All information, content, services and software displayed on, transmitted through, or used in connection with 585mag.com, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by (585) Publishing Inc. (“(585)”), and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to 585mag.com, you may do so provided you agree to cease such link upon request from 585mag.com. No other use is permitted without prior written permission of 585mag.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through 585mag.com, not to insert any code or product or manipulate the content of 585mag.com in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to our customer service page. In certain cases, you may be able to obtain a license to use individual stories that appear on 585mag.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase a photograph). In such cases, we will indicate the portion of the Content you may license. If you do not see such authorization, you should assume no third party has the right to allow you to use the Content.
585mag.com respects the intellectual property of others and holds no claim to copyrights of content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on 585mag.com, please contact us via our customer service page immediately.
Some areas within our network of sites may require a credit card payment before access is granted. If you sign up for these services, you agree to pay all subscription fees and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. You are responsible for all fees and charges incurred to access 585mag.com through an Internet access provider or other third party service.
Transactions and e-commerce on our site
During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. 585mag.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties. You agree to hold (585) and 585mag.com harmless for the failure of any secure transaction through a third party.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree 585mag.com is not responsible for such errors or discrepancies.
General Disclaimer and Limitation of Liability
While 585mag.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. 585mag.com does not represent or warrant that use of any Content will not infringe rights of third parties. 585mag.com has no responsibility for actions of third parties or for content provided or posted by others.
USE OF 585mag.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER (585), 585mag.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING 585mag.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH 585mag.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF 585mag.com OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES 585mag.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. 585mag.com AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
585mag.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. 585mag.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE 585mag.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL 585mag.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 585mag.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, 585mag.com AND (585), EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF 585mag.com; (2) 585mag.com’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
585mag.com is controlled, operated and administered by 585mag.com from its offices within the United States. 585mag.com makes no representation that materials or Content available through 585mag.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use 585mag.com or export the Content in violation of U.S. export laws and regulations. If you access 585mag.com from a location outside the United States, you are responsible for compliance with all applicable laws.
585mag.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of 585mag.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
585mag.com may modify, suspend, discontinue or restrict the use of any portion of 585mag.com, including the availability of any portion of the Content at any time, without notice or liability. 585mag.com may deny access to any person or user at any time for any reason. In addition, (585) or 585mag.com may at any time transfer rights and obligations under this Agreement to any (585) subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires (585), 585mag.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to 585mag.com must be filed in a federal or state court located in Buffalo, New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of 585mag.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to 585mag.com, and all other provisions for which survival is equitable or appropriate.
585mag.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive experience. Please note this policy applies only to information collected by 585mag.com online and does not impact information collected or used by 585mag.com or its affiliates through other means.
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, request certain features (e.g., newsletters, news updates and other products), sign up for a newspaper subscription or make a purchase. You may also provide information when you participate in sweepstakes and contests, voting and polling activities, message boards and chat rooms and other interactive areas of our site.
Like most Web sites, 585mag.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store the information you provide in our Site Survey, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your information each time you visit. Additionally we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.
Personally Identifiable Information collected by 585mag.com may also be used for other purposes including but not limited to site administration and troubleshooting. Certain third parties who provide technical support for the operation of our site (our Web hosting service and our newsletter provider, for example) may access such information.
We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
585mag.com expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a 585mag.com page, certain content that is actually created or hosted by a third party. Also, through 585mag.com you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. 585mag.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of 585mag.com and this policy.
585mag.com does not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13 except as permitted by law. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe 585mag.com has any information from or about anyone under the age of 13, please contact us via our customer service page.
Your complete satisfaction is our goal. If you are not pleased with your subscription to (585), you may request a full refund at any time, for all unserved issues. You may make your request by calling 585-413-0040 x 2301 or by writing to: Subscriptions, (585) Publishing, 1501 East Avenue, Rochester NY 14610.