PRIVACY POLICY AND TERMS AND CONDITIONS OF USE FOR SHAWANGUNK JOURNAL

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Welcome to newsatomic. These Terms and Conditions of Use ("Terms") apply to and govern your use of the newsatomic website including the selection, coordination, arrangement, and "look and feel" thereof (the "Site") and any products, services, applications, newsletters, and other digital offerings that may be provided by or registered with newsatomic through the Site by you ("Services"). In these Terms, the terms "we" or "us" also refer to newsatomic. NewsAtomic, Kingston Wire, and Shawangunk Journal are all owned by Zelacom Electronic Publishing, LLC and are not separate companies or legal entities. By visiting newsatomic's Site or using the Services, you accept these Terms and newsatomic's Privacy Policy, which is incorporated into and a part of these Terms. If you have an account with newsatomic, any related terms that you agree to when you register or sign up for a specific Service are also incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site, request, or register for any Service. newsatomic reserves the right to modify or amend these Terms without notice. Your continued use of newsatomic's Site or Services following the posting of changes to these Terms will mean you accept those changes.

I. PRIVACY POLICY

This privacy policy discloses the privacy practices for the Site, which is owned by Zelacom Electronic Publishing, LLC. NewsAtomic, Kingston Wire, and Shawangunk Journal are brands and publications of Zelacom, not separate companies. This privacy policy applies solely to information collected by the Site. It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email, forms, or other direct contact from you.

We do not share, purchase, or sell user information. We may use service providers, such as payment processors and messaging platforms, solely to operate the Site and Services on our behalf. Those providers are not permitted to use your information for their own marketing. We will use your information to respond to you, and to create aggregate portraits of our audience so we can provide better service to our readers.

Unless you ask us not to, we may contact you via email in the future to tell you about new services or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on the Site:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

Registration

In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders

We request information from you on our order form. To purchase from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of www.example.com, to prepare reports on its activities and share them with other Google services.

Google may use the data collected to contextualize and personalize the ads of its own advertising network.

Sharing

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

II. TERMS AND CONDITIONS OF USE

1. LICENSE TO USE THE SITE AND SERVICES

newsatomic grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of newsatomic. You may download one copy of Content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such Content, including, without limitation, trademarks and service marks of newsatomic and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of newsatomic. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services, and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to newsatomic.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy newsatomic’s Site, Services, or any content contained thereon or for any other purpose without newsatomic’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on newsatomic’s infrastructure.

2. OWNERSHIP

The Content, Site, and Services are also protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). newsatomic or its licensors or publishing partners own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of newsatomic and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.

3. TERMINATION OR CHANGE TO SITE OR SERVICES

newsatomic shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. newsatomic may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that newsatomic may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if newsatomic reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of newsatomic or any third party, or for any reason, with or without notice to you. You agree that newsatomic will not be held liable to you or any third party as a result thereof.

4. THIRD PARTY CONTENT AND WEBSITES

As further explained below, some of the Content on the Site is contributed by third parties. Such Content does not necessarily represent the views or opinions of newsatomic. newsatomic does not assume any responsibility for third-party Content Communications posted on the Site or Services. newsatomic does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content. ANY RELIANCE UPON CONTENT POSTED ON THE SITE OR SERVICES BY THIRD PARTIES IS AT YOUR OWN RISK.

The Site and some Services may contain links and pointers to third-party sites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by newsatomic or any of its subsidiaries and affiliates of any third party, its site, resources, or content. newsatomic cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. newsatomic has no control over these sites or the content within them. newsatomic does not warrant that any third-party site will be free of viruses, or that they will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser when you visit a site that are stored on your device. Cookies improve and personalize your experience on our Web Sites. With our third-party partners, we may use cookies and other tracking technologies to provide functionality and to recognize you across different web sites and devices. Some web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Refusing a cookie may negatively impact the display or function of the Web Site.

5. NEWSATOMIC'S RIGHTS TO MATERIALS PROVIDED BY USERS

newsatomic welcomes your participation on the newsatomic Site and Services. By sending messages to newsatomic, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to newsatomic (individually or collectively "Communications") to or within the Site or Services, you grant to newsatomic a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by newsatomic of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against newsatomic for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that newsatomic is under no obligation to use any Communications submitted by you on the Site or in any way.

You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to newsatomic, or that you have sufficient rights in and to the Communications to grant to newsatomic the above license.

6. NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL

You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to newsatomic or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and newsatomic, any newsatomic affiliate, or subsidiary other than pursuant to these Terms. newsatomic shall not be responsible for the payment of any money to any party in connection with newsatomic's use of Communications submitted by you to the Site.

Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of newsatomic. newsatomic does not assume any responsibility for the consequences of Communications on, or any communications or results arising from the use of the Site or Services. newsatomic does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users; newsatomic does not endorse any opinions expressed by such users. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

7. COPYRIGHT POLICY

Claims of Infringement:

newsatomic respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, newsatomic will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. newsatomic will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide newsatomic's Copyright Agent the following information:

DMCA Notice of Alleged Infringement ("Notice"):

Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

Provide your mailing address, telephone number and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Alex Shiffer

Newsatomic

P.O Box 669

Ellenville, NY 12428

Fax +1-845-647-8713

Email: [email protected]

While newsatomic considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

You agree that newsatomic has the right, but not the obligation, to monitor your Communications on the Site or Services at any time, for any reason, in its sole discretion, to determine compliance with these Terms and any other rules, policies, or guidelines that newsatomic may establish. Notwithstanding this right, newsatomic does not and cannot review all materials posted to the Site or Services by users. newsatomic reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request, or if, in newsatomic's sole discretion, such materials are objectionable or in violation of these Terms. newsatomic has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.

8. USER CONDUCT

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

Disrespecting the privacy or views of other users

Using newsatomic, the Site, or the Services for unlawful purposes or to promote any unlawful activities

Impersonating or harassing another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users

Transmitting "junk mail," "chain letters," or unsolicited mass mailing or "spamming"

Submitting a Communication that infringes, misappropriates, or encourages infringement or misappropriation of the Intellectual Property Rights of others,or that is obscene, defamatory, harmful, abusive, threatening, or false

Submitting a Communication that violates any law or regulation

Posting irrelevant Communications or posting Communications in inappropriate categories

Providing false or misleading information when registering for NewsAtomic accounts and services, such as a phony name or email address.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless newsatomic, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including,without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. newsatomic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of newsatomic.

10. DISCLAIMER OF WARRANTIES

newsatomic does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. newsatomic reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS.

NEITHER NEWSATOMIC NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment, or data, newsatomic is not responsible for those costs.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

11. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES

newsatomic is not liable for any lost data resulting from the operation of the newsatomic Site, provision of Services, and/or the enforcement of the Terms. newsatomic urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.

newsatomic disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. newsatomic is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.

UNDER NO CIRCUMSTANCES SHALL NEWSATOMIC, ITS SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEWSATOMIC, ITS SUBSIDIARIES, AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS, THE SITE, OR ANY SERVICES EXCEED, IN THE AGGREGATE, US$100.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. NON-UNITED STATES RESIDENTS

newsatomic makes no representation that materials in the Site or Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States.

Those who choose to access this Site or Services from other locations outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. ADDITIONAL REMEDIES

You agree that monetary damages may not provide a sufficient remedy to newsatomic for your violation of these Terms, and, accordingly, you acknowledge and agree that newsatomic is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to newsatomic under these Terms, at law, or in equity. newsatomic may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. newsatomic is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

14. SURVIVAL

The provisions titled "Ownership," "Termination or Change to Site or Services," "newsatomic's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Copyright Policy," “User Conduct,” "Indemnification," "Disclaimer of Warranties," "Limitation of Liability, Exclusion of Damages," “Non-United States Residents,” "Additional Remedies," "Survival," and "General Provisions" will survive termination of these Terms, together with all other terms and conditions that by their nature or context are intended to survive termination.

15. GENERAL PROVISIONS

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then-current rules of the American Arbitration Association ("AAA"). The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration will occur in Ellenville, NY. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate.These Terms constitute the entire agreement between you and newsatomic with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or newsatomic of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to newsatomic must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

III. NEWSATOMIC SUBSCRIPTION AGREEMENT AND TERMS OF SALE

The Subscription Agreement and Terms of Sale (hereafter, the "Agreement") governs your use of newsatomic products and services more fully described below ("Products"), and creates a legally binding agreement between you and Newsatomic ("we," "us," "our," or "newsatomic"). By checking the box marked “I accept newsatomic Terms and Conditions” at the bottom of the registration page, you accept and agree to be bound by this Agreement.

Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. Changes to this Agreement may be posted on our website without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use newsatomic products.

1. DEFINITION OF PRODUCTS AND SERVICES

newsatomic offers a variety of products and services. Below is a definition of all products and services available on the newsatomic Site, and which are included in the term "Products." Pricing and other details about a Product are set forth on the product page for the applicable Product on our website; and such pricing and other details are expressly incorporated by reference into the terms of this Agreement.

2. NEWSATOMIC READER ACCOUNT

The reader account allows you to purchase and access content on newsatomic.

a. You must maintain a prepaid amount in your Account to cover applicable charges to your Account.

b. Applicable charges, if any, will be deducted from your Account each time you choose to access paid content.

c. No interest will be paid on balances in your Account.

d. You must pay a minimum prepaid amount sufficient to pay charges to your Account for a one-month period.

e. Your Account must be replenished by your prepaid amount when your Account balance decreases to or below the replenishment point specific to your Account plan.

f. The date on which your Account will be replenished will vary based upon Account activity

3. PRICES AND TERMS

Payment for newsatomic content is made from your Account. newsatomic will charge your credit card the replenishment amount when your Account balance falls below the replenishment threshold.

All Product prices are displayed at the top of the content item, when applicable. You agree to pay the price for the Product indicated there. At the time of account creation or purchase, you need to provide accurate information regarding your account, including a valid credit card, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with newsatomic. Your purchases of any newsatomic product will be billed in the currency of the country listed in your credit card billing address.

4. REPLENISHMENT PAYMENTS

Your credit card indicated in the registration process will be initially charged upon sign-up. All newsatomic Accounts are replensished automatically until canceled by the user. Additionally, any over-the-limit content purchases, if applicable, will be charged at the time of the replenishment. You are responsible for keeping your credit card information correct and up to date.

We are not responsible for bank fees or penalties. If your credit card declines on any replenishment date, we reserve the right to automatically terminate your Account. This Agreement will constitute your copy of your recurring payment authorization to newsatomic. Please print and retain a copy of this Agreement for your records.

Unused Account balances will not be redeemed, refunded, or transferred to another user.

5. TAXES

You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our Products. When newsatomic is required to collect such taxes from you, newsatomic may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by newsatomic with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.

6. MODIFICATION OF PRICING AND BILLING TERMS

We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.

We reserve the right to modify the prices and charges at any time.

7. NO REFUNDS

Except if otherwise expressly stated, newsatomic will not refund any Accounts or over-the-limit content accesses that have been purchased. When you request a service from us, you agree that we may begin to provide the service immediately, and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away. You can, however, cancel your subscription as described in the "Termination" section of this Agreement.

8. COMPLIMENTARY BALANCES

Complimentary balances are provided by newsatomic at their discretion and are valid for 30 days only. If the Account balance is replenished during the first 30 days, the complimentary balance or remaining portion of it will be continue to be usable after 30 days.

You may only sign up for one complimentary balance per year. Repeated sign ups for a complimentary balance will result in the disabling of all associated accounts and restriction of access to the system. Payment for all material accessed through the use of fraudulent complimentary accounts will be immediately due to NA. NA reserves the right to forward to appropriate law enforcement agencies all identifying information of anyone who violates this policy.

9. DISPUTE OF CREDIT CARD CHARGES

If you have a disagreement regarding a credit card charge, you may contact the newsatomic customer support team in writing within 90 days of the date of the initial credit card charge. You agree that newsatomic is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted newsatomic customer support in writing with respect to any disputed charge within such period.

10. TERMINATION

You may terminate any subscription under this Agreement by clicking on the "Cancel" icon located on the My Account page of the newsatomic Site. The effective date of such termination will be the end of the current billing period indicated on the My Account page. In the event you initiate a reactivation of any subscription for any auto-renewing Product under this Agreement after a request for termination, the termination shall be null effective as of the date of such reactivation, and this Agreement will continue to be in effect. In the event of the termination of your subscription for any Product, you shall be responsible for payment of all charges through the rest of the subscription term for this Product and payment for any additional accesses over the limit for your subscription for such Product or other overages. You shall not be entitled to any refund as a result of the termination of your subscription to any Product under this Agreement.

We may terminate your right to use and/or access any Product (including, but not limited to, any subscription which you may have for any Product) at any time in our sole discretion, with or without prior notice. We may also suspend your use of the Products by disabling your username and/or password for any reason, including, but not limited to, cases in which we believe you have violated the terms of this Agreement or you are using the information provided through the Products in a manner inconsistent with the spirit of this Agreement or the general Terms and Conditions of our website (see above). If we terminate your right to use and/or access any Product (including but not limited to any subscription which you may have for any Product), without cause, we agree to refund to you the pro-rata portion of any payments made by you to us for such terminated Products. Any determination of the amount to be returned to you in the event of any such termination shall be made by newsatomic in its reasonable discretion, and shall be conclusive and binding. In the event of any termination by us, you will remain responsible for payment for any additional accesses over the limit for your subscription, and for other overages as a result of your usage of any Product prior to termination.

11. USE OF PRODUCTS AND SERVICES

In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:

(a) Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of newsatomic.

(b) You may print single copies of individual content items, but not more than one percent (1%) of the aggregate content database.

(c) We shall grant a username and password to you. You are responsible not to disclose the username, password to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, you must immediately contact the newsatomic customer support team. You agree to cooperate with us to stop further abuse should it occur.

(d) We reserve the right to issue replacement usernames and/or passwords at any time.

(e) You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of newsatomic.

(f) You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.

Usage Restrictions

You agree that you will not:

(a) Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose

(b) Make any Product, or any element of it, available to other persons

(c) Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network

(d) Remove or obscure any copyright notice(s) from materials including hard-copy print-outs

(e) Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service

(f) Alter, amend, modify, translate, or change any Product, or any element of it

(g) Undertake any activity which may have a damaging effect on our or any of our third-party licensors' ability to achieve revenue through selling and marketing the Products

(h) Otherwise use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it

(i) Permit any third party to obtain remote access to any Product, or any element of it, through your computer network

(j) Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and back-up tapes

(k) Disclose the username or password assigned by us to any person, firm, or company

12. DISCLAIMER OF WARRANTY

newsatomic, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.

13. LIMITATION OF LIABILITY

We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the newsatomic customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.

We shall not be liable for any claim or loss arising from:

(a) Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product

(b) Any failure by you to take steps recommended by us to resolve a fault in any Product

(c) Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us

(d) Your inability to use any Product due to website downtime

To the fullest extent permitted by applicable law, newsatomic does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.

To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.

Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.

You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.

14. FORCE MAJEURE

Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

15. GOVERNING LAW

This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New York, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of New York or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of Ulster (in the case of state court) or in the Southern District of New York (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.

IV. SMS TEXT-TO-PUBLISH PROGRAM

This section supplements the Privacy Policy and Terms and Conditions above and applies specifically to NewsAtomic's SMS text-to-publish program (the "SMS Program"), through which you may submit photos, text, or other content for possible publication by sending a text message to one of NewsAtomic's designated SMS numbers. NewsAtomic, Kingston Wire, and Shawangunk Journal are all owned by Zelacom Electronic Publishing, LLC ("Zelacom"). They are brands and publications of Zelacom, not separate companies or legal entities.

The standalone SMS Program Privacy Policy is at /corporate/sms_program_privacy_policy. Public opt-in instructions are at /sms-news-tips.

A. PRIVACY POLICY ADDENDUM - SMS PROGRAM

Program Description. NewsAtomic maintains dedicated phone numbers, each associated with a specific NewsAtomic publication. When you send an SMS message, including any photos or other media, to one of these numbers, your submission is received into our internal system, where it is manually reviewed and, at NewsAtomic's sole discretion, approved for publication.

How You Opt In. You opt in by texting a news tip, story idea, or photo to a designated NewsAtomic SMS number, or by following the public instructions at /sms-news-tips. By sending that first text, you consent to receive an automated confirmation reply about your submission. Consent is not a condition of any purchase.

Information Collected. When you participate in the SMS Program, we collect your mobile phone number and the content of the messages you send, including any text and images, along with the date and time of your submission.

No Sharing, Purchasing, or Selling of Information. We do not share, purchase, or sell user information. We do not share, purchase, sell, rent, or disclose your personal information, mobile phone number, SMS opt-in data, or SMS consent to third parties or affiliates. Mobile numbers collected through the SMS Program are used solely to operate the SMS Program. The only exception is that we may share information with wireless carriers and our messaging provider as needed to deliver, support, or troubleshoot messages. Those providers are not permitted to use your information for their own marketing.

Automated Messages and Message Frequency. Message frequency varies based on your use of the SMS Program. After you submit a message, you will generally receive one automated reply per submission confirming receipt and providing a reference ID number, for example: "Your message has been received - for your reference, the id number is 1234. Reply STOP to opt out. Reply HELP for help. Msg & data rates may apply." You will not receive recurring or promotional messages unless you continue to submit content.

Message and Data Rates. Message and data rates may apply to any messages sent or received in connection with the SMS Program. Charges are determined by your mobile carrier and plan.

Opt-Out and Help. You may opt out of the SMS Program at any time by replying STOP to any message from us. Once you opt out, you will receive no further messages other than a final confirmation of your opt-out. For help, reply HELP to any message from us, or email [email protected].

Carriers. Carriers are not liable for delayed or undelivered messages. We are not responsible for issues arising from unsupported carriers or devices.

B. TERMS AND CONDITIONS ADDENDUM - SMS PROGRAM

Voluntary Participation. Participation in the SMS Program is voluntary. Any message, photo, or other content you send to a NewsAtomic SMS Program number is a "Communication" under Section II.5 ("newsatomic's Rights to Materials Provided by Users") of these Terms, and by sending it you agree to be bound by these Terms in full, including the license grant in Section II.5, and you represent that you own or otherwise have the rights necessary to submit that content to us.

No Guarantee of Publication. All submissions received through the SMS Program are subject to manual review and approval by NewsAtomic. NewsAtomic reserves the right, in its sole discretion, to approve, reject, edit, or decline to publish any submission for any reason, and sending a message does not guarantee that it will be published on the Site or in any publication.

Multiple Numbers. NewsAtomic may operate more than one SMS Program number, with each number associated with a specific NewsAtomic publication. Messages sent to a given number will be considered only for the publication associated with that number.

Consent to Receive Messages. By texting a NewsAtomic SMS Program number, you consent to receive one automated confirmation reply, including a reference ID for your submission. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Consent to receive these messages is not a condition of any purchase.

Opt-Out. You may withdraw your consent and stop receiving messages at any time by replying STOP, as described above.