Terms of Use
May 15, 2014
ACCEPTANCE OF TERMS. These Terms of Use apply to the website for The North End Huntington Heights Preservation Association. Hereinafter, NEHHPA
THESE TERMS OF — USE ARE A LEGAL AND BINDING AGREEMENT. YOUR — USE
OF THE WEBSITE CONFIRMS YOUR AGREEMENT TO THESE TERMS OF — USE. IF YOU DO NOT AGREE WITH THESE TERMS OF — USE, YOU ARE NOT PERMITTED TO — USE THE WEBSITE. YOU MAY NOT — USE THE WEBSITE AND MAY NOT ACCEPT THESE TERMS OF — USE IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NEHHPA UNLESS YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES TO THESE TERMS OF — USE ON YOUR BEHALF. NEHHPA RESERVES THE RIGHT TO CHANGE, MODIFY, ADD TO, DELETE, OR MAKE OTHER ALTERATIONS TO THESE TERMS OF — USE BY POSTING THE AMENDED TERMS OF — USE ON THE WEBSITE WITHOUT PRIOR NOTICE. YOUR CONTINUED — USE OF THE WEBSITE FOLLOWING THE POSTING OF A REVISED VERSION OF THE TERMS OF — USE MEANS YOU ACCEPT THOSE CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF — USE REGULARLY.
1. Copyright; Use of Content. COPYRIGHT 2014 The North End Huntington
Heights Preservation Association, PO Box 75, Newport News, VA 23607. All rights
reserved.
Some materials on the Website may contain other proprietary notices and copyright information relating to those materials. All photographs, information, materials and other content contained on the Website are owned by NEHHPA, its contributors or licensors. These Website contain original works of authorship that are the proprietary property of NEHHPA, its contributors or licensors, and which are protected under U.S. and International Copyright Laws. It is prohibited to copy, reproduce, republish, upload, post, transmit, distribute, alter or prepare any derivative works of any material from the Website, including without limitation, code, software, photographs, graphics and images, without the prior express written consent of NEHHPA, or as stated on the material.
If permission is given to use any material, such permission to use, copy and distribute materials delivered from the Website is hereby granted under the following conditions:
This Section 1 (including the above copyright notice and this permission notice) must
appear in all copies;
a) Any use of the materials available from the Website must be for informational purposes only and in no instance for commercial purposes; and
b) No materials available from the Website can be modified in any way.
2. Notice for Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, if you believe that your work has been posted on the Website without your permission and infringes upon your copyright, please submit written or email notice to NEHHPA’s designated agent with the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the
owner of the copyrighted work that is allegedly infringed;
b) A description of the copyrighted work that you claim to have been infringed;
c) A description of the location of the material that you claim to be infringing or to be the subject of infringing activity, including the URL of the location on the Website;
d) Your address, telephone number, and, if available, e-mail address;
e) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, under penalty of perjury, that the information in the above notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.
NEHHPA’s designated agent is: Edward Matz, PO Box 75, Newport News, VA 23607 (757) 849-4469, [email protected]. If you knowingly materially misrepresent that material or activity is infringing upon a copyright on the Website, you may be liable for any damages, including costs and attorneys’ fees, incurred by NEHHPA as a result of NEHHPA’s reliance upon such misrepresentation.
3. Trademarks. The North End Huntington Heights Preservation Association, and all other names and logos of NEHHPA programs, affiliates, or subsidiaries referenced herein are trademarks of NEHHPA in the United States. All rights reserved to NEHHPA in the United States. Unauthorized use of any NEHHPA trademark or logo may be a violation of federal and state law.
4. Information Warranty Disclaimer. ALL MATERIALS AND RELATED GRAPHICS PROVIDED BY THE WEBSITE AND ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEHHPA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS PROVIDED BY THE WEBSITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEHHPA DOES NOT WARRANT THE ACCURACY, QUALITY, CONTENT, OR LEGALITY OF ANY MATERIALS PROVIDED BY THE WEBSITE OR ANY OTHER MATERIALS THAT ARE REFERENCED BY OR LINKED TO THE WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS PROVIDED BY THE WEBSITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE. IN NO EVENT SHALL NEHHPA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE — USE OR PERFORMANCE OF INFORMATION CONTAINED IN ANY MATERIALS PROVIDED BY THE WEBSITE OR IN ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE, UNDER ANY THEORY OF LIABILITY — USED.
5. Disclaimer of Endorsements. Any mention of a product, service, company or sole proprietor in the Website or in links to the Website shall not constitute nor be construed as an endorsement of any such product, service, company or sole proprietor by NEHHPA.
6. Registration. You may be required to create an account and may be designated a username and password to access certain sections or functions of the Website.
Registered users agree to:
a) Provide true, accurate and complete information about yourself;
b) Maintain and promptly update your registration data to keep it accurate and current;
c) Not submit personal identifiable information if you are less than 13 years old;
d) Maintain the confidentiality of your username and password; and
e) Immediately notify NEHHPA of any unauthorized use of your username and password.
You understand and agree that you will be solely responsible for any and all uses of your username and password, and you agree to defend, indemnify, and hold harmless NEHHPA from any loss or damage arising from unauthorized use of your username and password.
7. No Legal or Professional Advice. The information and materials made available on the Website are designed to provide general and useful information in regard to the subject matters covered. The information is made available with the understanding that NEHHPA is not engaged in rendering legal or other professional services. If legal or professional advice or other expert assistance is required, the services of a competent professional should be sought.
8. Content Posted by Third Parties. The Website may provide the opportunity to share information through blogs, online discussions, and other means. NEHHPA encourages you to respect others and their opinions and to be succinct when posting on the Website.
Any party who posts information to the Website agrees not to:
a) Post any material which is: (i) defamatory, obscene, harassing, libelous, abusive threatening or harmful in anyway, (ii) about candidates for political office, (iii) in violation of the privacy or publicity rights of any other person, (iv) irrelevant or off-topic, (v) spam or unauthorized advertising, (vi) containing of viruses, corrupted files or other material that may cause damage to another computer, the Website, or servers, (vii) a violation of any copyright or trademark, or (viii) a violation of any law or regulation;
b) Falsify or delete author attributions, legal notices or other proprietary designations; or
c) Represent himself or herself as someone else, including representatives of NEHHPA.
NEHHPA is under no obligation to monitor the information residing on or transmitted to the Website; however, any party who posts information to the Website agrees that NEHHPA may take appropriate action in order to prevent the violation of the rights of NEHHPA or other parties, in order to comply with any law, regulation or other governmental request, or in order to operate the Website properly or to protect itself or others. NEHHPA reserves the right to modify, reject, or eliminate any information residing on or transmitted to the Website that, in its sole discretion, it believes is unacceptable or in violation of these Terms of Use. The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of such materials or of any opinions or comments in such materials by NEHHPA. NEHHPA disclaims all responsibility for any defamatory, obscene, copyright or trademark infringing material posted to the Website by any third party. NEHHPA retains the right to remove any member when necessary for the benefit of the Website, in NEHHPA’s sole discretion.
Any party who posts information to the Website represents that it is the sole owner of all rights in the materials posted by him/her (including all related copyrights) or that the posting party has the absolute right to license their use as provided in this section. While the posting party will retain ownership of the copyright in the materials he/she posts, the posting party agrees that all of the materials he/she posts shall become part of a database, and that NEHHPA will own the compilation copyright in that database. The posting party acknowledges that any postings are public and not confidential, and the posting party has no reasonable expectation of privacy when posting on the Website. The posting party hereby grants to NEHHPA a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display, and distribute its posting on the Website, any portion of such posting and any derivative works created from such posting, in print, electronic and other media, by any means now known or developed in the future. NEHHPA may sublicense all of its rights and licenses or assign them to third parties. Neither NEHHPA nor any third party using the posting in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the posting. NEHHPA shall have no duty to attribute authorship of the posting to the posting party. NEHHPA shall not be obligated to enforce any form of attribution by third parties.
9. Links to NEHHPA Website. The use of links to the Website located on other websites or contained in e-mails or other electronic formats must comply with the following:
a) The appearance, position and other aspects of the link to the Websites may not be such as to damage or dilute the goodwill associated with NEHHPA’s names and trademarks;
b) The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with NEHHPA; and
c) NEHHPA reserves the right to revoke its consent to the link at any time and in its sole discretion.
10. Links to Third Party Websites. The Website may provide links to websites owned and operated by third parties, which are provided for convenience only. NEHHPA does not own or control third party sites, has not reviewed all the links to nor the content on third party sites on the Website. You agree to access the third party links at your own risk and to review the terms of use and privacy policies posted on the third party sites. NEHHPA makes no representations or warranties as to the accuracy or functioning of any third party links, and does not endorse the owner of another site, its contents, or its products or services.
11. Contests. Occasionally NEHHPA may conduct online contests or competitions (“contests”). Contests are void where prohibited, regulated, or where prior state or local registration is required. Where prizes are awarded, contest winners are solely responsible for applicable taxes. Unless expressly stated in posted contest rules, participants in contests based on online voting are limited to one vote per person. NEHHPA reserves the right to determine, in its sole discretion, whether contestants have abided by the one-vote-per-person rule. Where voting is based on individual email registrations, NEHHPA may qualify or discount votes from email accounts that NEHHPA determines are not fully active at the time votes are tallied. NEHHPA may also disqualify or discount votes from emails using temporary or disposable email addressing (DEA) services, which may be used to hide multiple votes from individuals. Validation of any winner or winners of online contests shall be determined in the sole discretion of NEHHPA.
12. Updates. NEHHPA may update or make changes to the materials provided on the Website at any time without notice; however, NEHHPA makes no commitment to update the information contained herein, and makes no representation or warranty concerning the accuracy of any information.
13. Indemnity. You agree to defend, indemnify and save harmless NEHHPA, its subsidiaries, affiliates, and their respective trustees, directors, officers, agents, licensors, representatives, and third party providers to the Website from and against all liability, loss, cost or expense, including reasonable attorneys’ fees, arising from or related to: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any privacy, property or intellectual property rights; (d) any claim that one of your postings or submissions to the Website caused damage to a third party; (e) your violation of any law, rule or regulation of the United States; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code. This defense, indemnification, and save harmless obligation will survive these Terms of Use and your use of the Website.
14. Miscellaneous. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and enforceable. No action or inaction of NEHHPA shall be construed as a waiver of any part of these Terms of Use. These Terms of Use supersede any prior oral or written understanding or communications between you and NEHHPA and constitute the entire agreement between you and NEHHPA with respect to the subject matter hereof. NEHHPA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address.