Nashville & Middle Tennessee (TN) Information : TermsofUse

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Terms of Use

 

Introduction

Welcome to the Internet site Civic Scope. It is a site of and for the community. Its purpose is to create a digital encyclopedia of information about the community. Civic Scope encourages users to provide information on various subjects and topics particular, relevant and important to the community, and encourages organizations and businesses to provide information on what they offer to the community. This information can be text, photographs, videos, sounds, graphs, locations, directions, etc. All is to be done in good taste, accurately without offense to others. There are two groups placing information on Civic Scope:

1) Contributors and 2) Organizations and Businesses

Contributors 

Registered users are encouraged to provide information into the main text of Civic Scope for subjects on which they are knowledgeable. There is no charge to a contributor putting information on Civic Scope.

Organizations and Businesses

Businesses with a license (such as a business license or medical license), non-profit groups and established organizations of all types are permitted to set up their own Web page on Civic Scope in the designated area called organization pages. Businesses, non-profits and established organizations may post information about themselves on these pages. Other registered users on Civic Scope will not be permitted to post information on these pages unless allowed by the organization. Civic Scope is not under any obligation to allow any organization or business to post a page or to maintain its posting. If you are not sure contact Civic Scope for clarification. There is no charge to an organization or business for one Web page and Civic Scope is not currently charging for multiple pages.

Acceptance of Terms

Civic Scope provides a collection of online resources (henceforth called Service) including descriptions, locations, ads, photos, videos, sounds and forums that are subject to the Terms of Use (TOU). When using these resources in any way, you are agreeing to comply with the TOU. Additionally, when using any Civic Scope services, you agree to abide by any applicable posted guidelines, which may change.

Modifications to this Agreement

We reserve the right to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon posting.

Content

It should be understood that all postings, text, messages, files, images, drawings, photos, video, sounds or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person or persons from whom such content originated. Specifically, you are entirely responsible for each individual item of content that you post, email, or otherwise make available via the Service. You understand that Civic Scope does not control and is not responsible for content made available through the Service and that by using the Service you may be exposed to content that is offensive, indecent, inaccurate, misleading, have multiple interpretations or otherwise objectionable. Furthermore, the Civic Scope site and content available through the Services may contain links and connections to other Web sites, which are completely independent of Civic Scope. Civic Scope makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the independent site. Linking to any other Web sites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, that you may not rely on said content and that under no circumstances will Civic Scope be liable in any way for any loss or damage of any kind incurred as a result of the use of any content posted, emailed of other wise made available via the Service. You acknowledge that Civic Scope shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any content that is available via the Service, for any reason.

Advertising

Civic Scope reserves the right to post advertising on any page on the site at its sole discretion.

 

Third Party Content, Sites and Services

The Civic Scope site and content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Civic Scope, including Web sites, directories, servers, networks, systems, information and databases, appilications, software, programs, products or services and the Internet as a whole.

Your interactions with organizations and individuals found on or through the Service, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and individuals.

You agree that Civic Scope shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings. If there is a dispute between participants on the site or between users of any third party, you understand and agree that Civic Scope is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Civic Scope, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed arising out of or in any way related to such disputes and services in any and all jurisdictions.

Notification of Claims or Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or you intellectual property right have been otherwise violated, please notify Civic Scope’s agent at Civic Scope.

Identify the material on the Civic Scope site that you claim is infringing with enough detail so that it may be located. See Copyright Policy section on Civic Scope.

Conduct

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the  sale or rental of any dwelling, a discriminatory preference based on race,  color, national origin, religion, sex, familial status or handicap (or  violates any state or local law prohibiting discrimination on the basis of  these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a

Civic Scope employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, misinforms, or constitutes "bait and switch"; 

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited  commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Civic Scope sites which are not designated for such  purposes; or emailed to Civic Scope users who have not indicated in writing that  it is ok to contact them about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in Services;

n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.

o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

p) that disrupts the normal flow of dialogue with an excessive amount of

Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Civic Scope;

v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

 x) attempt to gain unauthorized access to Civic Scope computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Civi Scope website; or

y) use any form of automated device or computer program that enables the submission of postings on Civic Scope without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

Posting Agents

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the Service on behalf of others. To moderate demands on Civic Scope's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Civic Scope.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting content on behalf of others, except with express permission or license from Civic Scope

No-spam policy

You understand and agree that sending unsolicited email advertisements to Civic Scope email addresses or through Civic Scope computer systems, which is expressly prohibited by these TOU.  Any unauthorized use of Civic Scope computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

Paid Posting

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. You will be informed before any fee is charged.

Limitations On Service

You acknowledge that Civic Scope may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Civic Scope has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Civic Scope reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Civic Scope shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access To The Service

Civic Scope grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:

(a) access to the Service by Posting Agents; or (b) any collection, aggregation, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Civic Scope.

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots txt file.

Civic Scope permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Civi Scope to do so.  You may also create a hyperlink to the home page of Civic Scope sites so long as the link does not portray Civic Scope, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.

Civic Scope offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Civic Scope permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Civic Scope' as the source, (d) your use or display does not suggest that Civic Scope promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden

Civic Scope's systems. Civic Scope reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Civic Scope immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Civic Scope.

Termination Of Sevice

You agree that Civic Scope, at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Civic Scope believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Civic Scope shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Civic Scope. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Civic Scope, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. 

Although Civic Scope does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Civic Scope an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Civic Scope all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Disclaimer of Warranties

You agree that use of the Civic Scope site and the service is entirely at your own risk. The Civic Scope site and the Service are provided on “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law. To the fullest extent permitted by law, Civic Scope disclaims any warranties for thje security, reliability, timeliness, accuracy and performance of the Civic Scope site and the service to the fullest extent permitted by law, Civic Scope disclaims any warranties for other services or goods received through of advertised on the Civic Scope site or the sites or services or accessed through any links on the Civic Scope site. To the fullest extent permitted by law, civicScope disclaims any warranties for viruses of other harmful components in connection with the Civic Scope site or the Service.

Limitations of liability

Under no circumstances shall Civic Scope be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Civic Scope has been advised of such damages), resulting from any aspect of your use of the Civic Scope site or the Service, Whether the damages arise from use or misuse of the Civic Scope site or Service, from the inability to use or misuse the Civic Scope site or the Service, or the interruption, suspension, modification, alteration, or termination of the Civic Scope site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received throught of advertised in connection with the Civic Scope site or Service or an links on the Civic Scope site, as well as by reason of any information or advice received through or advertised in connection with the Civic Scope site or the Service or any links on the Civic Scope site. These limitations shall apply to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold Civic Scope, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General Information

The TOU constitute the entire agreement between you and Civic Scope and governs your use of the Service, superseding any prior agreements between you and Civic Scope. The TOU and the relationship between you and Civic Scope shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and Civic Scope agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nashville, Tennessee. The failure of Civic Scope to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation Of Terms And Liquidated Damages

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: info@civicscope.com.

Civic Scopes failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Civic Scope to pursue legal action to enforce the TOU, you will be liable to pay Civic Scope the following amounts as liquidated damages, which you accept as reasonable estimates of Civic Scope's damages for the specified breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Civic Scope one thousand one hundred dollars ($1,100) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If Civic Scope establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Civic Scope one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Civic Scope in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Civic Scope email addresses or through Civic Scope computer systems, you agree to pay Civic Scope thirty five dollars ($35) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay Civic Scope one hundred twenty dollars ($120) for each Item of Content posted.  In its sole discretion, Civic Scope may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Civic Scope one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Civic Scope an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

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