Hometown USA® Terms & Conditions
As of January 27, 2007

Under these Terms, you agree that you will NOT post, place or transmit any of the following types of informaton, data or graphics or obtain any such using this Service:

• Threatening, defamatory, abusive, or any other material that could give rise to any civil or criminal liability under applicable law.
  
• Obscene, pornographic, inappropriate or profane material including any content involving nudity, including nudity or partial nudity of children of any age.
  
• Data or imagery that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
  
• Bigotry, racism, hatred or harm against any individual or group.
  
• Any content invloving the exploitation of children or minors
  
• Content promoting or providing instructional information about illegal or immoral activities
  
• Content that transmits, contains or promotes viruses, corrupted files or similar elements.
  

While Hometown USA is not responsible for, and does not review or comment on the content of Submissions provided by its users, Hometown USA reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Hometown USA deems necessary relating to use or misuse of the Service. Hometown USA may request confirmation of the copyright or trademark ownership from the submitter. If Hometown USA does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Hometown USA reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Hometown USA reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Hometown USA will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright notice
Hometown USA is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at Hometown USA or any site owned by A2Z Computing Services. At Hometown USA’s discretion and in appropriate circumstances, Hometown USA may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

Customer Service
A2Z Computing Services
24 Center Street
Oakland, ME 04963
Email: matt@hometownusa.com

Grant of License

You hereby grant to Hometown USA a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display, share and distribute your Submissions for the purpose of delivering or supporting the Service. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on or through Hometown USA at any time. When you do remove your Content, this license will NOT automatically expire.

Use of HometownUSA.com and the Hometown USA Content

All of the Content available through Hometown USA is protected by our copyrights and the copyrights of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by Hometown USA as part of the services we provide.

You may not use Hometown USA in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access Hometown USA and the Content through the interfaces provided by Hometown USA.

Our Rights

We maintain the right to do any of the following any time, with or without prior notice:

restrict, suspend, or terminate your access to all or any part of our services;
change, suspend, or discontinue all or any part of our services;
refuse, move, or remove any Content;
refuse to register any user name that may be deemed offensive
establish general practices, fees and policies concerning Hometown USA and the services we provide

Limits on our Responsibilities

We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through Hometown USA.

Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of Hometown USA or the services we provide or for any service failure or interruption, regardless of the cause.

Hometown USA Registered Usage

Hometown USA Registered Usage is available to anyone 13 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique Hometown USA Username and Password. Hometown USA is not intended as a service for children and therefore persons under the age of 13 may not register.

We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through Hometown USA, that third party may need to email you regarding their service. We may also contact you, via email or postal mail, to notify you about special offers available to Hometown USA users. By becoming a Hometown USA Registered User you are consenting to the receipt of these communications.

Hometown USA is an advertising supported Internet site. By becoming a Hometown USA user you consent to having your Content co-mingled with advertisements that appear on our site or are incorporated into the services we provide.

Third-Party Sites, Products, and Services

Hometown USA provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these 3rd parties and we are not responsible for their activities.

Reporting Content Violations

If you believe that any Content shown on or transmitted through Hometown USA violates these Terms or your copyright you can report such violation using the link that is provided on each Hometown USA content page. In the case of a copyright violation please provide the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site (including the exact URL);
An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not Hometown USA, can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.

Privacy Policy

When you create an account with Hometown USA, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Maine, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts located in Waterville, Maine.