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| Terms
of Use: Copyright and Privacy |
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Please
read these terms and conditions carefully before using the Westchester
Town Center (WTC) website ("this site," "our
site" “WTC site”).
By using this site, you are accepting these Terms & Conditions
of Use ("Terms & Conditions"). If you do not agree
to these Terms & Conditions, please do not use our site.
The WTC reserves the right to modify or amend these Terms &
Conditions from time to time without notice. If you continue
to use our site after we post changes to these Terms & Conditions,
it will mean that you accept those changes.
If you are under 18 years of age, do not use this site unless
you are an emancipated minor or have legal parental or guardian
consent to accept these Terms & Conditions and are fully
able to abide by them. This WTC does not knowingly collect information
from children under the age of 13. If you are under 13, please
don't submit any personally identifiable information to the
WTC on this site. |
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| Contents: |
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Use
of Materials on this Site
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The
WTC provides this site for your personal information, education,
and communication. Please feel free to browse our site. All
materials on our site, including but not limited to artwork,
photographs, graphics, audio clips, video clips, text and trademarks
(collectively, "Materials"), are the sole property
of the WTC. The exclusive rights to all Materials on this site
are protected by U.S. and international laws of copyright, trademark,
and unfair competition.
It the interest of providing information about the Westchester
Town Center Business Improvement District, it is the WTC’s
policy to allow limited reproduction and distribution of the
Materials posted on our site as follows: You may copy, reproduce
and distribute content from this site provided that: |
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The particular section is reproduced in its entirety
in its original form; you may not edit or otherwise
change the substance of the content, or change or delete
any copyright, trademark and other proprietary notices;
2) All copies include a statement that
the Material was reproduced from the WTC website with
permission of the WTC;
3) All copies include the following
notice "© 2013 Westchester Town Center Business
Improvement District. All Rights Reserved.";
4) The copies are distributed only
for the non-commercial uses; and
5) The copies are distributed at no
charge, or at most, at actual cost. Provided you comply
with all of these conditions, the WTC grants you a non-exclusive,
nontransferable license to use the Materials on our
site. |
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Other
than as specifically described above, you may not copy, reproduce,
distribute, modify, display, prepare derivative works based
on, republish, transmit, repost or otherwise use the Materials
on our site, without prior written authorization from the WTC.
To request such permission, send and email to info@westchestertowncenter.com.
The Westchester Town Center Business Improvement District and
its logo are registered or common law trademarks of the WTC.
In no event may WTC trademarks be reproduced separately from
the textual content associated with them on the site. Unauthorized
use of any WTC trademark, service mark or logo may be a violation
of federal and state law. |
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| Notice
of Claims for Copyright Infringement |
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To
file a notice claiming that your copyrighted work has been infringed,
you must send a written communication by email. Please note
that you will be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that material or activity
is infringing your copyrights.
Please provide us with the following information: |
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A description of the copyrighted work that you claim
has been infringed;
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A
description of where the material that you claim
is infringing is located on our website, with enough
detail that we may find it on the website;
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Your address, telephone number, and email address;
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Include the following statement: "I have a
good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law."
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Include the following statement: "I swear,
under penalty of perjury, that the information in
this notification is accurate and that I am the
copyright owner or am authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed."
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The electronic signature of the person authorized
to act on behalf of the copyright owner of the work
that is allegedly infringed.
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| Trademarks |
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The
trademarks, online logomarks and service marks ("the Trademarks")
displayed on the Site, including Westchester Town Center Business
Improvement District and WTC are registered and/or unregistered
Trademarks of the Westchester Town Center Business Improvement
District. The Trademarks of third parties may also be displayed
on the site. Nothing contained in this Site should be construed
as granting, by implication, any right or license to use any
Trademark displayed on the Site without written permission of
Westchester Town Center Business Improvement District or any
third party owner of the Trademark displayed on the Site. Your
misuse of the Trademarks displayed on the Site, including alteration
or use out of context, is strictly prohibited. |
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| Content
Provided by Users |
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Although
the Westchester Town Center Business Improvement District may
from time to time monitor postings and the like on the Site,
the Westchester Town Center Business Improvement District is
under no obligation to do so and assumes no responsibility or
liability arising from the content of any such locations nor
for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy contained
in any information within such locations on the Site. Users
are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law.
Westchester Town Center Business Improvement District will fully
cooperate with any law enforcement authorities or court order
requesting or directing the Westchester Town Center Business
Improvement District to disclose the identity of anyone posting
any such information or materials. |
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| Security |
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This
site has security measures in place to protect the loss, misuse
and alteration of the information under our control. However,
your confidential use of this site cannot be guaranteed by the
Westchester Town Center Business Improvement District. The Westchester
Town Center Business Improvement District shall not be responsible
for any harm that you or any person may suffer as the result
of a breach of confidentiality with respect to information you
transmitted to the site. |
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| Account
Registration and Security |
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You
may need to create an account to access some features or areas
of this site. When creating your account, you must provide accurate
and complete information. You are solely responsible for any
and all uses of your account, and you must keep your password
secure. You may never use the account of another user. You must
notify the Westchester Town Center Business Improvement District
immediately if you suspect any unauthorized use of your account.
Although the Westchester Town Center Business Improvement District
will not be liable for any unauthorized use of your account,
you may be liable for the losses of Westchester Town Center
Business Improvement District or others due to such unauthorized
use. |
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| Outside
Links |
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The
Westchester Town Center Business Improvement District has not
reviewed all of the sites linked to this site and is not responsible
for the privacy practices or the content of any off-site pages
or any other sites linked to this site, whether or not they
are affiliated with the Westchester Town Center Business Improvement
District. Such linked sites are for your convenience only and
you access them at your own risk. The Westchester Town Center
Business Improvement District makes no representations or warranties
as to the accuracy or functioning of any such link. That another
web site is linked to our site does not constitute endorsement
by the Westchester Town Center Business Improvement District
of the owner of the other site, the content of its site, or
its products or services. |
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| Warranty
Disclaimer and Limitation of Liability |
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CONTENT ON THIS SITE IS PROVIDED SOLELY FOR INFORMATIONAL AND
PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS
AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES
OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE. THE OPMD DOES NOT WARRANT THAT USE OF THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE
FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT
YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER
HARMFUL CODE. THE OPMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT
AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING
ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL THE WESTCHESTER TOWN CENTER BUSINESS IMPROVEMENT
DISTRICT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OPMD
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND
YOUR USE OF THIS SITE. |
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Indemnity |
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You agree to defend, indemnify and hold harmless the Westchester
Town Center Business Improvement District, its officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
(i) your use of and access to this site; (ii) your violation
of any term of these Terms & Conditions; or (iii) your violation
of any third party right, including without limitation any copyright,
property, or privacy right. This defense and indemnification
obligation will survive these Terms & Conditions and your
use of this site. |
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