Terms of use
Please read these user terms and conditions carefully. They set out the terms
under which we provide City of Bainbridge Island Communities services to you. By
accessing and/or registering for City of Bainbridge Island Communities you agree to
be bound by these user terms and conditions.
Registration
The details provided by you on registration are important and should be
correct and complete.
If we believe that you have provided false information we reserve the right
to terminate your participation in City of Bainbridge Island Communities without
notice.
Your Personal Information
We will respect your personal information and will only use that information
in accordance with the terms set out in our Privacy policy and in a manner that
is consistent with the preferences set out by you on Registration, and as
amended by you from time to time under "Your Details" In addition we undertake
to comply with UK and United States Data Protection legislation.
We do not allow advertisers or users to send unsolicited commercial emails
(SPAM). If you receive any such email please inform us.
Our Obligations to You
We agree to use our reasonable endeavors to maintain
City of Bainbridge Island Communities in fully operational condition. However we
cannot guarantee that this will always be the case and we do not accept
responsibility for any defects that may exist, or for any costs, loss of
profits, loss of data, or consequential losses arising from your use of, or
inability to access this service even where any such loss arises through our
negligence. We also exclude any liability (including liability for negligence)
for the accuracy, suitability, quality or completeness of any information or
material of whatever nature appearing on or available through
City of Bainbridge Island Communities and the value and integrity of information,
advice, goods or services offered by third parties over or through
City of Bainbridge Island Communities.
City of Bainbridge Island Communities is provided without any warranties or
guarantees unless specifically stated.
Any pages in, or any information derived from the
City of Bainbridge Island Communities service and/or group (including emails and
downloaded files) may contain links to other websites or resources. We are
unable to accept responsibility for these nor can we be deemed to have endorsed
their content.
We reserve the right at any time and without any notice or explanation to
suspend, restrict, reduce or terminate your access to
City of Bainbridge Island Communities for any reason and to delete any data and
files in any group. We may modify or discontinue the service temporarily or
permanently, with or without notice to you. You agree that we shall not be
liable to you or any third party for any modification to or discontinuance of
the service or for any deletion or corruption of any data contained in the
system, even where such modification, discontinuance, deletion or corruption is
due to our negligence.
In order to maintain the integrity of City of Bainbridge Island Communities, we
reserve the right to forward details to the Police, or other Regulatory
Authorities where requested to do so. We may also forward contact details where
a complaint arises concerning your use of this service and where the use is
deemed by us to be inconsistent with these terms and user conditions or
illegal.
Although it is our intention that any information you submit to a private
(but not a public) group, or set as Members or Managers only will remain
confidential to that Group, we cannot guarantee that this confidentiality will
be maintained. In particular, whilst users are prohibited by these terms &
conditions from distributing any information they obtain from a private group
outside that private Group, we cannot guarantee that all users will comply with
this rule, nor do we promise to police or enforce strictly this rule. We will
not be liable for any loss (including loss arising through our negligence) that
you suffer for any information you post to a private group being used or
distributed without your consent.
We do not engage in the screening of information submitted by users prior to
it appearing on the City of Bainbridge Island Communities service nor do we
exercise any editorial control over groups. However, we reserve the right, but
shall be under no obligation, to remove any such information at any time at our
sole discretion and in particular, (but not limited to), any material which is
offensive or unlawful and we reserve the right to terminate your use of the
service in the event that you place such material on any group.
You acknowledge that we have no control over content in groups. We cannot and
shall not be held liable or otherwise responsible for the content of any group.
By using the service, you accept that we shall not be liable or otherwise
responsible and agree to waive any claims against us for any distress, injury,
loss, liability, damage and expense arising from or in connection with your use
of the service, or its contents. This exclusion also applies to any loss,
damage, liability, distress and expense arising from our negligence. You agree
to indemnify us and any of our employees and officers from and against any
liability for losses, damages, expenses and claims arising from your use of
these groups or any content of the groups to which you post. You specifically
agree that we are not responsible for or liable to you or anyone else for any
threatening, defamatory, libelous, obscene, offensive or illegal conduct of any
other party or you or any infringement of another's rights, including
intellectual property rights.
We do not exclude any liability for death or personal injury caused through
our negligence.
Your Obligation to Us
You agree that you will only use City of Bainbridge Island Communities in a
manner that is consistent with these user terms and conditions and in such a way
as to ensure compliance with all applicable laws and regulations. In particular:
- You will not use City of Bainbridge Island Communities to transmit or post any
material which is (or which we believe is) defamatory, offensive, obscene,
menacing, hateful or racially, ethnically or otherwise objectionable, or which
may, in our judgment, cause annoyance, inconvenience or anxiety to any person.
Please notify us, by sending an email to support@inovem.com,
of any material contained in the service that you believe infringes these rules
- You will not impersonate any person or entity;
- You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the service;
- You will not upload, post, email or otherwise transmit any material that you
so not have a right to transmit under any law or contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
non-disclosure agreements);
- You will not post, email or otherwise transmit any material that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
any party; placed on who may or may not pass on investment advice.
- You will not provide or offer to exchange passwords for commercial sites;
- You will not include direct personal promotion or commercial advertising ;
- You will not post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail", "spam", "chain
letters", "pyramid schemes" or any form of solicitation;
- You will not post, email or otherwise transmit 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. Please notify us by sending an email
to support@inovem.com of any material contained in the
City of Bainbridge Island Communities that you believe infringes this rule;
- You will not interfere with or disrupt the services or servers or networks
connected to the service, or disobey any requirements, procedures, policies or
regulations of networks connected to the service;
- You will not "stalk" or otherwise harass any person; and
- You will not collect or store personal information about other users whether
or not for commercial purposes, without their consent.
To the extent to which your use, or the use by any person who may be
authorized by you or for whom you are responsible (for example, as the parent or
guardian of a child or otherwise under these user terms and conditions) causes
loss, damage or expense to any person (including us), you agree to indemnify us
from and against any liability for such losses, damages and expenses.
Where applicable, you are responsible for maintaining the full and total
confidentiality of your username and password chosen by you on registration. As
a result, you are fully responsible for all activities which occur under them.
You must notify us immediately of any unauthorized use to which you become
aware.
You are responsible for obtaining the equipment and paying all telephone
charges necessary to access and use City of Bainbridge Island Communities. You are
also responsible for making your own back-up arrangements of any important data
that you place on service as although our suppliers maintain back up facilities
for data on the service, we cannot guarantee that these facilities are fail
safe.
You agree not to use City of Bainbridge Island Communities or the services made
available to you on City of Bainbridge Island Communities such that you cause the
whole or part of City of Bainbridge Island Communities to be interrupted, damaged,
rendered less efficient or in any way impaired.
We do not exclude any liability for death or personal injury due to our
negligence.
Copyright
Your use of City of Bainbridge Island Communities carries with it no rights in
relation to copyright, trade and service marks or other intellectual property
rights in City of Bainbridge Island Communities. You agree not to display or use in
any manner the City of Bainbridge Island Communities trade and/or service marks or
otherwise infringe the Rights. You agree that we can display images and text
throughout the service, including on any emails or within any other data
processed by the City of Bainbridge Island Communities system. Any content
contained in or presented through the service by us is protected by our or their
proprietary rights.
You will not modify, copy, reproduce, republish, upload, post, transmit, sell
or distribute in any way such content including all code and software, unless
you are explicitly authorized by us or them (as the case may be) to do so.
An group may be either public or private. If you wish to subscribe or are
invited to join a private group, your admission to and participation in that
group will be at the discretion of that group's manager. You agree that you will
not distribute outside a private group any material or information you have
derived from a private group without the consent of the author of that
information.
City of Bainbridge Island Communities allows you to participate in on-line
communities where users can exchange information freely. You consent to
participating in such an environment where it cannot be guaranteed that
information you submit will not be reproduced elsewhere, including outside the
service.
You agree that we are in no way liable for unauthorized reproduction or
distribution of information that you submit to the service. Information you
submit will be displayed on the service and can be printed out and distributed
by users.
We respect the intellectual property of others, and we ask our users to do
the same. If you believe that a copy of your work is available on the service
without your consent or that a copyright infringement has otherwise occurred,
please supply us with the following information:
- A description of the copyrighted work that you claim has been infringed;
- Details of where the infringing material is located on the service;
- Your address, telephone number and email address;
- A statement by you that you believe in good faith that the use of the work
on the service is not authorized by the copyright owner or any person entitled
to act on their behalf or by law;
- An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
Please deliver this information to us by post (address at end).
Amendments
These user conditions may be amended from time to time. If we do amend them,
the new terms and conditions will be available on the
City of Bainbridge Island Communities website. Any notice sent to us should be sent
by email to support@inovem.com unless otherwise provided in
these user terms and conditions.
Our agreement with you, set out in these user terms and conditions is
governed by United States law and you.
These terms and conditions are between you, the user, and us City of
Bainbridge Island, 280 North Madison Avenue North, Bainbridge Island, WA
98110-1812
The City of Bainbridge Island Communities service is hosted by iNovem Ltd iNovem
Ltd., Weston Court, Newbury Road, Weston, Berkshire, RG20 8JE. Registered in
England under Company Number 4228932. iNovem staff has access to the data
contained in this system for system maintenance and monitoring purposes. For the
purposes of this document, iNovem and its staff and officers are included in the
term 'us'.
Last updated 17th September 2006.
