Terms of Use

Last Revision: March 19, 2009

Welcome to xtra xtra, www.xtraxtra.com, your source for hometown news and life events. xtra xtra provides online services including announcements ("milestones" or "postings"), on the scene local photos ("photos") local news links, forums, and email functions. The xtra xtra service and network (referred to hereafter as "the site" or "the service") is operated by xtra xtra and its corporate affiliates (collectively "us", "we" or "the company") and is subject to the following Terms of Use.

By accessing or using the site or service in any way, you (the "user") signify that you have read, understand and agree to comply with the Terms of Use. This applies for both registered and unregistered users of the site. When utilizing individual areas of the xtra xtra site, you are agreeing to abide by any pertinent guidelines, posted or listed in the Terms of Use.

xtra xtra reserves the right to modify the Terms of Use at any time without further notice, at the sole discretion of the company. Such modifications will become effective immediately upon posting. Your continued use of the site or services after any such modifications constitutes your acceptance of the new Terms of Use. Should you object to any current or future portion of the Terms of Use, do not use or access the site, discontinue use of the site immediately. It is the responsibility of the user to check the site regularly to acquaint themselves with such changes and modifications.

Please read all of the Terms of Use carefully as they contain important information about your legal rights, remedies and obligations.

If we believe you have violated the Terms of Use, we reserve the right, but are not obligated, to strictly enforce the Terms of Use through site suspension or termination of site access, as well as to take legal action.

Age Requirement
This site is intended solely for users who are thirteen years-of-age or older. Any registration, use of or access to the site by anyone under the age of thirteen is unauthorized, unlicensed and a violation of these Terms of Use. By accessing the site, you are certifying that you are at least thirteen years-of-age or older and agree to abide by all the terms and conditions as listed in the Terms of Use and related agreements.

Registration Information
Users of the xtra xtra site have the option of entering some identifying information to become "Registered Users" of the site. The registered user status allows users access to site features and functionalities that require this added security. Registered users create or receive a "username" identification and password to log-in to the site. It is the responsibility and requirement of the user to: (a) provide accurate, current, and complete information as prompted by the site registration forms; (b) maintain the security and confidentiality of their user name and password; (c) maintain and update registration data to keep it accurate, current and complete; (d) be fully responsible for all use, actions and activities that occur under your account or password; (e) immediately notify xtra xtra of any breach of security including unauthorized or fraudulent use of your account or password.

To report security issues: abuse@xtraxtra.com
For all other inquiries/issues: support@xtraxtra.com

User Generated Content
Understand that all postings, photos, messages, emails, forum entries, comments, text, files, images, videos, sound, and other materials as well as ideas, suggestions, opinions, comments, and observations contributed by registered or unregistered users ("user content") posted on, transferred through, emailed, or linked through the site or service are the sole responsibility of the person from whom such content was generated. You are bear complete responsibility for any and all content that you post, email, link to, or otherwise make available via the service.

By submitting user content to xtra xtra or posting content on the site, you expressly grant, and warrant that you have the right to grant, xtra xtra an irrevocable worldwide license to publicly display, use, reproduce, modify, and distribute such content for any purpose (commercial, advertising, or otherwise). This license is valid in connection with the site or the promotion thereof in any form and is therefore sub-licensable. You may remove your user content at any time, at which point the aforementioned license will automatically expire. You acknowledge, however, that xtra xtra may retain archived copies of your user content and photos.

You also understand that xtra xtra is not does not control, and is not responsible for user content. And by using said service, you may be exposed to content that is inaccurate, misleading, offensive, indecent, objectionable or questionable in some way. You acknowledge that you will bear any risk involved in regards to user content associated with the site. User content is not endorsed by xtra xtra and we are not responsible inappropriate or objectionable content. The sole recourse for any damage suffered as a result of user content shall be directed to the aforementioned individual by whom the content was generated.

Additionally, the xtra xtra site and its user content may contain links to other websites, which are completely independent of xtra xtra. xtra xtra makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content and that you may not depend on said content. xtra xtra is not responsible or liable for any content, or losses or damages that occur as a result of the use of any content.

xtra xtra does not claim any ownership of user generated content. By submitting content, you are representing that you are the creator of the materials and/or are authorized to distribute it. You must acknowledge that xtra xtra does not screen or approve user content. They do, however, reserve the right (not obligation) to refuse, move, or delete any content that is available via the site or service for violating the Terms of Use or for any other reason.

If you choose to post user content on the xtra xtra site, it must adhere to our explicitly stated Rules of Conduct, as well as generally accepted rules of etiquette and behavior. You must also agree to respect the legal rights of other users and the integrity of the site as a whole.

Rules of Conduct
The rules of conduct listed below, while all inclusive, is not meant to serve as an exhaustive list. These rules apply to every aspect of any and all material that is posted on xtraxtra.com or affiliated with xtra xtra in any way. By accessing or using the xtra xtra site, you agree not to use the site or service to: Upload, post, email, share or otherwise transmit any user content that:

  • Bullet A reasonable person would deem harmful, threatening, damaging, abusive, intrusive, inflammatory, infringing, abusive, vulgar, obscene, fraudulent, hateful, discriminatory, violent, or otherwise offensive
  • Bullet A reasonable person would deem to be intimidating or harassment
  • Bullet Is pornographic or sexually explicit
  • Bullet Is considered disrespectful or violates the rights of others
  • Bullet Harms minors in any way
  • Bullet Restricts or inhibits any other person from using or enjoying the site
  • Bullet Infringes upon the rights of any third party, including patents, copyrights, trademarks, privacy, publicity or proprietary rights
  • Bullet Is a misrepresentation of facts
  • Bullet Contains libelous, defamatory or otherwise unlawful material
  • Bullet Constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party, or otherwise creates a liability
  • Bullet Violates any local, state, national or international laws
  • Bullet Breaches a duty of confidentiality
  • Bullet Distributes or makes available unsolicited or unauthorized advertisements, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • Bullet Solicits personal information from anyone and/or solicits passwords or personal identifying information for commercial or unlawful purposes
  • Bullet Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
  • Bullet Makes available on the site the private information of any third party, including addresses, phone numbers, email addresses, social security numbers or credit card numbers

In addition, you may not:

  • Bullet Post non-local or irrelevant content
  • Bullet Post the same item more than once per relevant location, high school, college and forum discussion
  • Bullet Create or use any automated system that allows submission of postings of any kind without having to be manually entered, including the allowance of submissions in bulk or in regular intervals
  • Bullet Create or use any automated system that allows for flagging of posts or any other form of community moderation without those flags being manually entered
  • Bullet Flag material unless it is deemed to be inappropriate or violates the terms of use
  • Bullet Attempt to gain unauthorized access to xtra xtra’s computer systems, administrative functions or disrupt the site’s operations in any way
  • Bullet Harvest or collect email addresses or contact information of other users from the site or service by electronic or other means, for the purpose of sending unsolicited emails or communications
  • Bullet Use automated means, including spiders, robots, crawlers, scrapers, data mining tools or the like to download information from the site
  • Bullet Use automated methods or scripts to collect information or for any other purpose on the site
  • Bullet Use the site or service in an unlawful manner or in any manner that could damage, disable, overburden or harm the site
  • Bullet Disrupt the normal flow of the site by posting an excessive amount of content
  • Bullet Engage in commercial activities within the site
  • Bullet Register for more than one user account or register on behalf of another individual
  • Bullet Use or attempt to use another’s account, service or system without the explicit authority from xtra xtra
  • Bullet Misrepresent yourself; falsely state your identity, age, or your affiliation with any entity; or impersonate any person or entity
  • Bullet Use or create inappropriate user names or log-in identifications
  • Bullet Use xtra xtra as a forwarding service to another website
  • Bullet Do anything to prevent the full and complete display of authorized advertisements on xtraxtra.com’s pages
  • Bullet Exceed the services you have registered for or gain access to unauthorized areas of the site

Copyright Issues
xtra xtra respects the intellectual property rights of others. In your use of and interactions with the site, we prohibit all users from posting, uploading, or otherwise transmitting any materials that violate another party’s intellectual property rights. You may not post, modify, distribute, or reproduce in any way material that is copyrighted and that belongs to others without obtaining their prior written consent. xtra xtra reserves the right, that their sole discretion, to remove user content believed to be infringing upon the copyright rights of others. The company also reserves the right to block or remove users believed to be infringers.

If you believe that any material on the site infringes upon any copyright material which you own or control, you may send us a written notification of said infringement. In accordance with the Digital Millennium Copyright Act (DMCA), we will immediately remove and disable the infringing material and take action against the infringer.

Notifications and counter-notifications must be complete and adhere to the guidelines set forth in the DMCA.

To report a claim of intellectual property or copyright infringement OR to submit a counter-notification claim, contact us:

Email:
   support@xtraxtra.com
   Attention: Copyright Agent

Mail:
   xtra xtra
   Attention: Copyright Agent
   One Gateway Center
   Suite 650
   Newton, MA. 02458

We suggest that you consult with a legal advisor before filing a notice under the DMCA. False claims under the DMCA are subject to penalties. You will be liable for damages if you significantly misrepresent that material on our site is copyright infringing.

Disputes
You are also solely responsible for interactions with other users of the site, both registered and non-registered. xtra xtra has no obligation to become involved and disclaims any and all liability for any losses or damages that result from such a dispute. xtra xtra reserves the right, but is not obligated to, monitor and take action regarding user interactions and disputes. In the event of a dispute or issue, xtra xtra may take action as it deems appropriate. All users must adhere to the Rules of Conduct as listed in the Terms of Use.

Privacy Policy
Any party that accesses the site is subject to xtra xtra’s Privacy Policy. xtra xtra’s Privacy Policy is listed here: Privacy Policy.

Proprietary Rights
All content on the site and available through the service (the "site content") is the proprietary property of the company, its users, or its licensors with all rights reserved. No site content, including but not limited to designs, graphics, text, pictures, audio, video, information, applications or other files, their grouping or layout may be copied or reproduced in any manner. xtra xtra’s intellectual property rights are protected to the fullest extent by law and users must comply with copyright, trademark, and other laws. Any reproduction, duplication, modification, derivative works of, or redistribution of the site content or any portion thereof is prohibited without explicit written permission from xtra xtra. No site content may be downloaded, displayed, copied, distributed, transmitted, or sold in any form or by any means without the aforementioned written consent. You are also prohibited from exploiting the site/service in any way for commercial purposes. You may not attempt to discern or obtain source code from the site/service. "XTRA XTRA" and "Read All About It" are registered trademarks, along with company’s graphics, logos, buttons, designs, page headers, scripts and service names. xtra xtra’s trademarks may not be used without express prior permission from the company.

Third Party Websites, Content, and Services
There may be times when third party material is made available on the site, either by xtra xtra or in content posted by users. Any third party materials are completely independent of xtra xtra. The inclusion of, or linking to, these third party sites and content does not imply an endorsement or approval of the material by the company. xtra xtra does not review third party sites or content, and is not responsible for the quality or accuracy of such material. Third party sites and content are not governed by the xtra xtra Terms of Use and may have their own terms and conditions. You should thoroughly investigate any third party site, content, or information you navigate to. You are to access third party sites and content at your own risk. If there is a dispute between you and a third party site, you agree that xtra xtra is under no obligation to become involved. You agree that xtra xtra is not, and will not be, liable for any loss or damage that occurs as a result of any dealings with third party sites or content.

Limitations, Use, and Service
You acknowledge that xtra xtra may establish limits concerning use of the service, including the maximum number of days that content may be retained, the maximum number and size of postings, photos, forum entries, email messages, uploaded files (including photographs, audio, and video) or other content that may be transmitted or stored by the site. xtra xtra may also limit the amount of server space allotted to you on the site. Additionally, xtra xtra reserves the right to limit the number of times that you access the site in a given period of time and the maximum duration of your visits to the site. You agree that xtra xtra has no responsibility or liability for the deletion or failure to store any user content maintained or transmitted by the service or its affiliates.

Modifications to Website
xtra xtra reserves the right to modify or discontinue the site, service, or any part therein, at any time, with or without notice. You acknowledge that xtra xtra shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service.

Termination
You agree that xtra xtra, at its sole discretion, has the right but no obligation to delete or deactivate your account, block your email or IP address, or otherwise restrict or terminate your access to or use of the site/service (or any part therein). This restriction or termination can be enacted at any time, with or without notice, and applies to the removal of content within the site as well, for any reason, without limitation. Reasons could include, but are not limited to, if we feel that you are under the age of thirteen, have violated the Terms of Use, or acted in a way that violates the spirit of the Terms of Use or Rules of Conduct. You agree that xtra xtra is not liable to you or to any third party for said termination. You also expressly agree that you will not attempt to access the site or service after such a termination.

Indemnity
You agree to indemnify and hold xtra xtra and its subsidiaries and affiliates, directors, officers, agents, contractors, employees, partners and licensors harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content that you submit, post, or make available through the site, your use of the site/service, your connection to the site, your violation of the Terms of Use, your breach of any representations or warranties herein, or your violation of any rights of another.

Disclaimers
You expressly understand and agree that:
YOU AGREE THAT USE OF THE XTRA XTRA SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE XTRA XTRA SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. XTRA XTRA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XTRA XTRA DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ANY WARRANTIES FOR THE SECURITY, UNITERRUPTION, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, AND PERFOMANCE OF THE SITE AND SERVICE. XTRA XTRA ALSO DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY WARRANTIES THAT THE SITE OR SERVICE IS FREE OF VIRUSES OR FOR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE, ALL OF WHICH IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR HARM OF ANY KIND THAT MAY OCCUR. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE, THROUGH THE SITE, OR FROM XTRA XTRA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability
IN NO EVENT WILL XTRA XTRA, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE SITE OR SERVICE (EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). XTRA XTRA IS NOT LIABLE FOR LOSSES RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO, MISUSE, INABILITY TO USE, INTERRUPTION, SUSPENSION, ALTERATION, MODIFICATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF TRANSACTIONS ENTERED INTO THROUGH OR IN CONNECTION WITH THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH THE SITE, AND ANY OTHER MATTER RELATING TO XTRA XTRA, THE SITE OR SERVICE.

Exclusions and Limitations
In some jurisdictions, the limitations of liability are not allowed. In those jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.

Violations of the Terms of Use
Please report any violations of the Terms of Use by flagging the posting(s) for review, or by emailing: abuse@xtraxtra.com

Please state the reasons for your concern and provide a link to the user content or violation in question. xtra xtra will then investigate that matter at its sole discretion and take action if and how the company determines to be appropriate.

xtra xtra’s failure to act on a violation of the Terms of Use does not waive our right to act on such a violation. xtra xtra may choose to take action in response to a violation, any action that the company is legally entitled to take, even if the company has failed to take that action in the past or in a similar situation.

Be advised that excessive flagging to remove another user’s post(s) which are not deemed in violation or fraudulently reporting a violation of the Terms of Use is strictly prohibited. If this behavior occurs, xtra xtra reserves the right to take action against the offending user.

Feedback
xtra xtra welcomes feedback, questions, and comments regarding the Terms of Use.
   Email: support@xtraxtra.com