Please read user agreement (amended as of May 3, 2009) before using this service. By continuing to use TomRue.net, or any of the sites hosted thereon and thereby ("Service"), you agree to abide by the conditions of this agreement.

TomRue.net Service User Agreement

1. Welcome to TomRue.net. By using this Service, you agree to be bound by all of the terms of this Agreement and by our Commenting Guidelines. The Service is currently free to all users. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.

2. You represent that you have read and agree to abide by the following Commenting Guidelines:

TomRue.net welcomes user comments on our stories and posts. TomRue.net's mission is to engage the public in news analysis of issues in the community and to encourage interaction with writers and other posters. We intend for this area to be used by our readers as a place for civil, thought-provoking and high-quality public discussion. In order to achieve this, TomRue.net requires that all commenters register and post comments with their actual names and place of residence. TomRue.net reserves the right to remove postings that include the use of foul language, personal attacks or the use of language that may be libelous or interpreted as inciting hate or sexual harassment; however we are under no obligation to do so. User comments may be reviewed by moderators and may be included or excluded at our discretion.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

3. This Service (including, but not limited to, text, photographs, graphics, video and audio content) 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 Service.

4. (a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. For more information on our Rights & Permissions policy, please write to TomRue.net, Editor, PO Box 706, Monticello, New York 12701. You may also e-mail tomrue [at] gmail.com.

(b) TomRue.net has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (5a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright that has not been authorized by us.

(c) Just as TomRue.net requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify TomRue.net by email at tomrue [at] gmail.com, Editor, PO Box 706, Monticello, New York 12701. You may also e-mail tomrue [at] gmail.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

5. TomRue.net does not currently charge for its Service. If TomRue.net does initiate a charge for its Service, notification of such charges will be posted on our home page. You will be responsible for all charges, if any, incurred while your account is being used, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

6. You agree to indemnify and hold harmless TomRue.net and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the TomRue.net Service Commenting Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service but are under no obligation to do so. We do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain viruses, worms or other destructive features. We are not liable for damages, actual or perceived, from the use of this information. Information may include details that some perceive as defamatory, libelous, slanderous, or as invading their privacy. Such information will be removed from the system upon request of the person cited or person who submitted the information; provided that such requests are accompanied by evidence of falseness or error, if requested by the Editor. Other information may be perceived as defamatory, libelous, slanderous, or invading the privacy of deceased persons. Such information will not be removed or altered unless it can be shown to be illegal in certain jurisdictions. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

8. Correcting Errors of Fact : Every good faith effort is made to ensure fairness and accuracy of content on this site. By using this site you agree to report errors of fact that you discover about any person, company, or product, accompanied by any relevant evidence available (preferably by e-mail), to:

Tom Rue
Email: tomrue [at] gmail.com
Physical Mail: PO Box 706, Monticello, New York 12701

9. Copyright Complaints: If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy, which is incorporated herein by reference.

10. Privacy: Please read our Privacy Notice, which is incorporated herein by reference.

Commenting Guidelines

11. TOMRUE.NET AND ITS PARENT AND AFILLIATES, ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS SERVICE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THIS SERVICE (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THIS SERVICE.

12. This Agreement may be terminated by either party for any reason at any time. Sections three (3) and six (6) through nine (9) of this Agreement shall survive such termination.

13. This Agreement shall be governed by the laws of the United States and the State of New York. Any action to enforce this Agreement shall be brought in the federal or state courts located in Sullivan County, New York. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Privacy

The following discloses the information gathering and dissemination practices for TomRue.net website. We reserve the right to modify the information contained herein at anytime without prior notice. If we do make changes to our privacy policies, we will modify this page accordingly. Check this page periodically for amendments. This site and all information and materials on it are provided to you "AS IS" without warranty of any kind.

YOUR USE OF THIS SITE, OR YOUR PROVISION TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.

Normal Browsing : As with many websites, we collect certain information, even when you are not logged in. When you browse, read, or download information from TomRue.net, data is collected by TomRue.net, including but not limited to your IP address, URL request, browser type, and date and time of your request.

We analyze traffic to TomRue.net site in various ways, including using a service called Google Analytics. (Google Analytics is subject to the privacy policy of Google, Inc., which you can find on their website.) We use this information to generate statistics and measure site activity to improve the usefulness of the site to our visitors. Unless you affirmatively provide additional information to us, we do not collect or store personally identifiable information such as name, mailing address, email address, phone number, or social security number.

We collect the IP addresses of visitors, time of access, browser type, and web pages visited. We collect this information on an aggregate basis only. For example, we track which pages are most popular among visitors as a whole. We do not track information on which pages an individual user visits. We do not collect any other information without your knowledge and permission.

Information You Provide : TomRue.net requests personally identifiable information when you register for an account. Information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to TomRue.net services. This information may include, but is not limited to, personal names, e-mail addresses, location, and occupation.

Disclosure of Information : Available log records, account information, and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit, we will provide you with notice (unless we are prohibited) that a request for your information has been made so that you may object to the disclosure. We will send this notice by email to the address you have given us. We prefer to independently object to over-broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.

Cookies : We may use session cookies when you visit our website while your browser is open, or while you are logged into our site. To facilitate our registration and login functions, we may use cookies to recognize when you return to our website. If you do not logout of your account, these cookies allow us to keep track of your username and password so that you do not have to resubmit the information to log into your account. If others will be using your computer, you should log out of your account so that your logon information is cleared.

Children's Privacy : This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us immediately.

Posting : Posting or updating content is a public action, and all content may be publicly visible. Identification of all contributed content may include, but is not limited to, display of your account name or IP address. All content may be retained for restorative, archival, or research purposes by TomRue.net. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the website.

Security : This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by TomRue.net. TomRue.net shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site or any information you transmitted to this site.

Other Websites : Material on this website may link to independently run websites outside of the TomRue.net domain. TomRue.net is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website.

Digital Millennium Copyright Act Policy

Notice and Takedown Procedure : It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to TomRue.net as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of TomRue.net site will comply with applicable copyright laws. However, if TomRue.net receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent : The Designated Agent to receive notification of alleged infringement under the DMCA for material hosted by this Service (including on TomRue.net domain and any other sites hosted on its server) is:

Tom Rue
Email: tomrue [at] gmail.com
Physical Mail: PO Box 706, Monticello, New York 12701

Upon receipt of proper notification of claimed infringement, TomRue.net will follow the procedures outlined herein and in the DMCA.

Infringement Notification : If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Registered Agent (listed above) the following information in a written communication (preferably via email):

1. 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;
2. 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 TomRue.net to locate the material;
3. Information reasonably sufficient to permit TomRue.net to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have 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";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification : A provider of content subject to a claim of infringment may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the TomRue.net's Registered Agent (listed above) the following information in a written communication (preferably via email):

1. 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;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, TomRue.net will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that TomRue.net will replace the removed material or cease disabling access to it in 10 business days. TomRue.net will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers : In accordance with Section 512(i)(1)(a) of the DMCA, TomRue.net will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures : It is the policy of TomRue.net to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that TomRue.net determines are reasonable under the circumstances.

Other Terms

Modifications : TomRue.net reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

Termination of Service : TomRue.net disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. TomRue.net reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Extent of Terms : The Terms apply to use of and contribution to TomRue.net website and any account provided therefore. TomRue.net may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms : Failure of TomRue.net to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement : These Terms are governed by the laws of the State of New York, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of New York in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

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