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Iowacity.net
Terms of Service
1.
ACCEPTANCE OF TERMS
Welcome to Iowacity.net.
Iowacity.net provides its service to you, subject to the following Terms
of Service, which may be updated by us from time to time without notice
to you. You can review the most current version of the Terms of Service
at any time at:
http://www.iowacity.net/files/misc/termsofservice.htm
In
addition, when using particular Iowacity.net services, you shall be
subject to any posted guidelines or rules applicable to such services.
2.
DESCRIPTION OF SERVICE
Iowacity.net provides users with access to a rich collection of
resources, including links, news content, advertising and online forums
and various communication tools (the "Service"). Unless explicitly
stated otherwise, any new features shall be subject to the Terms of
Service. You understand and agree the Service is provided "as is"
and that Iowacity.net assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user or personalization
settings.
In
order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access Web-based content, and
pay any service fees associated with such access. In addition, you must
provide and are responsible for all equipment necessary to access the
Service.
3.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the membership form and (b) maintain and promptly update the membership
data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or Iowacity.net has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Iowacity.net has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service.
4.
IOWACITY.NET PRIVACY POLICY
Registration data and certain other information is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.iowacity.net/files/misc/privacy.htm
and
children's privacy policy at
http://www.iowacity.net/files/misc/childprivacy.htm
Iowacity.net
is concerned about the safety and privacy of all its users, particularly
children. Please remember that the site is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the services and/or content are appropriate
for your child.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the 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 (a) immediately
notify Iowacity.net of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Iowacity.net cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 5.
6.
MEMBER CONDUCT
You understand that all information, data or other materials ("Content")
publicly posted is the sole responsibility of the person from which
the Content originated. This means that you, and not Iowacity.net, are
entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service.
Iowacity.net
does not control the Content posted via its forums or other services
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will Iowacity.net be liable
in any way for any member-posted 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 said Content.
You agree to not use the Service to:
a.
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;
b.
harm minors in any way;
c.
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the service;
e.
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f.
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;
g.
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, except in those areas that are
designated for such purpose;
h.
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 or telecommunications equipment;
i.
interfere with or disrupt the Iowacity.net service or servers or networks
connected to the service, or disobey any requirements, procedures,
policies or regulations of networks connected to the service;
j.
intentionally or unintentionally violate any applicable local, state,
national or international law,
k.
"stalk" or otherwise harass another; or
l.
collect or store personal data about other users.
You
acknowledge that Iowacity.net and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move
any content. Without limiting the foregoing, Iowacity.net and its designees
shall have the right to remove any content that violates the Terms of
Service 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.
You
acknowledge and agree that Iowacity.net 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: (a) comply with legal process; (b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Iowacity.net,
its users and the public.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
8.
PUBLIC CONTENT POSTED TO IOWACITY.NET
a.
For purposes of the Terms of Services, "publicly accessible areas
of the Service" are those accessible by the general public. By
way of example, a publicly accessible area of the Service would include
forums and chat rooms.
b.
With respect to Content you elect to post for inclusion in publicly
accessible areas of the Service, you grant Iowacity.net the royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such
Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed.
9.
INDEMNITY
You agree to indemnify and hold Iowacity.net, 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 Service, or your violation of any rights of another.
10.
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.
11.
MODIFICATIONS TO SERVICE
Iowacity.net 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 Iowacity.net
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the service.
12.
TERMINATION
You agree that Iowacity.net, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service if
Iowacity.net believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. You agree that any
termination of your access to the Service under any provision of this
Terms of Service may be effected without prior notice, and acknowledge
and agree that Iowacity.net may immediately deactivate or delete your
account. Further, you agree that Iowacity.net shall not be liable to
you or any third-party for any termination of your access to the Service.
13.
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 Iowacity.net
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.
14.
LINKS
Iowacity.net may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Iowacity.net has no
control over such sites and resources, you acknowledge and agree that
Iowacity.net 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
Iowacity.net 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.
15.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("software") contain proprietary
and confidential information that is protected by 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. Except
as expressly authorized by Iowacity.net or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the service or the software, in whole or in part.
Iowacity.net
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
software. You agree not to modify the software in any manner or form,
or to use modified versions of the software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the service by any means other than through the
interface that is provided by Iowacity.net for use in accessing the
Service.
16.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. IOWACITY.NET
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED.
b.
IOWACITY.NET 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 SOFTWARE WILL BE CORRECTED.
c.
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.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM IOWACITY.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IOWACITY.NET SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, OR OTHER INTANGIBLE LOSSES 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.
18.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND
17 MAY NOT APPLY TO YOU.
19.
NOTICE
Notices to you may be made via either email or regular mail. Iowacity.net
may also provide notices of changes to the Terms of Service or other
matters by displaying notices or links to notices to you generally on
the service.
20.
TRADEMARK INFORMATION
Iowacity.net the Iowacity.net logo are trademarks of Iowacity.net.
Without prior permission, you agree not to display or use in any manner,
these trademarks.
21.
COPYRIGHT
Local content on Iowacity.net is protected by federal copyright laws
and cannot be reprinted nor electronically distributed for editorial
or commercial purposes without written permission by Iowacity.net. Iowacity.net
grants internet users a limited right to copy or transmit local content
for personal use.
Iowacity.net does not have authority to grant reprint nor distribution
rights to content from news syndicates and news services. If you are
interested in using this content, please contact the content provider.
22.
GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and
Iowacity.net and govern your use of the service, superceding any prior
agreements between you and Iowacity.net. 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.
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 Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
23.
VIOLATIONS
Please report any violations of the Terms of Service to:
iowacity.net
POB 10143
Iowa City, IA 52240-0003
webmaster@iowacity.net
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