The following terms apply to Poetry Society of New Hampshire, a New Hampshire corporation (“NFG”) and nonprofit corporation (together, “Poetry Society of New Hampshire ”, “us,” “our” or “we”).
By accessing or using www.psnh.org or any other websites linking to these Terms and Conditions (collectively, the “Websites”),
By accessing or using any of the Poetry Society of New Hampshire services, or any applications (including mobile applications) made available by Poetry Society of New Hampshire (collectively, the “Services”),
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the PSNH.org website, You signify that You have read, understand, acknowledge, and agree to be bound by the following Terms & Conditions.
You acknowledge that these Terms & Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.. If You do not agree to these Terms & Conditions, You may not use the Websites or Services or accept any donations through Poetry Society of New Hampshire. Any use of the Websites or Services in violation of these Terms may result in termination or suspension of Your permission to access or use the Websites and Services.
Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our many partnering organizations that have its own terms and conditions that apply in addition to these Terms & Conditions. In those cases, the terms specific to the special feature, service, or application control to the extent there is a conflict with these Terms & Conditions.
We reserve the right, in our sole discretion, to change these Terms & Conditions (“Updated Terms”) from time to time. We will make reasonable efforts to provide You with notice if the Updated Terms contain any material and substantive changes to Your use of the Websites or Services. You agree that we may notify You of the Updated Terms by posting them on the Websites or Services, and that Your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes Your agreement to the Updated Terms.
Therefore, You should review these Terms & Conditions and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Services from that point forward. These Terms & Conditions will govern any disputes arising before the effective date of the Updated Terms.
- All trademarks, service marks, and trade names on the Websites, including the Poetry Society of New Hampshire marks (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Poetry Society of New Hampshire or other owners that have granted Poetry Society of New Hampshire the right and license to use such Marks. Poetry Society of New Hampshire owns all rights, title, and interest in the Websites and Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Websites and Services, and the compilation of the content, code, data, and materials on the Websites and Services, including all intellectual property and proprietary rights (collectively, the “Content”). The Websites, Services, and Content are copyrighted and are the property of Poetry Society of New Hampshire or the members who have posted their original work on the Websites. We may change the Websites or Services or delete Content or features at any time, in any way, for any or no reason.
- Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Websites. Requests for written consent may be made via email to email@example.com
- Poetry Society of New Hampshire shall be the sole and exclusive owner of the Services, Websites, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Websites, or Content all copyright, patent, trade secret, trademark, and other intellectual, rights related to the Services, Websites, and Content, and all tangible media on which the Services, Websites, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Websites, or Content except for the limited license to property use the Services, Websites, and Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, Websites, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download onto a single personal computer and print in portions of the Content from the Websites and Services solely for Your own personal, non-commercial use. Otherwise, You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Websites, Services, or Content.
- When You, if a donor, submit Your contact information to sign up for a Poetry Society of New Hampshire Profile, You agree and consent that Poetry Society of New Hampshire may send You communications via email relating to our programs, events, or publications. When You, if a supporting organization, submit Your organization’s contact information to sign up for an account with Poetry Society of New Hampshire, You agree and consent that Poetry Society of New Hampshire may send Your organization communications via email relating to our programs, events, or other related information. Please contact us at firstname.lastname@example.org to opt out of receiving such communication.
- By providing Poetry Society of New Hampshire with a phone number, You agree that you have provided Your consent to receive informational and transactional voice and/or text messages from Poetry Society of New Hampshire using an artificial or prerecorded voice, which may be sent using an automatic telephone dialing system.
Poetry Society of New Hampshire may update or otherwise modify the Services or Websites at any time for any reason in Poetry Society of New Hampshire’s sole discretion. Poetry Society of New Hampshire may shut down the Services or Websites for maintenance and development work when necessary. Poetry Society of New Hampshire shall have no obligation whatsoever to customize, modify or improve the Services or Websites.
RULES OF CONDUCT
You acknowledge and agree that:
- You will not use the Websites or Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). You will not send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email or other contact information of other Users of the Websites for the purposes of sending spam.
- You will not use the Websites or Services for the sale of goods or services or to conduct raffles or sweepstakes.
- You will not use the Websites or Services to offer members goods, services, or event tickets in exchange for their payment to You.
- You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Websites or Services.
- You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
- You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Poetry Society of New Hampshire, is objectionable, or which may expose the Websites, Services, or their Users to any harm.
- You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- You will not reverse engineer any aspect of the Websites. You will not use spiders, scrapers, crawlers, or other automated means or interface not provided by us to access the Websites or to extract data.
- You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.
- You will not falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- You will not restrict or inhibit any other authorized User from using and enjoying the Websites or Services.
- You will not violate any applicable laws or regulations.
- You will not create a false identity for the purpose of misleading others.
- Poetry Society of New Hampshire reserves the right to remove You from any Website or Services at any time for any reason.
- We take no responsibility and assume no liability for any content posted, stored, or uploaded by You or any third party, or for any loss or damage thereto, nor is Poetry Society of New Hampshire liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. Poetry Society of New Hampshire is not liable for any statements, representations, or content provided by its Users on the Websites or through the Services. Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Websites or through the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Websites or through the Services.
CLAIMS OF COPYRIGHT INFRINGEMENT
- We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright.
- Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Poetry Society of New Hampshire’s designated agent, as follows:
Service Provider: Poetry Society of New Hampshire
Designated Agent: Treasurer
Full Address: PO Box 1118, Amherst, NH 03031-1118
- To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. 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;
- 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;
- 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
- 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.
- We may give You notice that we have removed or disabled access to certain material by means of a general notice on the Websites, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to Your physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- 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;
iii. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Poetry Society of New Hampshire may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
USER GENERATED CONTENT AND LICENSING RIGHTS.
The Poetry Society of New Hampshire Services or Websites may allow You to upload, download, or share content with other users or persons. However, Poetry Society of New Hampshire does not permit You to use the Websites or Services to upload, download, or share anything such as messages, posts, text, film, video, audio, photographs, or other recordings or images, or any other content (collectively, “User Generated Content” or “UGC”) that You do not have a right to use and share on the Internet.
- By use of any UGC on our Websites or via the Services, You represent and warrant that: (a) You are the original author or creator of the UGC and/or have full copyright, title and interest or have a license in and to any UGC; (b) You have the full power and authority to upload, download and/or share such UGC; and (c) the use of all or any element of the UGC will not violate or infringe upon the trademarks, trade names, copyrights, patents, privacy or publicity rights or any other personal or proprietary rights of an person or entity, and will not defame or libel any person or entity.
- Monitoring, Screening and Removal of UGC. You acknowledge that we and/or our designees may or may not pre-screen UGC, and that we have no control over UGC, therefore we do not guarantee the accuracy, integrity, or quality of such content. We shall have the right (but not the obligation), in our sole discretion, to move, remove, block access to, monitor, screen, modify, refuse or decline to restore any UGC or your access to any UGC for any or no reason, including without limitation that such UGC violates this Agreement or is otherwise objectionable.
- Poetry Society of New Hampshire takes no responsibility and assumes no liability for any UGC uploaded, transmitted, or downloaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity, You may encounter. As the provider of the Websites and Services, we are only a conduit and are liable for any statements, representations, or content provided by users. Any opinions, advice or recommendations expressed therein are those of the users providing such content and not those of Poetry Society of New Hampshire. Poetry Society of New Hampshire does not endorse any content or any opinion, recommendation or advise expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Websites or Services are used to disseminate statements that are currently or are potentially harmful or inflammatory.
UGC LICENSE AND RIGHTS.
Please note that if You upload, share or otherwise make available any UGC on our Websites or Services, You will still own the UGC (assuming you have the rights to own it or the UGC does not contain Poetry Society of New Hampshire Marks, in which we reserve all ownership rights) but You are giving Poetry Society of New Hampshire and any third party visitor of Poetry Society of New Hampshire’s Websites, the right to use Your UGC. That means that if You send in, post, upload, make available, or disclose to us in any way any UGC, You grant us, our related entities and any third party, the right to use it in any way and in any medium, without getting Your permission or having to pay You for it.
THE CONTENT, THE WEBSITES, THE SERVICES, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM THE WEBSITES OR OTHERWISE ACCESSED BY YOU IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INTERFERENCE, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE SERVICES, OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD-PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to You, and You may have additional rights to those contained herein.
The Websites are controlled and operated from the United States. In choosing to access the Websites or use the Services, You do so on your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules and regulations. We may limit the Websites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
ONLINE HELP & FAQs
The Services include online help functions and a “Frequently Asked Questions” section to assist You and Your access holders in the use of the Services. Poetry Society of New Hampshire currently makes no customer support and services available. However, the provision of such customer support and services is subject to change at any time without notice, in Poetry Society of New Hampshire ’s sole discretion.
You are responsible for maintaining the confidentiality of Your username(s), password(s), and Your account(s), as well as all activities that occur under Your account(s). You hereby agree to indemnify, defend, and hold Poetry Society of New Hampshire , our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms & Conditions or claims arising from Your use of the Websites, Services, Content, and/or Your account(s). You shall use Your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
LIMITATION OF LIABILITY
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL POETRY SOCIETY OF NEW HAMPSHIRE , OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITES OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS & CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- These Terms & Conditions shall be construed in accordance with the laws of the District of Columbia, without regard to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the District of Columbia. If any provision of these Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms & Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. In these Terms & Conditions, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS OR THE WEBSITES, SERVICES, OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
- Supply of goods, services, and software through the Websites is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Websites, You represent and warrant that your acquisition comports with and Your use of the item will comport with those requirements. Without limiting the foregoing, You may not acquire goods, services, or software through the Websites if: 1) You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, the Crimea region of the Ukraine, or Syria or if You are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) You intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, the Crimea region of the Ukraine or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.
- We may suspend or terminate Your account and your ability to use the Services, the Websites, or portion thereof for failure to comply with these Terms & Conditions or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
You agree to defend, indemnify, and hold harmless Poetry Society of New Hampshire , their parents, subsidiaries, and affiliates, and their respective officers, directors, agents, distributors, franchisees, and employees against any loss, damage, expense, or cost, including reasonable attorneys’ fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party based on (i) your material breach or the inaccuracy of any covenant, duty, representation, or warranty set forth in these Terms & Conditions, (ii) materials contained on your website (including any allegation that such materials infringe a third party’s proprietary rights), and (iii) any other aspect of your activities or your website and the content thereon.