TERMS AND CONDITIONS OF USE AND ACCESS
EFFECTIVE May 3, 2010
IMPORTANT: BY USING NJSPOTLIGHT.COM, ITS SUB-DOMAINS AND ANY SERVICES AVAILABLE THEREFROM (COLLECTIVELY, THE “SITE”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND ACCESS (THE “TERMS”). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, DO NOT USE OR ACCESS THE SITE.
The Terms constitute a legal agreement between you (“you” or “your”) and [NJSpotlight.com, LLC] (“NJSpotlight” or “we”). In consideration of your use of and access to the Site and the promises and obligations herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree to these Terms and acknowledge that you are bound hereby.
Your access to and use of the Site is subject to these Terms, as well as any Revisions (as defined below) to these Terms that may be issued by NJSpotlight from time to time. To the extent any area within or functionality of the Site contains specific terms and conditions concerning its use (“Specific Terms”), and you are granted access to or use of such areas or functionality by NJSpotlight, those Specific Terms are in addition to and deemed included within these Terms. For example, NJSpotlight may offer certain products and services for sale or license, sponsor certain promotions with additional terms and conditions or establish rules for specific areas of the Site. To the extent there is a conflict, inconsistency or ambiguity between these Terms and the Specific Terms, these Terms shall prevail.
You further agree that these Terms (including, without limitation, any applicable Specific Terms) are the complete and exclusive statement of the agreement between NJSpotlight and you with respect to your access to and use of the Site and its Content (as defined below), and supersede all prior or contemporaneous proposals, understandings and all other agreements, oral and written, relating to the subject matter hereof. Any provision of these Terms which is prohibited by or unlawful or unenforceable under any applicable law of any jurisdiction will be ineffective to the extent that it is prohibited by or unlawful or unenforceable as to such jurisdiction without affecting any other provision of these Terms or its enforceability in any other jurisdiction; provided, however, that such provision shall be enforced to the maximum extent possible to maintain its original intent. To the full extent, however, that any law limiting the enforceability of these Terms may be waived, such law is hereby waived. NJSpotlight’s rights under these Terms may not be waived unless a duly authorized officer of NJSpotlight agrees to such waiver in a non-electronic writing, and a waiver of any of NJSpotlight’s rights in one instance shall not constitute a waiver in future instances.
NJSpotlight’s performance of the Terms is subject to applicable law and legal process, and nothing contained in these Terms is in derogation of NJSpotlight’s right to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Site and the Content or information provided to or gathered by NJSpotlight with respect to such use.
These Terms shall be binding upon you and NJSpotlight and your and NJSpotlight’s successors, assigns, executors, heirs and legal representatives (as applicable). You may not assign your rights or obligations under these Terms without NJSpotlight’s prior written consent, and any purported assignment without such consent shall be void and of no force and effect.
2. CHANGES IN TERMS
NJSpotlight shall have the right at any time and without prior notice, in its sole and absolute discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content or any other matter (such revisions and/or new terms and conditions, collectively, the “Revisions”). The Revisions shall be effective upon (i) the posting of the revised Terms to the Site, and (ii) a posting of a notification on the home page of the Site stating that the Terms have changed, which posting shall remain on the home page for a minimum period of one (1) week from the date that the Revisions are posted. You are responsible for visiting the Site periodically to review the Terms. You agree that you shall be deemed to be apprised of and bound by any Revisions reflected in such Terms pursuant to this Section 2. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE NOTICE AND THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms by any party other than NJSpotlight shall be valid or enforceable against NJSpotlight unless expressly agreed to by NJSpotlight in a non-electronic writing signed by a duly authorized officer of NJSpotlight.
These Terms are effective until terminated by NJSpotlight. NJSpotlight may terminate these Terms without notice and at any time, with respect to you or any or all users of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site. NJSpotlight shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any user’s right to access or use the Site or any portion thereof. In the event of a termination of these Terms or your access to and use of the Site, Sections 1, 3, 4, 5, 6, 8, 9, 10, 11 and 12 of these Terms shall survive and continue in full force and effect, all rights granted by you shall remain in full force and effect and, except as required by applicable law, NJSpotlight shall be permitted, but shall not have any obligation, to delete any of your accounts, Submitted Content or other information. In the event of the termination of these Terms or your access to or use of the Site, you must immediately destroy all copies of the Content (other than your Submitted Content) in your possession and, at our request, certify to us in writing as to such destruction.
4. SITE CONTENT; ACCESS; DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
(a) Site Content. Unless specifically permitted herein, no information, materials, files or content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior consent of NJSpotlight. Content of interest to you on the Site may be downloaded by you only for your own personal, non-commercial use and provided that (i) the Content is not modified, (ii) all copyright and other proprietary notices are preserved, (iii) you do not use the Content in a manner that suggests an association with us or the Site, and (iv) you do not download Content so as to avoid future visits to the Site. The Site and the Content found therein are the property of NJSpotlight and its licensors and are protected by copyright laws, and international treaty provisions. You acknowledge that NJSpotlight and its licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to copy (other than the limited download right provided above in this Section 4(a)), modify, rent, lease, loan, sell, license, print, assign, distribute, upload, create a new work from, create a derivative work from, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing.
(b) Access. Unauthorized access to or use of the Site or the Content is a breach of these Terms and a violation of law. Only individuals thirteen years of age and older are authorized to access the Site and the Content, and by accessing and using the Site and the Content you warrant and represent that you are at least thirteen years of age. You agree not to access the Site or the Content by any means other than through the World Wide Web by accessing our website with a standard Internet browser (e.g. Internet Explorer, Firefox, etc.). You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. The Site, the Content and any software relating thereto is further subject to United States export controls. By accessing and using the Site and the Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any country from which access of the Site would be prohibited under United States law or on any prohibited or restricted list of the United States government or otherwise in violation of export control laws or regulations.
(c) Note on Site Content. (i) The Content on the Site includes, without limitation, news coverage, analysis, interactive tools and data on New Jersey state and local government and public policy issues. The Content on the Site also includes a variety of information and views and opinions on a wide range of topics. Some Content will be provided directly by NJSpotlight and its licensors. In other instances, Content will be provided by third parties under agreements with NJSpotlight. NJSpotlight does not warrant that any Content, regardless of its source, is accurate, complete, reliable, current, of good quality or error-free. You should not rely on such information including, without limitation, in situations where its inaccuracy would or could cause you or a third party to suffer or incur any loss, damage, liability or injury.
(ii) This Site and the Content contained herein is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Agreement.
(iii) While using the Site, you may be exposed to Content that you find offensive, indecent, profane, objectionable or inaccurate, and you bear all risks associated with your access to or use of such Content. We have the right, but not the obligation, to remove any Content that may (in our sole and absolute discretion) violate these Terms or that we may otherwise decide should be removed from the Site (in our sole and absolute discretion).
(iv) Links to other sites and resources operated by third parties do not constitute sponsorship, endorsement or approval by NJSpotlight of the content, policies or practices of such linked sites and resources. Linked sites and resources are not operated, controlled or maintained by NJSpotlight, and NJSpotlight is not responsible for the availability, content, security, policies or practices of linked sites and resources including, without limitation, privacy policies and practices. Links to other sites and resources are provided for your convenience only and you access them at your own risk.
(d) DISCLAIMER OF WARRANTIES AND REPRESENTATIONS. IN FURTHERANCE OF THE FOREGOING, THE SITE, AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (1) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE, AND (2) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. NJSPOTLIGHT MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. NJSPOTLIGHT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE CONTENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of NJSpotlight shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
5. GOVERNING LAW AND JURISDICTION
The Site is managed by NJSpotlight from its offices in the United States. Those who choose to access the Site from locations outside of the United States are responsible for compliance with applicable local laws. The Site and the Content have been specifically designed for use solely in the United States. You must not use the Site or the Content in countries where it is restricted, prohibited or limited by local laws, regulations, codes or customs. NJSpotlight makes no warranty or representation that the Site or the Content is appropriate or available for use in locations outside of the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflicts of laws principles. BY USING THE SITE, YOU SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION OF AND EXCLUSIVE VENUE IN THE FEDERAL DISTRICT COURT LOCATED IN NEWARK, NEW JERSEY AND THE SUPERIOR COURT OF THE STATE OF NEW JERSEY FOR MORRIS COUNTY TO RESOLVE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE OR THE CONTENT, AND WAIVE ANY OBJECTIONS THERETO INCLUDING THOSE OF INCONVENIENT FORUM OR SIMILAR DEFENSES.
To the extent permitted by law, if any dispute or claim results in a lawsuit, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
No claim or cause of action based on these Terms, the Site or the Content, or your access or use thereof, may be brought by you more than one (1) year after such claim or cause of action arose.
6. LIMITATION ON DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL NJSPOTLIGHT, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS OR REPRESENTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE “NJSPOTLIGHT PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE (AND/OR THE CONTENT CONTAINED THEREIN AND DISSEMINATED THEREFROM), EVEN IF THE NJSPOTLIGHT PARTIES (OR ANY ONE OR MORE OF THEM) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORSEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF NJSPOTLIGHT PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, THE AGGREGATE LIABILITY OF THE NJSPOTLIGHT PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES (IF ANY) PAID BY YOU TO NJSPOTLIGHT IN THE SIX MONTH PERIOD PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE NJSPOTLIGHT PARTIES (OR ANY ONE OR MORE OF THEM), OR (B) $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of NJSpotlight shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
7. SUBMISSION OF MATERIALS OR CONTENT; USE OF SITE; NOTIFICATIONS
By contributing or submitting any materials, information, ideas, suggestions, ratings, reviews, recommendations or other content to NJSpotlight (whether through the Site or otherwise, collectively the “Submitted Content”), you warrant that you are the author and owner of all intellectual property and proprietary rights in such Submitted Content, and you grant NJSpotlight (and any of our licensees, distributors, affiliates, partners, agents, representatives and other authorized users who we may designate or authorize from time to time) a worldwide, perpetual, irrevocable, royalty-free, transferable, unrestricted, sub-licensable right and license to use, re-use, copy, modify, delete in its entirety, adapt, publish, host, store, cache, archive, index, categorize, comment on, broadcast, stream, translate, publicly perform, publicly display, exhibit, create derivative works from and/or sell and/or distribute, re-distribute, publish, transmit and disseminate and/or incorporate or otherwise exploit such Submitted Content in, with, into or through any form, medium or technology (whether now known or hereinafter developed and whether online, offline or otherwise) without compensation to you, without obtaining your permission or providing attribution, and for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes. In addition, you warrant that all “moral rights” that you may have in such Submitted Content have been voluntarily waived by you, and you agree that the license in the first sentence of this Section 7 includes, without limitation, the right for NJSpotlight, its affiliates and partners to use any name, likeness, image and other identifying characteristics that are embodied or incorporated into any Submitted Content and which shall be considered part thereof for the purposes of these Terms.
NJSpotlight reserves the right to, from time to time, refuse, move, remove, change, condense or delete any Submitted Content or Content on the Site in NJSpotlight’s sole and absolute discretion, and to change your username, in each instance for any or no reason and in NJSpotlight’s sole and absolute discretion. You agree that any Submitted Content you provide is not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.
You agree that you shall not post, publish, submit (other than in connection with your registration with the Site) or otherwise disseminate through the Site any Submitted Content or other information:
(a) that is known by you to be false, inaccurate or misleading;
(b) that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
(c) that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) that is, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, profane, abusive, racially, religiously or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
(e) for which you were compensated or granted any consideration by any third party;
(f) that includes any personally identifying information or that references addresses, email addresses, contact information or phone numbers;
(g) that contains any computer viruses, worms or other potentially damaging computer programs or files;
(h) that contains an advertisement or offer for sale of any products or services (unless you have NJSpotlight’s prior non-electronic written consent to do so); or
(i) that consists of, includes or incorporates surveys, contests, pyramid schemes, spam, unsolicited advertising, chain letters or promotional materials.
In addition to the foregoing, you agree not to:
1) Download any file that you know or reasonably should know cannot be legally obtained in such manner;
2) Restrict or inhibit any other user from using and enjoying any public area within the Site;
3) Create more than one account on the Site;
4) Attempt to access or use the Site or the Content after your access or use has been terminated;
5) Affect the way the Site displays Content (including any pages contained therein);
6) Frame the Site or put pop-up windows over its pages;
7) Use any automated means to access or use the Site or to collect any Content contained therein;
8) Modify or create variant versions of NJSpotlight’s name, trademarks or logos;
10) Interfere with or disrupt the Site or its infrastructure;
11) Impersonate any person or entity, including, but not limited to a NJSpotlight representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site.
13) Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
14) Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
15) Engage in any acts or omissions that could or do constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
We cannot and do not assure, guaranty, warrant or represent that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the area of the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us using the contact information in Section 13 below. We may also send certain service announcements and administrative messages to you by email. You may not opt-out of these announcements and messages, but may opt-out of our other newsletters an email lists by using the unsubscribe links contained in the relevant messages.
You agree and acknowledge that NJSpotlight does not pre-screen information, materials and content submitted by its users and has no obligation to do so. However, by accessing and using the Site you agree and acknowledge that NJSpotlight reserves the right (but not the obligation) to, and may, in its sole and absolute discretion at any time and for any reason, (a) refuse, edit, alter, modify or delete all or any portion of any information and Submitted Content submitted by any user, and (b) monitor and review your access and use of the Site, the Content and all Submitted Content provided by you or any of the users of the Site.
You agree to defend, indemnify and hold harmless NJSpotlight, its affiliates, vendors, partners, and each of their respective directors, trustees, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach these Terms or any term or condition hereof, (b) your access to or use of the Site and/or the Content, (c) any Submitted Content provided by you or on your behalf, or the subsequent use and access thereto by third parties, (d) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property, proprietary or other right, (e) your tortious acts including, without limitation, defamation, and/or (f) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
In the event that you have a dispute with one or more users of the Site, you hereby irrevocably, release and discharge NJSpotlight, its affiliates, vendors, partners and each of their respective directors, trustees, officers, members, managers, employees, agents and representatives against and in respect of all past, present and future claims, actions, losses, damages, liabilities, costs and expenses, (including, but not limited to, reasonable attorneys’ fees and court costs) whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. [To ensure that the release provided in this Section 10 is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this Section 10 by virtue of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in California or jurisdictions other than California as it pertains to the enforcement of the release in this Section 10.
11. INFRINGEMENT OF COPYRIGHTS AND NJSPOTLIGHT COPYRIGHT POLICY
NJSpotlight respects the rights of all copyright holders and accordingly has adopted a policy that provides for the removal of materials (“Materials”) that infringe upon the rights of copyright holders as further described below.
The Copyright Agent for notice of claims of copyright infringement on or regarding NJSpotlight is:
Attn: John Mooney
35 Knox Hill Rd.
Morristown, NJ 07963
If you believe Materials on the Site infringe your copyright rights, you should send notice of alleged copyright infringement to NJSpotlight’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S. C. §512) by providing the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right this is allegedly infringed;
(2) Identification of the copyright 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith believe 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. To learn more, see 17 U.S.C. §512.
Once you provide NJSpotlight with an adequate notice as described above, NJSpotlight will act expeditiously to remove or disable access to the identified Materials. NJSpotlight will also take reasonable steps to promptly notify the user that provided the allegedly infringing Materials. If the user does not believe it has infringed your copyrights, then the user may provide NJSpotlight with a counter notification containing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act:
(1) The user’s physical or electronic signature;
(2) 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;
(3) A statement under penalty of perjury that the user 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;
(4) The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the user’s address is located, or if the user’s address is outside of the United States, for any judicial district in which NJSpotlight may be found, and that the user will accept service of process from the person who provided notification of the alleged infringement.
In the event that NJSpotlight receives a counter notification in compliance with the above requirements, it will provide you with a copy of the counter notification and inform you that NJSpotlight will replace the removed material in 10 business days from the date of the counter notification unless NJSpotlight first receives notice from you that you have filed an action seeking a court order to restrain the user from engaging in the allegedly infringing activity of uploading the Uploaded Material to the Site.
NJSpotlight is authorized to and will terminate your user name and password in the event that you are determined to be a repeat infringer. PLEASE NOTE THAT NJSPOTLIGHT INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERAL THOUGHT TO BE INFRINGING.
If you have questions or comments, please contact us at:
Attn: John Mooney
35 Knox Hill Rd.
Morristown, NJ 07963
The Site and the Content are © 2010 NJSpotlight.com, LLC and its licensors (as applicable), all rights reserved. NJSpotlight™ and its associated logo are service marks of NJSpotlight, LLC and may not be used or displayed in any manner without its prior written consent in each instance.