Site Use Agreement
Welcome to the Rocky Mountain Model A Club’s (the club) Website. (“Website”). Unfortunately, in this modern world we are constrained to live within, a site use agreement, and indemnification of the organization that publishes it is necessary.
This website is provided to you for your use by the club. The terms of use govern your use of the Website and any services provided through the site including links to other sites. In using this site, you agree to the terms set forth below. The club reserves the rights to modify these terms of use at any time without giving you prior notice. Please read the following terms of use carefully. If you have any questions contact webmaster@rockymountainmodelaclub.org The club will endeavor to protect your privacy as set forth in the Privacy Policy. Please review this policy prior to submitting classified ads, membership applications, or any other data via the forms displayed in this website.
You agree that the website, any service provided or implied, and the content are provided on an “as is” and an “as available” basis.
These terms of use are the total entire agreement between you and the club. The club’s failure to enforce these rights or provision in these terms of use do not constitute a waiver of such rights. You agree that if one or more of these terms of use are found to be unenforceable for any reason, that the remainder of the terms of use are separately enforceable and that any unenforceable term of use shall remain binding to the fullest extent of the law.
1) User Conduct
You agree to use this website only for lawful purposes. You also agree to not take any action that might compromise the security of this website. You agree to not make any attempt to make the website unavailable to others or to cause damage to any portion of this website, the hosting servers and the E-mail connections displayed in this website. You agree that you will not impersonate any person or entity. Portions of the website are protected by security systems of various types, including access by username/password systems. You agree not to attempt to access any content that is not intended for you. You also agree not to use the website in any manner which might interfere with the rights of third parties, to include but not be limited to the club members.
During the usage of this site you may be asked to provide feedback, insert text or numbers into forms, perform surveys, or uplink (transmit from your computer) various media in the form of a transmission from your computer system to our host server, and thence to various address locations. Any such transmissions become the exclusive property of the club. The club shall be entitled to use, reproduce, disclose, publish, and distribute any material that you shall submit for any purpose, in all media, in any manner, wholly or in part. For this reason we ask that you not send us any comments, text, numbers, or images, that you do not wish to assign to the club (this is to include any confidential information).
You agree that you are personally responsible for your behavior on the website. You agree to indemnify the club, its officers, the club members, the webmaster, and the editor of the newsletter, and to defend and hold harmless these entities against all claims, losses, expenses, damages and costs including indirect damages, and reasonable attorney’s fees that may arise out of your use, misuse, or inability to use the website, any real or implied service, the content, or any violation by you of this agreement.
2) User Submitted Content
During the usage of this site, you may be asked to submit content, including, but not limited to text, images, and other media. You shall not upload, post, or otherwise transmit any content that is profane, libelous, obscene, pornographic, or defamatory. You agree to not submit any material that could give rise to any civil or criminal liability. You agree to not submit any content that infringes on any patent, trademark, trade secret, copyright, or any other property rights of another party. You shall not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or any contractual or fiduciary relationship. You shall not manipulate identifiers to disguise the origin of any content submitted.
You agree not to submit any content to the website and the newsletter, which is covered by a copyright unless the content expressly provides permission to reprint the content. You are solely responsible for the content that you uplink, post, or otherwise transmit to the site, the club assumes no responsibility for any content submitted by you. If you provide such materials, you guarantee that to the club that you have the right to upload, post, or otherwise transmit to the site, and that it will not violate any law or rights of any party or entity.
The club may, but are not obligated to restrict or remove any content, text, or images, or other materials, that the club determines, at our sole discretion, is or otherwise harmful to us, or other site users, or third parties.
In order to submit certain content, it may be required to use your E-mail address. Any content that you submit must be by using your actual E-mail address and not a proxy or a fraudulent E-mail address.
You agree that you understand that any content that you submit will be routed through the Internet and you understand that you have no expectation of privacy with regard to any content that you submit.
You the user, understand and agree that the submission by any means including, but not limited to E-mail, website form submission, transmission by upload, or any other means, of any digital photo, image, text, or data of any kind to the club, and the download or copying of any website content or materials, is done at your own risk and that you are solely responsible for any loss or damage to your digital photos, images, text, or data of any kind. You agree that any damage to your computer system or loss of data that occurs in the upload, posting, transmission by other means, downloading, copying or other wise obtaining files, media, text or materials to and from the website is your responsibility and not that of the club or the webmaster.
3) Downloaded Files and Content
The club provides computer files, and content, that you the user can either download or can copy by various means directly from the website. The club uses reasonable means to avoid having files which are contaminated, have harmful viruses, worms, and other types harmful code, of intrusions upon your computer by various unauthorized computer programs. The club cannot, and does not warrant or guarantee, that the files, content, and other media, available on the site for your use will be free of infection by software viruses, spy programs, or other harmful computer code, files, or other software programs. You expressively agree, that you will hold harmless, the club, the webmaster, the editor of the newsletter, and other members of the club should you be affected by harmful computer code that you trace to any download, copying of content, or other transmission of data from the website to your or another’s computer.
4) Copyright
All of the content (text, images, audio, or any other web delivered media) you come into contact with on the website are subject to copyrights, intellectual property rights, or licenses held by the club, and or the creator of the website (Balancing Rock Enterprises, of Sedalia Colorado). You agree that you are not entitled to duplicate, create derivative materials, distribute, or display the content without the express permission of the club. If you want to use any of these materials or content, contact the webmaster atwebmaster@rockymountainmodelaclub.org The website and the content therein are protected by United States and or foreign copyright laws.
You agree that when you uplink, post, or otherwise transmit content to the website, you grant the club a nonexclusive worldwide irrevocable license to the content including the right to copy, use, change, and display the content
5) Links to Third Party Web Sites
The club website has links to other websites and/or information. These links are provided for your convenience. You agree that if you use these links, you will leave the club website and be subject to the uses, terms of use, privacy policies of those websites. You agree that such links do not constitute or imply an endorsement, sponsorship, or recommendation by the club of any services, content, or other media at that website. You understand that the club is not responsible or liable for any content or services of the linked site. You agree that the club is not responsible for the availability of the linked site, nor any services or content thereon.
6) Password Security
It is expected that the club may restrict all or portions of the website to member use only, using a UserName and Password system. Once you have employed the means established by the club to gain access via the UserName and Password system, you are responsible for maintaining the confidentiality of your UserName and Password, and for restricting its use to yourself. You agree that you accept all responsibility for any activity that occurs under your UserName and Password.
7) Limitation of Liability
You agree, when using the club website, that the club, the club officers, the club members, the webmaster, and any suppliers will not be liable for any damages whatsoever that rise out of the following, and you understand that in no way the club, club officers, the club members, the webmaster,and any suppliers will be liable for damages that rise out of;
a) The use or inability to use the website, services, or content.
b) Any transaction conducted through or facilitated by the website.
c) Any claim of damages due to errors, omissions, inaccuracies, in the website content.
d) Any claim of unauthorized access to data, or alteration of your data.
e) Or any other matter relating to the website, any service provided or facilitated, even if the club or the webmaster has been advised of such damages.
You agree that if any portion of the above liability is found to be invalid or unenforceable for any reason, the the club holds the webmaster not responsible, and the club’s limit of responsibility under such circumstances, for liabilities that otherwise would have been limited, shall not exceed $100.00 (One Hundred U.S. Dollars.
8) Disclaimer of Warranties
The club makes no express or implied warranties, representations, or endorsements whatsoever with respect to the website, any service provided or advertised, or any and all of the website content. The club expressly disclaims all warranties of any kind, express, or implied, including but not limited to fitness for a particular purpose, title and non infringement, with regard to any service provided or furnished by the website. The club does not warrant that the website, or any service provided or implied, will be uninterrupted, timely, secure, or error-free. The club and the webmaster, do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected.
9) Rights to Disclose
The club reserves the right to disclose any information, files, content, or other data that you submit, upload, post, or otherwise transmit to the website, the newsletter editor, or the webmaster, to the relevant authorities to satisfy any law, regulation, or Local, State, or U.S. Government request.
10) Governing Law
The laws of the State of Colorado shall govern the performance, interpretation, and enforcement of these terms of use. In any arbitration proceeding, the Colorado State Law shall be applied to determine the rights and obligations of the parties.
You agree that any controversy or claim rising out of use of this site, shall be binding arbitration and any judgment or award rendered by the arbitrators may be entered in any court having jurisdiction. The number of arbitrators shall be one (1) and the place of arbitration shall be Douglas County Colorado, unless other wise agreed between the two parties. The language of any arbitration shall be English.
Last updated Nov. 29, 2006