if:

    • We are required to do so in order to comply with the law;
    • We are compelled to do so by subpoena, court order or other similar legal procedure;
    • We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement.
    • Other third parties with your consent.

    What We Do With Information We Gather About You

    Statistical Analysis

  • NJMG may perform statistical, demographic and marketing analyses of subscribers, and their subscribing and purchasing patterns, for product development purposes and to generally inform advertisers about the nature of our subscriber base and to improve customer relationships. We also use such demographic and preference information to allow advertising to be targeted, in aggregate, to the users for whom such advertising is most pertinent.

    Products and Services from North Jersey Media Group

  • Occasionally, we may provide our subscribers with information and offers about other products and services offered by NJMG, including subscriptions and other premium products and services. We will not share this information externally and you may choose to opt-out if you do not wish to receive such offers in the future.

    User Generated Content (including Comments, Forums, Blogs, User-Generated Articles and Reader Reviews)

  • NorthJersey.com and Bergen.com offer opportunities for you to engage in public activities on our Web site, including submitting comments, participating in blogs and forums, generating articles, and reviewing and rating in multiple areas. Any information you disclose in your submissions, along with your Facebook account name, any image or photo or written work, becomes public and may be used by NorthJersey.com and Bergen.com for online and offline promotional and commercial uses in any and all media. If you chose to engage in public activities on the site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these areas, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

    Children Under 13

    Please do NOT send any information about yourself to us. All data inadvertently collected from a child under 13 years of age will be purged from our system and all of our records. We do not knowingly collect or store any personal information, even in aggregate, about children under the age of 13 in accordance with COPPA (Children’s Online Privacy Protection Act).

    Data Security

    Unfortunately, we cannot guarantee the security of our database or that any information you supply will not be intercepted while being transmitted to us. While we do have physical, electronic, and managerial procedures in place to protect information we collect, they do not provide any guarantee.

    Cookies and How They Are Used

    As with many websites, our Service uses a "cookie" to store and sometimes track information about you. It is also used to recognize you and your access privileges. We may use that information to prevent you from having to duplicate the log-in procedures, to prevent you from seeing an ad repeatedly, to see what links you have accessed, and to see your participation in our contests, surveys, and promotions. Advertisers and other vendors on our Service may also use their own cookies. You may opt-out of the cookies delivered by us by changing the setting on your browser. Please be aware that this will disable all cookies delivered to your browser, not just the ones delivered by NorthJersey.com or Bergen.com. You will not, however, be able to opt-out of cookies placed by a third-party host service.

    Your computer may save information, such as your Facebook log-in name, to make returning to a web site easier. If you clear your cookies, you may lose that saved data and be required to type in your Facebook account name and password each time you visit our site and others.

    Termination

    NJMG may, in its sole discretion, modify, suspend or discontinue your account, or any part thereof, or restrict your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement. NJMG may remove and discard any materials that you submit to the site, at any time, for any reason, without notice or liability. Either party may terminate this Agreement for any reason at any time but the following sections of this Agreement shall survive such termination:

    • Limitations on Use
    • Personal Use
    • Copyright and Copyright Agents
    • Use of Forums, Blogging, Chats or Other Interactive Features
    • Email Policy
    • Availability of Service
    • Accuracy
    • Liability

    To terminate this Agreement, please email borgj@NorthJersey.com.

    Associated Press

    The following provision applies to all users of the Service (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of this Agreement and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.

    General

    This Agreement contains the final and entire agreement between us concerning your use of the Service and supersedes any and all prior and contemporaneous oral or written agreements regarding your use of the Service. This Agreement is personal to you which means that you may not assign your rights or obligations under this Agreement to any third party. No third party is a beneficiary to this Agreement. You agree that this Agreement, as well as any and all claims arising from the Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America applicable to contracts made entirely within New Jersey and wholly performed in New Jersey, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be in federal or state court located in New Jersey. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

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