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MHVillages.com - Information on Terms of Use
Updated: Saturday, February 21, 2004 - 4:00 p.m. Pacific Time
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ACCEPTANCE OF TERMS.
The services that MHVillages.com provides to you are subject to the following
Terms of Use ("TOU"). MHVillages.com reserves the right to update
the TOU at any time without notice to you. The most current version
of the TOU can be reviewed by clicking on the "Terms of Use" hypertext
link located at the bottom of our Web pages.
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DESCRIPTION OF SERVICES.
Through its network of Web properties, MHVillages.com provides
you with access to a variety of resources, including a community
calendar, public forum, housing information, business information
and other information related to Wicklund Village, Mountain House
CA.
The Services are subject to the
TOU. This page is not affiliated by, or endorsed by Lennar, Pulte
Homes or Trimark Communities, LLC or any of their affiliates or
subsidiaries. It is strictly an informational resources intended
for use by residents, homeowners and those looking to get information
on the community. Any request for official information should be
directed to Trimark Communities, LLC or the Mountain House Community
Services District.
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PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products
or services obtained from the Services.
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PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
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NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as newsletters, press releases,
housing information and FAQ's) from the Services is granted, provided
that (1) the below copyright notice appears in all copies and that
both
the copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of
any Documents are made. Accredited educational institutions, such
as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express
written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout
of the MHVillages.com.com Web site or any other MHVillages.com owned, operated,
licensed or controlled site. Elements of MHVillages.com Web sites are
protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No
logo, graphic, sound or image from any MHVillages.com Web site may be
copied or retransmitted unless expressly permitted by MHVillages.com.
MHVillages.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. MHVillages.com AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL MHVillages.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MHVillages.com AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
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NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS WEB SITE.
IN NO EVENT SHALL MHVillages.com AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
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MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to notify MHVillages.com immediately of any unauthorized use of your
account or any other breach of security. MHVillages.com will not be
liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by MHVillages.com
or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the
permission of the account holder.
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NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
MHVillages.com server, or the network(s) connected to any MHVillages.com
server, or interfere with any other party's use and enjoyment of
any Services. You may not attempt to gain unauthorized access to
any Services, other accounts, computer systems or networks connected
to any MHVillages.com server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally
made available through the Services.
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USE OF SERVICES
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not: • Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
•
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
•
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
•
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consent to do the same.
•
Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
•
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property
of another.
•
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
•
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
•
Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
•
Restrict or inhibit any other user from using and enjoying the
Communication Services.
•
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
•
Harvest or otherwise collect information about others, including
e-mail addresses.
•
Violate any applicable laws or regulations.
•
Create a false identity for the purpose of misleading others.
•
Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Services
or other user or usage information or any portion thereof.
MHVillages.com has no obligation to monitor the Forum.
However, MHVillages.com reserves the right to review materials
posted to the Forum and to remove any materials
in
its sole discretion. MHVillages.com reserves the right to
terminate your access to any or all of the Forum
MHVillages.com reserves the right at all times to disclose any information
as MHVillages.com deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in MHVillages.com's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. MHVillages.com does not control or endorse the content, messages
or information found in any Communication Services and, therefore,
MHVillages.com specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Services. Managers and hosts are not authorized
MHVillages.com spokespersons, and their views do not necessarily reflect
those of MHVillages.com.
Materials uploaded to the Forum may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
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MATERIALS PROVIDED TO MHVillages.com OR POSTED AT ANY MHVillages.com WEB
SITE.
MHVillages.com does not claim ownership of the materials you
provide to MHVillages.com (including feedback and suggestions)
or post, upload,
input or submit to any Services or its associated services for
review by the general public, or by the members of any public or
private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting MHVillages.com,
its affiliated companies and necessary sublicenses permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all MHVillages.com
Services), including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. MHVillages.com is under no obligation to post or
use any Submission you may provide and MHVillages.com may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner
of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these Terms of
Use and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and
(c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By
Posting Images, you are granting (a) to all members of your private
community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted
by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items
which include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached
to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such Images
prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
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NOTICES 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 Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
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LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE MHVillages.com'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF MHVillages.com AND MHVillages.com
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
MHVillages.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. MHVillages.com IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY MHVillages.com OF THE SITE.
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UNSOLICITED IDEA SUBMISSION POLICY.
MHVillages.com OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
MHVillages.com'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO MHVillages.com. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO MHVillages.com OR ANYONE AT MHVillages.com. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT MHVillages.com MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
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COPYRIGHT NOTICE.
Copyright © 2004 MHVillages.com, Shane C. Nielson and Jeff
Lamb.
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Any rights not expressly granted herein are reserved.
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