Terms of Use

Terms of Use

TownCal and its affiliates (collectively, “TownCal”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) and related services exclusively under the following Terms of Use and all applicable laws.

By using this site or related services you agree to be legally bound by these terms of use and TownCal’s Privacy Policy. If you do not agree to these terms, you must immediately terminate use of this Site.

  1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to TownCal. In addition, the names, images, pictures, logos and icons identifying TownCal’S products and services are proprietary marks of TownCal and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of TownCal.

  1. LINKS TO THIRD PARTY SITES

2.1 TownCal may provide links to third party web sites for your convenience. TownCal does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by TownCal.

  1. DISCLAIMERS

3.1 THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TOWNCAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3.2 TownCal disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

  1. LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means TownCal, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

  1. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This Site may contain references or cross references to TownCal’S products and services that are not available in every country.

  1. GOVERNING LAW AND JURISDICTION; LIMITATIONS ON CLAIMS

All matters relating to the Site and these Terms of Use and any dispute or claim related to either (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Portsmouth and County of Scioto although TownCal retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. CHANGES TO SITE AND THESE TERMS AND CONDITIONS

This Site and these Terms of Use may be changed by TownCal and the changes will be effective when they are posted to the Site. Please review this Site periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods on this Site. Continued use of this Site following any change constitutes your acceptance of the change.

  1. ENTIRE AGREEMENT; SEVERABILITY

These Terms of Use incorporate by reference the Privacy Policy and other notices contained on this Site and collectively constitute the entire agreement with respect to your access to and use of this Site and Services. If any provision is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

  1. ELECTRONIC COMMUNICATIONS

When you use our Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any communication or other information sent to TownCal via e-mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by TownCal for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to TownCal.

  1. LINKS TO TOWNCAL’S WEB PAGES

10.1 TownCal permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give TownCal notice of all such links by sending an e-mail to this e-mail address is being protected from spam-bots. You need JavaScript enabled to view it, and (d) you discontinue providing links to this Site if notified by TownCal.

10.2 When linking to this Site you may use one or more TownCal’S logos as a link anchor. To ensure proper usage of TownCal’s logos, we’ve presented them here. These logos are trademarks of TownCal and TownCal retains all rights in them. TownCal grants you a limited license to use these logos solely for linking to TownCal web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, TownCal does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.

  1. FEES, TERMS OF SALE, USER SUBMISSIONS

11.1 By submitting a listing, you authorize TownCal to charge your PayPal account or invoice you via Paypal for the appropriate listing fees. Unless noted, fees are in US dollars; tax is additional.

11.2 To the extent permitted by law, fees are nonrefundable, even for listings we remove. We may refuse purchases, which may place a hold on your account. Listing fees will be charged or invoiced at the beginning of the calendar month for all listings made in the prior calendar month.

11.3 TownCal permits users to submit listings for community events. While we review submissions before publishing, TownCal does not guarantee the accuracy, completeness, or veracity of any submissions to the Site. If a listing is redundant, improperly listed, inappropriate, or contains any other issues, please contact us at Matt@TownCal.org by email with a link to the listing along with a description of any issue(s) with the listing. TownCal retains the right to take any or no action regarding the listing and is not obligated to respond.

BY SUBMITTING A LISTING, YOU AGREE TO ABIDE BY THE SAME CONTENT RESTRICTIONS AS LISTED BELOW IN §12.

  1. MESSAGE BOARDS, BLOGS, & SHARING

12.1 TownCal may, now or in the future, allow users to post, upload transmit through, or otherwise make available on the Site (collectively, “submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). TownCal is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. TownCal does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will TownCal be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.

  • You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.
  • You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
  • User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. TownCal has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
  • By submitting User Content, you automatically grant TownCal a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as TownCal deems appropriate including, but not limited to, in connection with TownCal, its subsidiaries, affiliates, or business.

TownCal has the right, but not the obligation, to monitor User Content. TownCal reserves the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.

12.2 DMCA Notice. TownCal asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In TownCal’s sole discretion, TownCal may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, TownCal has adopted a policy of terminating, in appropriate circumstances and at TownCal’s sole discretion, users who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

(i)        a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii)       a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii)      a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);

(iv)      your full name, address, telephone number, and e-mail address;

(v)       a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi)      a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii)     your electronic or physical signature.

TownCal will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

By Mail:           ATTN: DMCA, 613 Chillicothe St., Ste. 333, Portsmouth, OH 45662

By E-Mail:       Matt@TownCal.org

It is often difficult to determine if your copyright has been infringed. TownCal may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and TownCal may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting TownCal’s other rights, TownCal may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by TownCal.

  1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Effective: January 7, 2016

Last Updated: January 7, 2016