Thursday January 19, 2017

Legal Disclaimer

Terms and Conditions of Use
Rules of User Conduct
Requesting Permission to use Copyrighted Materials
Procedures for making claims against Copyright Infringement

 

Terms and Conditions of Use

Acceptance Of Terms Through Use:
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Agreement To Rules Of User Conduct:
You agree to abide by TheVillages.net's Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found under the "Rules of User Conduct" section.

Third Party Sites:
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TheVillages.net, and you acknowledge that TheVillages.net is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by TheVillages.net or any association with its operators.

Proprietary Rights:
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by TheVillages.net in these Terms and Conditions of Use, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TheVillages.net is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of TheVillages.net. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please follow the instructions contained in the section "Requesting Permission to use Copyrighted Materials".

User's Grant Of Limited License:
By posting or submitting content to this site, you: grant TheVillages.net and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TheVillages.net will not infringe or violate the rights of any third party.

Procedure For Making Claims Of Copyright Infringement:
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify TheVillages.net. Please review the instructions for making such claim under the section "Procedure for making claims of copyright infringement" on this site.

Disclaimer Of Warranties:
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TheVillages.net, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

Limitation Of Liability:
UNDER NO CIRCUMSTANCES SHALL TheVillages.net, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, INABILITY TO USE, THIS SITE, OR FOR ANY OTHER MATTER RELATED TO TheVillages.net. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TheVillages.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification:
Upon a request by TheVillages.net, you agree to defend, indemnify, and hold harmless TheVillages.net and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. TheVillages.net reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TheVillages.net in asserting any available defenses.

International Use:
TheVillages.net makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law And Forum:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability And Integration:
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and TheVillages.net with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TheVillages.net with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Using TheVillages.net As A Pop3 Mail Server:
If you use any third party "client based Software package" (the "Software") to access your email from TheVillages.net, your use of TheVillages.net Mail on the Web constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to TheVillages.net's then-current Terms and Conditions of Use. You further agree and acknowledge that by using the Software to access the TheVillages.net service, you will be subject to any applicable charges for the use of the TheVillages.net service as set forth in the terms and conditions of the pricing plan you have chosen.

You understand that TheVillages.net provides no assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties are provided. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

TheVillages.net is in no way liable for any claims arising from your use of the Software. As a condition of your use, you agree to indemnify TheVillages.net for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. TheVillages.net reserves the right, in its sole discretion and at any time, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; assess charges for the use of the Software in the future; and/or make changes to this Registration Agreement.

TheVillages.Net Mail On The Web Billing Notice:
TheVillages.net members who are on an hourly pricing plan will be subject to normal hourly charges for this session in accordance with TheVillages.net's standard billing practices. For more details, please refer to the BILLING explanation when logged on to the TheVillages.net service.

Termination:
TheVillages.net reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

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Rules of User Conduct

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service, including but not limited to the Golf Information System, that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a Screen Name (AIM) or otherwise violates TheVillages.net's rules or policies or these Rules of User Conduct; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of TheVillages.net.

You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.

TheVillages.net generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, TheVillages.net and its agents have the right at their sole discretion to remove any content that, in TheVillages.net's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. TheVillages.net is not responsible for any failure or delay in removing such content.

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Requesting Permission to use Copyrighted Materials

This website contains documents (including product information, help files, articles, etc.), photos, icons, and other copyrighted materials owned by us or our content providers. The following information applies only to materials we own. You must contact the copyright owner for permission to use third party materials.

Do I Need Permission?
You are authorized to view, copy, download, and print for personal use only any copyrighted materials that are available on this web site, subject to the following conditions:

  • The documents may be used solely for personal, noncommercial, and informational purposes. They may not be posted or distributed. The documents may not be modified.
  • All copyright and other proprietary notices must be retained in the document.
  • This permission does not extend to materials owned by other content providers that appear on this web site.

You may not reproduce, copy, or redistribute the design or layout of this website, individual elements of the website design, or our logos without our express written permission.

Permission for Commercial Use
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without our express written permission. Permission is granted only when certain limited criteria are met.

To request such permission please send email to Support@TheVillages.net.
Please identify the requested material and the website on which it is found in the subject line, e.g. "TheVillages.Net home page screenshot," "Golf Information System Screen Shot," or "Screenshot of our website in Netscape browser frame." Include all of the following information in the body of the message:

  • The content you wish to use and the URL where it is located.
  • Where and how it will be used (for example, in an Internet use manual, in a newsletter, or in a movie).
  • Where and how copies will be distributed and to what audience.
  • How many copies will be produced and distributed.
  • When you intend to publish, and your deadline for a response (no shorter than 1 week please).
  • Other materials that will be associated with our content.
  • Your name, title, company, address, email address, and phone number.
  • In addition, please provide an example or mockup of the intended use, either by sending a file attached to your email (in a format readable with a PC), or by fax to (352) 753-6265. We will need all of the above in order to evaluate your request. Please expect 7 to 10 days for processing all requests.

We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of our copyrighted material.

Thank you for your cooperation.

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Procedure for Making Claims of Copyright Infringement


TheVillages.net and its affiliated companies respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  • identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  • your name, address, telephone number, and email address.
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached by regular mail at:

Steven R. Roy
Attorney at Law
McLin Burnsed
Post Office Box 1299
The Villages, FL 32159


This contact information is only for reporting copyright infringement.
Contact information for other matters is provided elsewhere on this site.

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