Privacy Policy
LAMERCIE PARK does not collect or maintain user information
about visitors, other than eMail addresses of parties
corresponding with THE PARK. We do not sell or lease THE PARK
mailing list(s), nor do we make any information about our
visitors available to any parties. Weblog and message board
posts are public areas. If you include your eMail and web
address in your post, it will be made public when you publish to
this site.
By accessing this site, you agree to the following TERMS OF USE:
Terms Of Use
LamerciePark.Com is a NON-COMMERCIAL website. The Park is serious about protecting the
rights of the copyright owners of the work(s) represented here,
and no statement(s) or work(s) hosted here are intended to
minimize or in any way interfere with the rights in an to these
works. Visiting this site means you have read and accept these
terms. If you disagree with any of these terms, do not access or
use this site.
1. LAMERCIE PARK ("THE PARK") maintains this site (the
"Site") for NON-COMMERCIAL and PROMOTIONAL PURPOSES ONLY. THE
PARK does not
derive any profits from this site, nor is access restricted or
fees assessed. This site is for editorial, journalistic and
entertainment purposes only. Your access to and use of the Site
are subject to the following terms (the "Terms") and all
applicable laws and regulations. Please note that the Terms may
be periodically updated and modified, so please be sure to
recheck them. By accessing and using the Site, you accept,
without limitation or qualification, the present Terms. You also
agree to so accept future updates and modifications of the
Terms.
2. In the case of text, you may download one copy of material
displayed on the Site for non-commercial, personal use provided
that you also retain all copyright and other proprietary notices
contained on the materials. You may not, however, recopy,
distribute, publicly display, modify, transmit, reuse, repost,
or use for public or commercial purposes any of the contents of
the Site, such as text, images, audio, and video, without THE
PARK's
prior written permission. In the event that third parties obtain
access to materials that you have downloaded, it is your
responsibility to inform them of these Terms.
3. You should assume, unless otherwise specifically noted, that
everything you see or hear on the Site, and any files or
programming related to the Site, are protected by proprietary
rights, such as copyright, trademark, rights of publicity, etc.
Absence of a specific notice of proprietary rights, such as a
copyright notice, does not necessarily mean that the item is in
the public domain. Unauthorized copying or use of items from the
Site can lead to enforcement actions by the holders of
proprietary rights, severe penalties, and, in some instances,
criminal actions. Please be careful and considerate of
proprietary rights
4. Many of the images used on The Site are used in compliance
with Section 107 of the United States Penal Code: Limitations On
Exclusive Rights: Fair Use. The use of these images is for
editorial purposes only, and all rights to these images are the
respective property of their copyright owners. THE PARK in no way
challenges the rights of the respective copyright owners and
will remove or modify any image or copyright notice thereof at
the request of a verifiable agent of the copyright owner.
THE PARK
will make every reasonable attempt to present proper
notification of copyright and trademark ownership, and where
appropriate, provide links to and/or promotional added value to
the copyright owner and/or site of origin. THE PARK will never use
private works without permission, and will make every attempt to
gain the written permission of private works before adding them
to The Site:
Sec. 107. - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors
5. The opinions expressed on this site should be considered as
the subjective opinion or viewpoint of the contributor. THE PARK and
its personnel make no warranties or representations as to the
accuracy or completeness of the information or items in or
related to the Site. THE PARK and its personnel assume no liability
or responsibility for any errors or omissions in the content of
the Site. The information in the Site may be out of date, and
THE PARK makes no commitment to update such information. Text and
other items available on the Site may also be subject to
additional disclaimers and conditions.
6. Your access to and use of the Site are at your risk. Under no
circumstances, including but not limited to negligence, shall
THE PARK and any other parties involved in creating, producing, or
delivering the Site be liable for any damages whatsoever
(including, without limitation, any direct, incidental,
consequential, indirect, or punitive damages) arising out of or
related to your access to, use of, or inability to access or use
the Site, or other locations accessible through the Site, even
if THE PARK or a PARK authorized representative has been advised of
the possibility of such damages. Without limiting the foregoing,
everything on the Site is provided to you "as is" without
warranty of any kind, either expressed or implied, including,
but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, title or non-infringement
THE PARK and any other parties involved in creating, producing,
or delivering the Site also assume no responsibility for, and
shall not be liable for, any damages to or interference with
equipment, programs, files, or other property (for example, from
viruses) whether such damages are related to access or use of
the Site or other locations accessible through the Site. Your
sole remedy for dissatisfaction with or damage sustained in
connection with the Site is to stop using the Site. Your
permission to use the Site may automatically terminate without
notice at THE PARK's sole discretion. Please note that some
jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the
exclusion of implied warranties.
7. Any communication or items you transmit to the Site by
electronic mail or otherwise, including any data, questions,
comments, suggestions, etc. is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or
post may be used by THE PARK without any obligation to you or any
other party, for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication,
distribution, broadcast and posting. To the extent waivable, you
waive any so-called "moral rights" or droit morale in
communications or items that you transmit to the Site.
8. Nothing contained on the Site should be construed as
granting, by implication, estoppel, or otherwise, any license or
right to use any trademark, service mark, trade dress, or logo
displayed on or associated with the Site. THE PARK is not necessarily
affiliated with sites that may be linked to this Site and is not
responsible for the content of any linked sites or any link
contained in a linked site or any changes or updates to such
sites (collectively, "Linked Sites").
9. THE PARK has no control over Linked Sites and cannot endorse or
make any representations regarding any Linked Sites. Your
linking to any Linked Sites is at your own risk.
10. Users of this Site 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 applicable law or
regulation.
11. For the protection of Site users and the Site, THE PARK will
fully cooperate with any law enforcement authorities or court
order requesting or directing THE PARK to disclose the identity of
anyone allegedly posting any such information or materials. You
agree to indemnify THE PARK and all other parties involved in
creating, producing, or delivering the Site for any and all
claims, damages, losses, and causes of action arising out of
your failure to comply with these Terms. While THE PARK does not and
cannot review every communication from or submission by users of
the Site, and is not responsible for the content of those
communications and submissions, THE PARK reserves the right, in its
sole discretion, to delete or edit such communications or
submissions.
12. Certain non-personal information of visitors is recorded by
the standard operation of the Site. This information is
primarily used to determine the frequency and nature of the uses
of this Site and its features. By having this information, we
can provide better and continued service.
14. The Site is controlled and operated by THE PARK from its living
room within the State of Colorado, United States of America.
THE PARK
makes no representation that materials in the Site are
appropriate for use in other locations. Those who choose to
access the Site from other locations do so at their own risk and
are responsible for compliance with any and all local laws, if
and to the extent local laws are applicable. No item from the
Site may be downloaded or exported or reexported into (or to a
national or resident of) any countries that are subject to U.S.
export restrictions on such item.
15. This agreement is entered into in the State of Colorado and
shall be governed by and construed in accordance with the laws
of the State of Colorado, without giving effect to any
principles of conflicts of law. You hereby consent and submit to
the personal jurisdiction of the state and federal courts
located in El Paso County, Colorado, for the purposes of
litigating any action at law or in equity arising out of or
relating to these Terms and agree not to commence any such
action against THE PARK other than in such courts.
16. If any of the provisions of this agreement are held by a
court or a tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary so that this agreement shall
otherwise remain in full force and effect. This agreement
constitutes the entire agreement between the parties hereto
relating to the subject matter herein.
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