Terms and Conditions

Terms and Conditions

1. ACCEPTANCE OF TERMS OF USE. By using a TownCommons.com ("Company") service or by creating a login, or by storing or posting content, you are entering into a contract with Company per the following Terms of Use. Failure to comply will result in account termination and other consequences as described in this Terms of Use.
2. MINIMUM AGE. Users must be thirteen (13) years of age or older to sign up for a login.
3. LOGIN NAME, PASSWORD, AND SECURITY. Users create an account by registering, which includes designating a login name and password. Users are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under that password. Users agree to immediately notify Company of any unauthorized use of their passwords or accounts, or any other breach of security. [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ] Company is not liable for any loss or damage arising from users' failure to comply with this section.
4. DISCLAIMER OF WARRANTY. Company disclaims all warranties or representations, express or implied, oral or written, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not guarantee that its services are error-free, that they will operate without interruption, or that they will be continued ad infinitum. Company does not guarantee that content will not be lost, deleted, or damaged. Also each party to this Terms of Use acknowledges that it has not relied upon any warranty, condition, guarantee or representation made by the other except as specifically set forth in these Terms of Use.
5. LIMITATION OF LIABILITY. Company is an Internet Service Provider that enables its users to create and/or publish content in the form of submissions to wikis, posts, messages, reviews, links, emails, calendar events, uploaded files, and images. It does not pre-screen posted content or Resources. Users should not rely on the authenticity or accuracy of the content posted, Company does not endorse the content, nor does it make any claim as to the reliability, accuracy, or legitimacy of the content that passes through or is stored on its systems.
6. NATURE OF CONTENT. Users who create posts bear any and all risk of reliance on the accuracy, validity or legitimacy of content they post or permit to be posted. Company disclaims responsibility for any consequences that may arise from reading or using content posted on the site, as they are the exclusive responsibility of the users who posted the content. Users may be held legally accountable for material they post or permit to be posted that violates copyright, trademark, patent, or trade secret law, in addition to various theories of tort. Users are also responsible for ensuring that their content complies with these Terms of Use.
7. PRIVACY POLICY. Registration Data and certain other information about Users are subject to the TownCommons.com Privacy Policy.
8. INDEMNIFICATION. Users of site agree to indemnify and hold Company and its subsidiaries, affiliates, and employees harmless from any demand made by anyone due to the content they post or permit to be posted on the site, regardless of whether that content violates Company’s Terms of Use.
9. PROHIBITED CONTENT. It is Company’s function to operate as an Internet Service Provider, facilitating the free exchange of ideas, opinions, and information. However, Company reserves the right to remove any such content or Resource from the Company services at any time and at its sole discretion. It also within Companies’ sole discretion to revoke a user's login/account for violation of the Prohibited Content guidelines, for any other reason, or for no reason at all. Company prohibits content or links to content that contain(s):
   1. Nudity, sex, pornography, and/or excessive profanity.
   2. Adult services. Site may not be used to promote, store, or display information or data pertaining to or about escort services or paid companionship services of any sort.
   3. Material that violates or solicits the violation of any applicable local, state, national or international law.
   4. Viruses, hacking or other harmful computer software programs.
   5. Unauthorized use or distribution of copyrighted material(s).
   6. Warez boards, CD-keys, serial numbers, and similar information.
   7. Mail fraud and pyramid schemes.
   8. Hatred and racism of any kind.
   9. Illegal gambling.
   10. Any other material that may be deemed by Company to be libelous or offensive to another individual or organization. In most instances, however, Company will require more than an unverified email or Support Forum post to substantiate such an allegation.
   11. Information that infringes upon privacy rights, such as specific addresses, phone numbers, Social Security numbers, or credit card numbers.
   12. Any content that is in violation of the terms provided by Companies’ own Internet Service Provider.
10. SPAMMING NOT PERMITTED. Site may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Site may not be referenced in or linked to any unsolicited commercial messages distributed via e-mail, newsgroups or facsimile. Violation of this policy will result in immediate account termination without further warning, barring the offender from future use of the service. Company will also report the violation to the email providers and other Internet Service Providers known or believed to be used by the offender.
11. ENFORCEMENT OF RULES/TERMS OF USE. Company has the right to access any area of site and may, delete, or restrict access to any posted content or Resource at its sole discretion and to enforce its Terms of Use. Company is not required to explain why any login or Resource was, restricted, or deleted.
12. RIGHTS TO POSTED CONTENT. Company may disclose any post or Resource to: 1) fulfill what is required by law or is needed to comply with legal processes; 2) to prove a violation to its Terms of Use; or 3) to protect the rights (including copyrights), property, or personal safety of anyone. Any content posted or uploaded to the site may be published by Company. The contents of User-generated portions of the site are covered by the CC-BY-SA license. When posting, the poster gives up their right of rescission. Unless otherwise stated above, the copyrights of the post belongs to the poster, and the poster retains sole responsibility for what it posts.
13. HARASSMENT OF USERS. Users who post false, misleading, or obscene material on a wiki for the purpose of driving users to another site or for the purpose of getting a competing site shut down will be subject to the immediate termination of their login. They are also subject to prosecution under applicable laws, and should be aware that Company may cooperate with any criminal or civil action that is instigated as result.
14. ADVERTISING PROHIBITED. Users may not place any advertising on the site, which ability is reserved to Company.
15. DEALINGS WITH ADVERTISERS. Users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Company, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and the advertiser. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Company.
16. USER EMAIL NOTIFICATIONS. By signing up for a login, users agree to subscribe to the Newsletter that notifies users of recent changes to and may also advise users on how to more efficiently use the service. It may also contain information pertaining to new services. Given the rigid junk email filters imposed by email services and other variables inherent with electronic communication, Company makes no warranty that the emails it sends are actually received by the intended recipients.
17. GOVERNING LAW/LIMITATIONS ON CAUSES OF ACTION. This Terms of Use shall be deemed to have been made in the state of Nebraska, United States of America. Its validity, construction, interpretation, and enforcement and the rights of all parties hereto shall be determined under, governed by, and construed in accordance with the laws of the state of Nebraska without regard to conflict of interest laws. By accepting these Terms of Use, all users agree to submit to personal and exclusive jurisdiction of the courts located within the county of Douglas, State of Nebraska, United States of America and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Company or its Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
18. MODIFICATION OF TERMS OF USE. Company reserves the right to amend these Terms of Use at any time by amending the provisions on the Terms of Use page of this site. All amendments shall be effective immediately after they are initially posted. A user's continued use of the site following the modifications constitutes binding acceptance of those modifications.
19. TERMS OF USE EXCLUDES ALL OTHER AGREEMENTS. The Terms of Use constitutes the entire agreement between users and Company and supersedes all prior agreements and understandings between you and the Company. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as an agreement between users and an Internet Service Provider, and the remainder of the of the provisions shall remain in full force and effect. The Terms of Use may only be amended or modified for any individual or group of users in a written agreement signed by an officer of Company that specifically states it takes precedence over the Terms of Use.
20. REPORTING VIOLATIONS OF COMPANY’S TERMS OF USE. Users should report any violations of Company’s Terms of Use to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If the violation pertains to a specific post, it is helpful for the user to provide a link to that post with a brief description as to why it violates the Terms of Use.