BY USING THIS WEBSITE,
YOU ARE AGREEING TO ABIDE BY THE TERMS OF
SERVICE BELOW.
These rules and guidelines have been created to
protect all users and ensure that the site works
for all. If you encounter another member who
fails to abide by these rules in any manner,
including but not limited to, using improper,
threatening, or harassing language and/or
behavior, please contact us immediately. By
agreeing to these terms, you are entrusted to
abide by the provisions of these Terms of
Service and take personal responsibility for
your own actions.
1.
Acknowledgment and Acceptance of Terms of Use
This website ("the website") is provided free of
charge to you by the City of Boulder City
("BCNV") under these Terms of Service. Although
portions of the website may be viewed simply by
visiting the Site, in order to receive
additional services from BCNV you may need to
sign on as a guest or register as a member of
the website. If you sign on to the website as a
guest, these Terms of Service will govern your
use of the website, including access to message
boards and other features. If you register as a
member of the website community, these Terms of
Service will govern your use of the website,
including use of message boards and other
features. BY
SIGNING ON TO THE WEBSITE AS A GUEST AND/OR
COMPLETING THE REGISTRATION PROCESS AND
SELEBCNVNG THE "LOG IN" OPTION, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM
TIME TO TIME.
These Terms of Service govern your use of the
website and all services provided in connection
with the website. BCNV shall not be liable to you
for any breach of these Terms of Service. IF YOU DO NOT AGREE TO
THESE TERMS OF SERVICE, PLEASE DO NOT REGISTER
FOR OR OTHERWISE ENTER THE WEBSITE.
The Terms of Service is available to refer to
throughout any and all visits. Please refer to
the terms of service if you have any questions
before using the website to determine whether a
change has been made to these Terms of Service.
If you do not agree to these changes in the
Terms of Service as they may occur, please
arrange to terminate your registration with the
website immediately (i) by notifying BCNV of your
unwillingness to accept the changes to the Terms
of Service; and (ii) by discontinuing your use
of the website. YOUR
CONTINUED USE OF THE WEBSITE WILL SIGNIFY YOUR
ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT AND
ANY CHANGE IN THE TERMS AND CONDITIONS SET FORTH
HEREIN.
From time to time BCNV may supplement these Terms
of Service with additional terms pertaining to
specific content or events, ("Additional
Terms"), which Additional Terms may be placed on
the website to be viewed in connection with the
specific content or events and shall be
identified as such. You understand and agree
that such Additional Terms are hereby
incorporated by reference into these Terms of
Service.
2.
Registration Information/Privacy Policy
When you register for the website, you will be
required to provide BCNV with the following
information: your name, email address, zip code,
gender, age, member name and password. In
addition, you may voluntarily choose to provide
the website with additional information,
including: your address, household income,
education, marital status, and employment
status.
Except as provided herein, BCNV will not sell to
any third party your name, address, email
address and member name, unless you provide your
informed consent, except to the extent necessary
to comply with applicable laws, police
investigations, or in legal proceedings where
such information is relevant. BCNV allows access
to database information by third parties
providing technical services, but only to the
extent necessary to provide you with those
services. In those instances, the third party is
bound by these terms. Your informed consent
shall be in the form of an "opt in" or similar
policy. You understand and agree that BCNV may
disclose to third parties your zip code, gender
and/or age. In addition, you agree that BCNV may
assign, sell, license, or otherwise transfer to
a third party, your name, address, email
address, member name and any other personal
information in connection with an assignment,
sale, joint venture, or other transfer or
disposition of a portion or all of the assets or
stock of BCNV or its affiliated entities. BCNV
reserves the right to offer you third party
services and products based on the preferences
that you identify during the registration
process and based on your subsequent
preferences; such offers may be provided to you
by BCNV.
3.
Termination
BCNV reserves the right, at its sole discretion,
to immediately, without notice to suspend or
terminate (i) these Terms of Service; (ii) your
registration with or ability to access the
website and/or any other service provided to you
by BCNV upon any breach by you of the Terms of
Service.
4.
Modifications of these Terms of Service
BCNV MAY
MODIFY THESE TERMS OF SERVICE AT ANYTIME AND AS
OFTEN AS BCNV DESIRES IN ITS SOLE DISCRETION.
EACH TIME YOU LOG ON TO THE WEBSITE, YOU WILL BE
DEEMED TO HAVE ACCEPTED ANY SUCH CHANGES.
5.
Modifications of BCNV.ORG
At any time BCNV may modify or discontinue the
website with or without notice to you and
without liability to you or any third party.
6. Content of
Messages
You alone are responsible for the content of
your messages, and the consequences of any such
messages. BCNV reserves the right to terminate
your registration if it becomes aware and
determines, in its sole discretion, that you are
violating any of the following guidelines.
Any use by you of any other subscriber's
information, personal or otherwise, for any
commercial purpose or to obtain direct financial
gain (e.g. mass marketing) is prohibited. Any
such use shall be deemed to be a violation of
these Terms of Service. The website is to be
used by you for your personal use only.
Commercial uses of the website are strictly
prohibited unless prior written consent from BCNV
has been granted.
You further agree not to use the website to send
or post on message boards or any other place on
the website, any message or material that is
unlawful, harassing, libelous, defamatory,
abusive, threatening, harmful, vulgar, obscene,
profane, sexually oriented, threatening,
racially offensive, inaccurate, or otherwise
objectionable material of any kind or nature or
that encourages conduct that could constitute a
criminal offense, give rise to civil liability,
encourage the use of controlled substances, or
otherwise violate any applicable local, state,
national or international law or regulation. BCNV
reserves the right to delete any such material
from the website. BCNV will cooperate fully with
all law enforcement officials and/or agencies in
the investigation of any person or persons who
violate the Terms of Service contained in this
Section 6.
You further agree not to impersonate any other
person or entity, whether actual or fictitious,
including impersonating an employee or
consultant of BCNV. You also agree not to use an
inappropriate member name of any kind.
You further agree not to post or use the website
to distribute or send any illegal material of
any kind, including but not limited to, illegal
material in the form of text, graphics, video,
programs or audio. Posting content or
participating in any form of discussion with the
intention to commit any illegal activity is
strictly prohibited.
You acknowledge that (i) BCNV permits access to
content that is protected by copyrights,
trademarks and other intellectual and
proprietary rights ("Rights"); (ii) these Rights
are valid and protected in all media and
technologies existing now or later developed;
and (iii) except as explicitly provided
otherwise, the Terms of Service and applicable
copyright, trademark and other laws govern your
use of such content. You may not post to the
website, copy, reproduce, retransmit,
distribute, publish, commercially exploit or
otherwise transfer any material subject to any
Rights. The burden of determining that any
information, software, images or any other
content on the website is not protected by
Rights rests with you. You acknowledge that BCNV
may acquire Rights to use any posted materials
as described below, and that you will not
acquire any of those Rights by downloading such
materials.
BY SUBMITTING
CONTENT, WHICH SHALL INCLUDE YOUR MEMBER NAME,
TO ANY "PUBLIC AREA" OF THE WEBSITE, INCLUDING
BUT NOT LIMITED TO MESSAGE BOARDS, FORUMS,
CONTESTS AND CHAT ROOMS, YOU GRANT BCNV AND ITS
AFFILIATES A ROYALTY-FREE, PERPETUAL,
IRREVOCABLE, NON-EXCLUSIVE RIGHT (INCLUDING ANY
MORAL RIGHTS) AND LICENSE TO USE, REPRODUCE,
MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE
DERIVATIVE WORKS FROM, DISTRIBUTE, COMMUNICATE
TO THE PUBLIC, PERFORM AND DISPLAY THE CONTENT
(IN WHOLE OR IN PART) WORLDWIDE AND/OR TO
INCORPORATE IT IN OTHER WORKS IN ANY FORM,
MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER
DEVELOPED, FOR THE FULL TERM OF ANY RIGHTS THAT
MAY EXIST IN SUCH CONTENT.
You also warrant that the holder of any Rights,
including moral rights in such content, has
completely and effectively waived all such
rights and validly and irrevocably granted to
you the right to grant the license stated above.
You also permit any subscriber to access,
display, view, store and reproduce such content
for personal use. Subject to the foregoing, the
owner of such content placed on the website
retains any and all Rights that may exist in
such content.
ANYTHING
CONTAINED HEREIN TO THE CONTRARY
NOTWITHSTANDING, BY SUBMITTING CONTENT TO THE
WEBSITE, YOU HEREBY EXPRESSLY PERMIT BCNV TO
IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT
TO THE CONTEST IN ANY PUBLICATION IN ANY FORM,
MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED
IN CONNEBCNVON WITH THE CONTENT, UNLESS YOU
OTHERWISE NOTIFY BCNV IN WRITING AT THE TIME YOU
SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE
IDENTIFIED.
7. Third
Party Services
You may order services or merchandise through
the website from other persons not affiliated
with BCNV ("Seller"). All matters concerning the
merchandise and services desired from Seller,
including but not limited to purchase terms,
payment terms, warranties, guarantees,
maintenance and delivery, are solely between you
and Seller. BCNV makes no warranties or
representations whatsoever with regard to any
goods or services provided by Sellers. You will
not consider BCNV, nor will BCNV be construed as a
party to such transactions, whether or not BCNV
may have received revenue or other remuneration
in connection with the transaction or be liable
for any costs or damages arising out of, either
directly or indirectly, to you or any other
person involved or related to the transaction.
BCNV may include special routing icons which may
be located within the website, the activation of
which will allow you to access and learn more
about BCNV and other services provided by BCNV or
its affiliates whereby the use of such icons is
free of additional charge to you. WHEN YOU
ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND
OBLIGATIONS WILL BE GOVERNED BY BCNV AGREEMENTS
AND POLICIES RELATING TO THE USE OF THESE
SERVICES.
8.
Registration and Password
You are responsible for maintaining the
confidentiality of your Information and
password(s). You shall be responsible for all uses
of your registration, whether or not authorized
by you. You agree to immediately notify BCNV of
any unauthorized use of your registration or
password(s).
9. Disclaimer
of Warranties
YOU EXPRESSLY
AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. BCNV EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
BCNV MAKES NO WARRANTY THAT THE WEBSITE WILL MEET
YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES BCNV MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE. BCNV WILL NOT BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER
FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE
UNAVAILABILITY OR MALFUNBCNVON OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR DATA LOSS THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT BCNV DOES NOT
GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION IN OR PROVIDED IN CONNEBCNVON WITH
THE WEBSITE. BCNV IS NOT RESPONSIBLE FOR ANY
ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION. THE
INFORMATION IS PROVIDED WITH THE UNDERSTANDING
THAT NEITHER BCNV NOR ITS MEMBERS, WHILE SUCH
MEMBERS ARE PARTICIPATING IN THE WEBSITE, ARE
ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING
OR OTHER PROFESSIONAL SERVICES OR ADVICE. BCNV
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL
ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT
YOU MAY HAVE.
BCNV SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED,
DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR
IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS
SERVICE AREA. YOUR PARTICIPATION IN THE WEBSITE
IS SOLELY AT YOUR OWN RISK. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BCNV OR THROUGH THE WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BCNV MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE
WEBSITE OR ANY TRANSABCNVONS ENTERED INTO THROUGH
THE WEBSITE.
BCNV IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS
CONTAINED OUTSIDE BCNV's SITE. As a convenience
to our members, we may provide links to
resources that are beyond our control. We make
no representations as to the reliability,
validity, quality, suitability, functionality or
legality of any sites to which we may provide
links, and you hereby waive any claim you might
have against BCNV with respect to such sites.
BY PERMITTING
CLASSIFIED AND PERSONAL ADVERTISING, BCNV MAKES
NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS
TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF
THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT.
BCNV specifically disclaims liability for direct,
consequential or incidental damages arising from
such advertisements. By posting a personal or
classified advertisement on the website, you are
promising that the content of your advertisement
is true and that you will indemnify BCNV against
any claims which may arise from your
advertisements. By responding to a classified or
personal advertisement on the website, you waive
any claims against BCNV for damages arising from
such advertisement or your reliance upon
statements in such advertisement.
10.
Limitation of Liability
BCNV SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE WEBSITE OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSABCNVONS
ENTERED INTO THROUGH THE WEBSITE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF BCNV HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.
Promotional Messages
BCNV and/or third parties may, from time to time,
send e-mail messages to you containing
advertisements, promotions, etc. BCNV makes no
representation or warranty with respect to the
content of any such e-mail messages or any goods
or services which may be obtained from such
third parties, and you agree that neither BCNV
nor such third party shall have any liability
with respect thereto.
12.
Indemnification
You agree to indemnify and hold each of BCNV,
their parents, subsidiaries, affiliates,
officers, consultants and employees, harmless
from any claim or demand, including attorneys'
fees, made by any third party due to or arising
out of your use of the website, the violation of
these Terms of Service by you, or the
infringement by you, or any other subscriber of
your account, of any intellectual property or
other right of any person or entity.
13.
Applicable Law
These Terms of Service shall be governed by and
construed in accordance with the laws of the
State of North Carolina, without giving effect
to its conflict of laws provisions.
14. Remedies
for Breach of these Terms by You
In the event that BCNV determines, at its sole
discretion, that you have breached any portion
of these Terms of Service, or have otherwise
demonstrated conduct inappropriate for the
community of the website, BCNV reserves the right
to (i) warn you via e-mail that you have
violated these Terms of Service; (ii) delete any
content provided by you or your agent(s) to the
website, (iii) delete all content provided by
you to the website, (iv) discontinue your
registration with the website and/or any other
BCNV community; (v) notify and/or send content to
and/or fully cooperate with the proper law
enforcement authorities for further action;
and/or (vi) any other action which BCNV deems to
be appropriate.
15.
Severability
In the event that any provision of the Terms of
Service conflicts with the law under which the
Terms of Service are to be construed or if any
such provisions are held invalid by a court with
jurisdiction over the parties to the Terms of
Service, such provision will be deemed to be
restated to reflect as nearly as possible the
original intentions of the parties in accordance
with applicable law, and the remainder of these
Terms of Service will remain in full force and
effect.
16.
Miscellaneous
The failure of either party to insist upon or
enforce strict performance by the other party of
any provision of the Terms of Service or to
exercise any right under the Terms of Service
will not be construed as a waiver or
relinquishment to any extent of such party's
right to assert or rely upon any such provision
or right in that or any other instance, rather,
the same will be and remain in full force and
effect.
BCNV may assign its rights and obligations under
these Terms of Service and upon such assignment
BCNV may be relieved of any further obligation
hereunder.
You represent to BCNV that you have the authority
to register with the website according to these
Terms of Service.
These Terms of Service and any Additional Terms
(as such terms shall be identified when posted
on the website by BCNV) constitute the entire
understanding between the parties as to subject
matter hereof, and supersede all prior
agreements and understandings. Any legally
unenforceable provision of these Terms of
Service will, at the election of BCNV, be deleted
or modified to correct the defect and,
regardless, the remainder of the terms of these
Terms of Service will remain valid and
enforceable.
BCNV reserves the right to charge fees,
surcharges and/or membership fees at any time
upon thirty days prior written notice to you.