1. This website is exclusively owned and operated under the name New England Center for Investigative Reporting (“NECIR”), a non-profit organization. These terms and conditions apply to all registered users of the website, and any violation of these Terms and Conditions may result in being barred from future access to or use of the website.
Your registration to access, submit information to, and otherwise use this website serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions. It creates a personal, revocable, nonexclusive, nontransferable license to access, post to, and otherwise use this website, conditional upon your continued compliance with the Terms and Conditions. You represent and warrant to NECIR that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. Should you object to any term or condition of this website, your only recourse is to discontinue use of the site.
2. Your access to NECIR is conditioned on your registration with the site using a unique username and password. You may be asked, from time to time, to update and/or verify your registration information. Member privileges are exclusive and granted specifically to the registered member only. You agree that you are solely responsible for the security of this information, including your passwords, and that you will use your best efforts to prevent access to your password by any unauthorized persons. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of NECIR. NECIR has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the NECIR service.
You further agree that NECIR has the power to cancel your registration at any time.
3. User represents that it:
• Has the ability, right and power to enter into these Terms and Conditions;
• Has made only true and factual assertions in agreeing to these Terms and Conditions;
• Will not disclose any processes or procedures which will damage any individual or personal or corporate property;
• Has read and understood the content of this Agreement, and;
4. The contents of this website, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs are the property of the New England Center for Investigative Reporting, copyright © [insert year that the site was started], unless stated otherwise. They may be accessed, printed, downloaded and distributed for personal use only. They are not to be reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever. Under no circumstances may the content on this Site be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of NECIR and only then will such reproduction, mirroring, cataloguing, framing, display republication be permitted if it contains the NECIR copyright notice. All rights not expressly granted herein are reserved.
In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of NECIR and may not be copied, imitated or used, in whole or in part, without the express prior written permission of NECIR.
5. Although NECIR does not claim ownership of any content posted to the site, you automatically grant NECIR an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to the site, you automatically grant NECIR all rights necessary to itself engage in and prohibit by others any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service for any purpose.
6. All other statements and materials, whether original content, advisory posts or comments to those advisory posts, reflect the views of such individual contributors and do not reflect the views of NECIR. We reserve the right to actively monitor the material placed on the NECIR website and remove any posting of content we deem illegal, infringing, or inappropriate. You represent that any contribution is in the public domain or original to you, or otherwise does not infringe the intellectual property, contractual or proprietary rights of any third parties, and is not otherwise defamatory or violative of the law.
Specifically you agree that you will not post any material:
• Advocates or encourages illegal activity;
• Impersonates any person or entity or acts on behalf of another person or entity without authorization, including but not limited to NECIR employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• Includes personal or identifying information about another person without that person’s explicit consent;
• Is false, deceptive, misleading, deceitful, misinformative, fraudulent, relates to hate-groups or other racist activities, or constitutes “bait and switch”;
• Constitutes or contains any form of junk mail, spam, chain letter, pyramid scheme or other unsolicited or illegal commercial advertisement;
• Uses the site or any of its content to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with NECIR;
• Advertises any illegal service or the sale of any items the sale of which are prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law;
• Takes any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Acts illegally or maliciously against the business interests or reputation of NECIR, publishers, advertisers, merchants or other business partners of NECIR or any related services;
• Employs any tool to disguise the origin of content, including false or misleading E-mail addresses.
7. You agree not to contact anyone who does not wish to be contacted or collect personal data about other users for commercial or unlawful purposes, through any means, including automated means such as spiders or crawlers; or to attempt to gain unauthorized access to NECIR systems or engage in any activity that will disrupt this website or its computer systems.
8. You agree not to take any action to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site. Prohibited actions include, but are not limited to:
• Logging in or attempting to log in to an account with a user name or password that is not assigned to you or impersonating a registered site user in an attempt to gain access to private information about the site or a site user.
• Posting any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including taking any action that imposes and unreasonable burden on the website’s infrastructure.
• Testing the site and its security measures in an attempt to identify or circumvent the system and its vulnerabilities.
• Modifying, reverse engineering, disassembling, decompiling or otherwise revealing and/or distributing the site’s underlying computer code.
Any attempt to engage in any of the above-listed actions or other actions to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site will result in NECIR investigating your actions, removing your authorization to access the site and use the services provided and, potentially, referring you to law enforcement authorities for criminal prosecution.
9. Section 9
11. You use this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While NECIR has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. You agree that NECIR has no control over and is not responsible for the content made available by third parties and that by using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that NECIR does not pre-screen or approve Content, but further acknowledge that NECIR has the sole discretionary right to refuse, delete or otherwise edit any content for violation of these Terms and Conditions.
Any interactions you have with other organizational or individual users of the site of any type are solely between you and such other users. You cannot rely on NECIR to perform due diligence review or otherwise pre-screen all users and associated services and therefore, you are responsible for your own investigations or research before proceeding with any transactions with such users.
If there is a dispute between users of this site or between users and any third parties, you understand and agree that NECIR is under no obligation to become involved and you agree to release NECIR, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
12. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of NECIR. Accordingly, you agree that NECIR is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the NECIR website, or for the consequences of any reliance on such information. While it is NECIR’s objective to make the NECIR website available 24 hours per day, 7 days per week, the NECIR website may be unavailable from time to time for any reason including, without limitation, routine maintenance. NECIR shall have no liability for interruptions or omissions in Internet, network or hosting services.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this NECIR website and all charges related thereto. NECIR shall not be liable to any damages to End User’s equipment resulting from the use of the NECIR website and services.
You assume the sole and complete risk of using this NECIR website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this content, that you will not rely on the content and that you will not hold NECIR liable in any way for your possible reliance on the content or for any loss or damage you incur as a result of any use of this NECIR website.
You shall be solely responsible for protecting the confidentiality of your password(s).
13. Some postings may contain links to other sites on the World Wide Web for your convenience in locating related information and content. These sites have not necessarily been reviewed by NECIR and are maintained by third parties over which NECIR exercises no control. NECIR expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.
14. You expressly absolve and release NECIR from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
15. THIS WEBSITE AND ALL OF ITS CONTENT IS PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NECIR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE CONTENT CREATED AND/OR SUBMITTED BY THIRD PARTIES. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. NECIR MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN.
UNDER NO CIRCUMSTANCES WILL NECIR BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF NECIR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, NECIR DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITE AND ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF NECIR FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED $50.00.
16. You agree you will inform NECIR immediately upon receipt of notice from any third party alleging the NECIR website or content: (i) infringes any third party copyright, trademark, trade secret or any publicity, privacy or patent right or other personal or proprietary rights; and/or (ii) breaches any terms of this Agreement.
You agree to indemnify and hold harmless NECIR, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this website, information provided by you though the website or any breach by you of these Terms and Conditions.
17. NECIR reserves the right at any time and for any reason to deny you access to the website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that NECIR reserves the right to change the Terms and Conditions under which this website is made available to you, upon notice, which may be given by NECIR posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.
18. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by NECIR of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
19. No joint venture, partnership, employment, or agency relationship exists between you and NECIR as a result of this Agreement or your use of this website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
20. This Agreement shall be governed by the laws of the State of Massachusetts, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Massachusetts. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by user without the prior written consent of NECIR, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to “Co-Director at NECIR.