PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of the District or the District’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of the the District and is protected by the laws of the United States and other countries and international treaties. Certain marks indicated on the site may be registered trademarks of the District in the United States. All other trademarks that are not owned by the District that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to the District.
LICENSE AND SITE USE
If you use this site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and Ids that may be required to use the site from time to time (“Account Information”) and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). The District reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site.
Any information or materials you transmit, upload or otherwise submit to any District site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to the District via our Web site or other means of transmission or delivery, shall be collectively referred to as “Submissions.” If you transmit or otherwise deliver Submissions to the District, you grant the District a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to the District that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to the District, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of the District and that the District shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the District shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to, or solicit, others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component; or
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.
The District reserves the right to remove or edit content from any District Forum at any time and for any reason but does not regularly review posted Submissions.
Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.
When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and the District is not responsible for the content or accuracy of any information.
CONTENT LINKED TO ANY DISTRICT SITE
Please exercise discretion while browsing the Internet using any District site. You should be aware that while you are on a District site, you could be directed to other sites that are beyond our control. There are links to other sites from the District’s pages that take you outside of our service. This includes links from regional sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. The District reserves the right to disable links from third party sites to any District site. The District makes no representations concerning the content of sites linked to any District site or listed in any of our directories. Consequently, the District cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a District site.
THE MATERIALS IN THIS DISTRICT SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DISTRICT AND ITS CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, AND INTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY “DISTRICT PARTIES”) , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISTRICT PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY DISTRICT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DISTRICT SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISTRICT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY DISTRICT SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
District Parties explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any District site. District Parties cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any District site or third party content on any District site. District Parties do not endorse any of the merchandise (if any) except as expressly provided, nor has District Parties taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. District Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against District Parties with respect to such sites and third party content. District Parties strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold the District, the District’s subsidiaries and other affiliated companies/organizations, contractors, agents, partners, and sponsors and their respective officers, directors, volunteers, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other District site or of any site linking to this or any other District site. You shall use your best efforts to cooperate with us in the defense of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISTRICT PARTIES (AS DEFINED IN THE DISCLAIMER SECTION ABOVE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY DISTRICT SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF DISTRICT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Unless otherwise specified, the materials in any District site are presented solely for informational purposes. Those who choose to access a District site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Lupton Village Residential Metropolitan District
Attention: Legal Dept.
12210 Brighton Rd #8
Henderson, CO 80640
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.