July 23, 2017  

Ames Electronic Village
Online Resource Center for the City of Ames, Iowa
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Terms of Use

1. Acceptance of Terms.
The Ames Electronic Village provides its service to you pursuant to the following terms and conditions. We reserve the right to update these terms and conditions at any time without notice. By using the Ames Electronic Village, you warrant that you have read and accepted the terms of use outlined herein.

2. Description of Service.
The Ames Electronic Village provides its users with information and resources which we consider to be of interest and useful to citizens of the city of Ames, Iowa ("Service"). You understand and agree that the Service is provided "as-is" and that The Ames Electronic Village assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless explicitly stated otherwise, any new features that change or enhance the current Service shall be subject to these terms of use.

3. Member Registration Obligations.
When providing information to the Ames Electronic Village during the account registration process, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Ames Electronic Village has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Ames Electronic Village has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Member Account Password and Security.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify The Ames Electronic Village of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. The Ames Electronic Village shall not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Member Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Ames Electronic Village, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Ames Electronic Village does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Ames Electronic Village be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

By accepting these terms, you agree to not use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  3. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  6. Impersonate any person or entity, including, but not limited to, an Ames Electronic Village official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law;
  8. Stalk or otherwise harass another.
You acknowledge and understand that The Ames Electronic Village does not pre-screen Content, but that The Ames Electronic Village and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The Ames Electronic Village and its designees shall have the right to remove any Content that violates the terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you will not rely on any Content created by The Ames Electronic Village or submitted to The Ames Electronic Village.

You acknowledge and agree that The Ames Electronic Village may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of use; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of The Ames Electronic Village, its users and the public.

6. Content Submitted or Made Available for Inclusion on the Service.
The Ames Electronic Village does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant The Ames Electronic Village the following royalty-free and non-exclusive license(s), as applicable:

  1. With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of The Ames Electronic Village, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the The Ames Electronic Village. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or The Ames Electronic Village removes such Content from the Service.
  2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of The Ames Electronic Village that are intended by The Ames Electronic Village to be available to the general public.

7. Indemnity.
You agree to indemnify and hold The Ames Electronic Village, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of use, or your violation of any rights of another.

8. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. General Policies Regarding Use and Storage.
You acknowledge that The Ames Electronic Village may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Ames Electronic Village's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Ames Electronic Village has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that The Ames Electronic Village reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. Modifications of Service.
The Ames Electronic Village reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Ames Electronic Village shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination.
You agree that The Ames Electronic Village, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Ames Electronic Village believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. The Ames Electronic Village may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this terms of use may be effected without prior notice, and acknowledge and agree that The Ames Electronic Village may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Ames Electronic Village shall not be liable to you or any third-party for any termination of your access to the Service.

12. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Ames Electronic Village shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. Links to Other Sites.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Ames Electronic Village has no control over such sites and resources, you acknowledge and agree that The Ames Electronic Village is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Ames Electronic Village shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. Proprietary Rights.
You acknowledge and agree that the Service contains proprietary information that is protected by copyrights, trademarks, service marks applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

15. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AMES ELECTRONIC VILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. THE AMES ELECTRONIC VILLAGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AMES ELECTRONIC VILLAGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE terms of use.
16. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AMES ELECTRONIC VILLAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AMES ELECTRONIC VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. Notice.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the Service.

18. General Information.
The terms of use constitutes the entire agreement between you and The Ames Electronic Village and governs your use of the Service, superceding any prior agreements between you and The Ames Electronic Village. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The terms of use and the relationship between you and The Ames Electronic Village shall be governed by the laws of the State of Iowa. You and The Ames Electronic Village agree to submit to the personal and exclusive jurisdiction of the courts located within Story County, Iowa. The failure of The Ames Electronic Village to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Violations.
Please report any violations of the terms of use to: legal@globalreach.com

 
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