Terms and Conditions
This statement covers https://www.theportlandegotist.com/ and any associated content including email and RSS (collectively the “The Portland Egotist” or the “Site”). Please read this statement carefully before proceeding to access The Portland Egotist. Your use of The Portland Egotist constitutes your agreement to abide by the Terms & Conditions in effect from time to time.
You understand that when using The Portland Egotist you will be exposed to User Submissions or Postings, and that The Portland Egotist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Portland Egotist with respect thereto, and agree to indemnify and hold The Portland Egotist, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Under no circumstances, will The Portland Egotist be liable for any inaccuracies or defects in any User Submissions. Please be aware that The Portland Egotist does not and cannot monitor all of the User Submissions made to the site, and therefore The Portland Egotist is not responsible for the content of any Postings. However, The Portland Egotist reserves the right to edit or delete any material in any Posting that is obscene, offensive or otherwise objectionable and not in keeping with the standards or rules of the Site. If The Portland Egotist elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. We expect our members to adhere to certain standards of behavior.
User Submission Posting Rules
You agree not to post or otherwise make available on or through the Site:
• Posts that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or any other characteristics protected by applicable law;
• Posts that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
• Posts that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s’ privacy, or harmful to minors in any way;
• Posts that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
• Posts that relate to products that are obscene or pornographic in nature;
• Posts that restrict or inhibit any other User from using and enjoying The Portland Egotist site.
• Posts that violate any law, regulation or ordinance or which advocate the violation of any law, regulation or ordinance.
The Portland Egotist retains the right to determine if any User submission violates any of the foregoing rules in its sole discretion, and retains the right to edit or delete any User Submission or member account without warning for first-time or continued violation of these terms or any other reason.
Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire contents of the Site. Except for User submissions, the owners of the intellectual property, copyrights, and trademarks are The Portland Egotist, its affiliates and subsidiaries or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code, and/or software.
You may post and submit certain information and content to The Portland Egotist Site. You grant to The Portland Egotist a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments) or by email to The Portland Egotist by all means and in any media now known or hereafter developed. You also grant to The Portland Egotist the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You waive all claims against The Portland Egotist for any alleged or actual infringement or misappropriation of any proprietary right with respect to any User Submissions made by you or your communications to The Portland Egotist.
The Portland Egotist may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name and email address for its internal business and marketing purposes.
Comments Posting Rules
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
• If a comment is made using your identity, it will be deemed to have been posted by you;
• Do not post a comment posing as another. It will be removed and you will be held responsible;
• Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, or pornographic material;
• Do not intentionally make false or misleading statements;
• Do not offer to sell or buy any product or service;
• Do not post material that infringes copyright;
• Do not post information that you know to be confidential or sensitive or otherwise in violation of the law or which advocates a violation of the law;
• Keep all comments relevant and on topic to the particular posting open for comments;
• The Portland Egotist will not accept responsibility for information posted in the Comments.
If The Portland Egotist receives notice that any posting is not in keeping with these Terms and Conditions or the intended use of the Comments, The Portland Egotist may, but is not obligated to, edit or remove that Posting and/or any other related Postings.
Please note that unless The Portland Egotist is notified of a Posting that is not in keeping with these Terms and Conditions then we may not remove it. Furthermore, although The Portland Egotist does not exercise any form of editorial control or censorship of Comments other than the above stated procedure, it reserves the right to exercise such control.
External Link Disclaimer
The Portland Egotist may provide links to third-party websites or resources as a convenience to you. Because The Portland Egotist has no control over such sites and resources, you acknowledge and agree that The Portland Egotist is not responsible for the availability of such third-party sites or resources, does not endorse the views contained therein and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to third-party sites are not endorsements by The Portland Egotist of such Third-Party Sites. You further acknowledge and agree that The Portland Egotist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource. You should direct any concerns regarding any external link to its site administrator or webmaster.
Responsibility of Copyright
The images and videos made available to you by means of The Portland Egotist are protected by the copyright and trademark laws of the United States and other countries. Before using images or videos for any purpose other than viewing on the web, you need to obtain the authorization of the owner of the materials. It is your responsibility to obtain any authorizations to use an image, video, or text that may be required; The Portland Egotist cannot give you such authorization. We cannot guarantee that The Portland Egotist will not feature unintended or objectionable content and The Portland Egotist accepts no responsibility or liability for the content of any images, videos, or text included on The Portland Egotist, or for your use of such content.
Copyright Infringement Notices
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Ben Pieratt, The Egotist LLC,2 Central St. #13, Ipswich MA 01938, (978) 491-7637, [email protected]
Limitation of Liability: Indemnity
Notwithstanding anything to the contrary contained herein, in no event shall The Portland Egotist be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the Site, even if The Portland Egotist has been advised of the possibility of such damages. By accessing the Site, you agree to indemnify and hold The Portland Egotist, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the Site or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site.
The Site is presented “AS IS” and “AS AVAILABLE,” without representations or warranties of any kind other than as may be explicitly stated in these Terms and Conditions. The Portland Egotist MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. The Portland Egotist WILL MAKE REASONABLE EFFORTS TO PRESENT THE SITE ERROR-FREE, UNINTERRUPTED, SECURE AND VIRUS-FREE BUT DOES NOT WARRANT THAT THE SITE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. Neither The Portland Egotist, nor its third-party service or software providers, shall have any liability whatsoever for any of the foregoing.
All provisions of the Site, your use of the Site and any dispute about or involving the Site, shall be governed by the laws of the State of Massachusetts USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts, City of Ipswich.
You agree to indemnify and hold The Portland Egotist, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the Site or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the Site or through the Site causes The Portland Egotist to be liable to another.
Changes to Terms & Conditions
The Portland Egotist may change these Terms and Conditions from time to time in its discretion. Your continued use of the Site constitutes your consent to these Terms and Conditions, as amended from time to time. This policy was last updated on January 1, 2018.
Ability to Accept Terms & Conditions
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to be legally bound by these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as The Portland Egotist is not intended for children under 13.
Use of Content
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 License.
If you have any questions or notices of violations to these Terms and Conditions, please contact the editor of The Portland Egotist by sending an email to [email protected]