TERMS AND CONDITIONS OF USE
(“Terms and Conditions”)
PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE CAMBRIDGE.COM WEB SITE (THE “SITE”). YOUR (HEREAFTER “YOU,” “YOUR” OR “USER”) USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
1. OWNERSHIP. The Site is operated by Kirkland Holdings LLC (“CAMBRIDGE.COM”). The mailing address for CAMBRIDGE.COM is 36 Colbourne Crescent, Brookline, MA 02445.
2. SERVICES. CAMBRIDGE.COM provides information services and content related to the city of Cambridge, Massachusetts (the “Services”). While we endeavor to provide detailed, rich and entertaining content and promotional materials for our Users, we do not guarantee the accuracy, safety, relevance, timeliness or source of any of the information or content available through the Services.
3. ACCESS TO THE SERVICES. Your access to and use of the Services and this Site are subject to the terms of this Agreement. Our Services are provided solely for your own use, and not for the use or benefit of any third party. CAMBRIDGE.COM may change, suspend or discontinue the Services at any time, including the availability of any feature, listing, database, or other content. CAMBRIDGE.COM may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. CAMBRIDGE.COM reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, CAMBRIDGE.COM encourages you to review the Terms and Conditions whenever you use the Site.
CAMBRIDGE.COM cannot promise that access to the Site will be uninterrupted or available at all times. CAMBRIDGE.COM assumes no liability or responsibility for any delay, interruption, or downtime.
4. USER’S OBLIGATIONS. You represent to CAMBRIDGE.COM that if you are an individual (i.e., not a corporation) you are at least 18 years of age, OR that you have permission of your parent or legal guardian to use this Site. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Without limiting any other term of this Agreement, you may not:
- remove or conceal any proprietary notices from the Site;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- use, frame, or utilize framing techniques to enclose any CAMBRIDGE.COM trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without the CAMBRIDGE.COM’s express written consent;
- use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content (as defined below) or portion of the Site;
- use this Site for any commercial purpose or the benefit of any third party or any manner without CAMBRIDGE.COM’s express written consent;
- use meta tags or any other “hidden text” utilizing any CAMBRIDGE.COM name, trademark, or product name without the CAMBRIDGE.COM’s express written consent, or “deep link” to this Site without the CAMBRIDGE.COM’s express written consent;
- create, purchase or utilize any banner ads, keywords or any other form of Internet optimization tools to compete with the CAMBRIDGE.COM’s advertising, or redirect traffic from the CAMBRIDGE.COM’s Site (including by registering or using domain names similar to those utilized by the Site);
- use the Site or submit any User Content to generate or send any unsolicited commercial email (spam);
- copy any elements of the Site (other than as expressly provided under United States copyright laws);
- access, create or modify source code of the Site in any way;
- use the Site to, or in any way that would, violate any applicable local, state, national and/or international law, regulation, ordinance or fair business or medical practice;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any User Content;
- collect or store personal data about others;
- attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- Submit User Submissions (as defined below) that solicit funds or services or contain or include any virus, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or
- use this Site to develop, generate, upload, post, display transmit or store information or Content that: (A) infringes any third party’s intellectual property, confidentiality, trade secret or other proprietary right; (B) is defamatory, false, hateful, harassing, vulgar, libelous, pornographic, an invasion of privacy, obscene, sexually oriented, abusive, illegal, racist, offensive or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site.
5. SITE CONTENT – INTELLECTUAL PROPERTY RIGHTS. The Site and its contents, including the CAMBRIDGE.COM trademark and logo, the lay out and “look and feel” of the Site are proprietary to CAMBRIDGE.COM, is intended solely for the use of CAMBRIDGE.COM Users and may only be used in accordance with the terms of this Agreement. All materials displayed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, trademark and other intellectual property laws. You agree to abide by all copyright and proprietary rights notices and restrictions contained in any Content accessed through the Site and the Services, as well as the restrictions set forth in this Agreement concerning your use of the Content.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. Except as otherwise provided in these Terms, you may not distribute, display, perform, modify, publish, transfer, participate in the transfer of, create derivative works based on, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Without limiting the foregoing, you may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with CAMBRIDGE.COM’s ownership of and rights with respect to the Site and Content.
Our trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CAMBRIDGE.COM or other appropriate rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of CAMBRIDGE.COM and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CAMBRIDGE.COM. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
You may print, download or copy the Content, for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from CAMBRIDGE.COM, or from the copyright holder identified in such Content’s copyright notice.
6. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide CAMBRIDGE.COM with written notice of same (“Notice”). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. Your Notice of copyright infringement must include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your Notice to:
Attention: Copyright Compliance
36 Colbourne Crescent
Brookline, MA 02445
7. SUBMISSIONS. You are welcome to submit comments regarding the Site. In addition, certain activities of the Site, including occasional contests, promotions or solicitations of Users, will solicit and encourage the submission and/or uploading of materials from Users. Any User content submitted to the Site, including but not limited to any comments, feedback, reviews, notes, messages, ideas, suggestions, responses to contests, promotions or other requests for materials and all other communications sent to CAMBRIDGE.COM (“User Submissions” or “Submissions”), become the property of CAMBRIDGE.COM upon receipt and CAMBRIDGE.COM shall have no obligation to return such Submissions to User. Furthermore, by submitting any User Submissions, you hereby grant to CAMBRIDGE.COM a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against CAMBRIDGE.COM for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions, and you expressly release all claims relating to the foregoing.
You agree to submit only User Submissions that are proper, lawful, truthful and related to the purposes of the Site or our request for your User Submission. You agree that you will not, and will not permit others to, submit any User Submissions that: (i) violate any third party rights, including, but not limited to, Submissions that make unauthorized use of copyrighted materials (including music, graphics, photos and the like), or trademarks of third parties, or that use of any living person’s name(s), voice(s), image(s), photo(s), or that otherwise violate any rights of privacy, publicity or celebrity of any third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that is risky or dangerous, could constitute a criminal offence, could give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false, deceptive or misleading indications of origin or statements of fact; (vi) disrupt the normal flow of activity on the Site; or (viii) constitute chain letters, pyramid schemes, hoaxes, false alarm messages, “spam,” or similar material.
9. LINKS. This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by CAMBRIDGE.COM, its third party Advertisers, or its or their respective agents of the contents of such other web sites. Neither CAMBRIDGE.COM nor any Advertiser shall be responsible for the Content of any other web sites. Neither CAMBRIDGE.COM nor any Advertiser make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
10. WARRANTY DISCLAIMER. CAMBRIDGE.COM has no special relationship with or fiduciary duty to you. You acknowledge that CAMBRIDGE.COM has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CAMBRIDGE.COM from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate or to sites that have inaccurate or out of date information. CAMBRIDGE.COM makes no representations concerning any Content contained in or accessed through the Site, and CAMBRIDGE.COM will not be responsible or liable for the accuracy, completeness, legality or decency of material contained in or accessed through the Site.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY OR THIRD PARTIES THROUGH THIS SITE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
ALTHOUGH WE STRIVE TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
CAMBRIDGE.COM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW
SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). CAMBRIDGE.COM makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. CAMBRIDGE.COM will not be liable for the privacy of email addresses, registration and identification information (if applicable), disk space, communications, confidential or trade-secret information, or any other Content stored on CAMBRIDGE.COM’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
12. REGISTRATION AND SECURITY. As a condition to using some Services, you may be required to register with CAMBRIDGE.COM and select a password and user name (“CAMBRIDGE.COM User ID”). You may also seek certain enhanced listing or other enhanced services available through our Site. In the event you register with us for such purposes (or any purpose) you shall provide CAMBRIDGE.COM with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use as a CAMBRIDGE.COM User ID a name of another person with the intent to impersonate that person, or (ii) use as a CAMBRIDGE.COM User ID a name subject to any rights of a person other than you without appropriate authorization. CAMBRIDGE.COM reserves the right to refuse registration of, or cancel a CAMBRIDGE.COM User ID in its discretion. You shall be responsible for maintaining the confidentiality of your CAMBRIDGE.COM password.
13. INDEMNITY. You agree to defend, indemnify and hold harmless CAMBRIDGE.COM, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of your breach of any of the terms and conditions of this Agreement, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content, including but not limited to any claims that any User Submission is defamatory or untruthful.
14. LIMITATION OF LIABILITY. Under no circumstances shall CAMBRIDGE.COM, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with your reliance upon, use of or inability to use the Site or any of its Contents. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortious action, even if an authorized representative of CAMBRIDGE.COM or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any Content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of CAMBRIDGE.COM and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars (U.S. $100.00).
The vendors, service providers, distributors, and information sources listed on CAMBRIDGE.COM (“Advertisers”) are independent from and not agents or employees of CAMBRIDGE.COM or its affiliates. CAMBRIDGE.COM and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Advertiser, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. CAMBRIDGE.COM and its affiliates have no liability and will make no refund in the event of any dispute between or among a User and any Advertiser, including but not limited to any dispute concerning the services provided by said Advertiser or any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. CAMBRIDGE.COM and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
15. FEES AND PAYMENT. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. CAMBRIDGE.COM reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
16. ATTORNEY’S FEES. If CAMBRIDGE.COM or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to CAMBRIDGE.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that CAMBRIDGE.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by CAMBRIDGE.COM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
18. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. CAMBRIDGE.COM may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, for any reason or no reason and without prior notice to you. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
19. APPLICABLE LAW AND FORUM. You agree that use of this Site shall be deemed a passive website, solely based in Massachusetts, that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Massachusetts.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, or your use of the Site shall be filed only in the state and federal courts located in Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.
20. CHANGES. CAMBRIDGE.COM reserves the right to make changes to this Agreement at any time without notice. In the event of material changes, CAMBRIDGE.COM will endeavor to advise Users of changes with a prominent notice on its home page. Users are encouraged to check this Agreement often for any updates or changes.
21. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CAMBRIDGE.COM shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond CAMBRIDGE.COM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with CAMBRIDGE.COM’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by CAMBRIDGE.COM. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind CAMBRIDGE.COM in any respect whatsoever.
Last Updated: August 24, 2011