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Website Terms of Use

The following website Terms and Conditions of Use (the “Terms of Use” or a.k.a. “Terms and Conditions”), the Privacy Policy for http://www.dmcityview.com (the “Privacy Policy”) and all other supplementary documentation in connection therewith govern your use of this website, and any content made available from or through this website, located at http://www.dmcityview.com, including any subdomains thereof (the “website”). The website is made available by Big Green Umbrella Media (“Cityview” or “The newspaper” or “we” or “us”). We may change the Terms of use from time to time, at any time without notice to you, by posting such changes on the website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the website.

  1. Proprietary Rights. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the website, all the content, code, data and materials thereon, the look and feel, design and organization of the website, and the compilation of the content, code, data and materials on the website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and, in the event that we do not own such content, data and materials. Your use of the website does not grant to you ownership of any content, code, data or materials you may access on or through the website.
  1. Limited License. You may access and view the content on the website on your computer or other device, and make single copies or prints of the content on the website at your own risk and for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the website in general. Use of the website and the services offered on or through the website, are only for your personal, non-commercial use. You may not use the website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
  1. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the website, or any content, code, data or materials on the website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Cityview or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the website. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices. If you make other use of the website, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).
  1. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the website or on content available through the website are registered and unregistered Trademarks of ours and others and may only be used in accordance with Section 2 above, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the website or on or through the website’s services, if any, are the property of their respective owners. Nothing contained on the website grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without our written permission or that of the third party rights holder.
  1. Prohibited User Conduct. You warrant and agree that, while using the website and the various services and features offered on or through the website (including, for example and without limitation, blogs, Podcasts, RSS feeds, video players, photo galleries, chat rooms and other public or open forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Cityview or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the website’s content, materials or services (for example, without limitation, in an RSS feed or a Podcast received from Cityview or otherwise through the website), or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website. You also shall not and, by your use of the website, represent and warrant that you are not:
  • engaging in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from Cityview, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website;
  • obtaining or attempting to obtain unauthorized access to computer systems, materials or information through any means;
  • using the website or the website’s services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the website (for example, without limitation, in any Podcast, photograph or text);
  • using the website or the website’s services or features in violation of Cityview or any third party’s intellectual property or other proprietary, privacy or legal rights;
  • using the website or the website’s services in violation of any applicable law;
  • attempting (or encouraging or supporting anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof;
  • using the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website or any of its services; or
  • obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the website.
  1. Right to Monitor and Editorial Control. Cityview reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the website or through the website’s services or features by users, and is not responsible for any such materials posted by users. Cityview is not responsible for any failure to monitor, review and/or delete any materials posted to the website or through the website’s services or features by users. However, Cityview reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in the discretion of the Cityview, are objectionable or in violation of these Terms and Conditions, the policies of Cityview or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.
  1. Transactions or Relationships Formed Between Users on the website. Some materials or information accessible in certain areas of the website may be provided by other users and not by Cityview (including, for example and without limitation, information provided by individual property owners and real estate brokers, advertisements for third party or user-provided products or services, and submissions to blogs, photo galleries, message boards, chat discussions, review and ratings forums and other public forums available on or through the website). From time to time, there may be opportunities on or through the website for you to purchase certain products and/or services directly from such third parties (and in many cases, other users) who have advertised such products or services on the website. Cityview assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any such user-provided content on the website does not imply endorsement or sponsorship by Cityview. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of the website. Any purchases that you make from such third parties or users who have advertised on or through the website are made at your own risk. You acknowledge and agree that Cityview has no responsibility or liability for such purchases and/or transactions.
  1. Linking to the website. You agree that if you include a link from any other website to the website, such link shall link to the full version of an HTML formatted page of this website. You are not permitted to link directly to any image hosted on the website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to this website in any manner such that the website, or any page of the website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the website be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the website from any other website at any time upon written notice to you.
  1. Indemnification. By submitting or posting any User Information, photograph, video, and/or Submitted Materials or by using the website you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph, video, and/or Submitted Materials, or you engage in any prohibited conduct, as described below, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Cityview, its affiliates and Representatives and each of their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms and Conditions, arising in any way from your use of the website, your placement or transmission of any message, content, information, software or other materials on or through the website, or your breach or violation of the law or of these Terms and Conditions. Cityview reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with the newspaper’s defense of such claim and to reimburse Cityview for the reasonable costs and expenses thereof.
  1. Orders for Products and Services. We may make certain products available to visitors and registrants of the website. You may only order products if you are 18 years of age or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Cityview. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the website may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
  1. Third Party websites. You may be able to link from the website to third party websites that take you outside of our service and third party websites may link to the website (“Linked Sites”). For example, if you click on a banner advertisement or a search result, the click may take you off the website. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Cityview has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you leave our website by any means, including, but not limited to, when you click on a link that leaves the website, the site you will land on is not controlled by us and different terms of use and privacy policies apply. We reserve the right to disable links from third-party sites to the website, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Also, Cityview is not responsible for any form of transmission received from any linked website.
  1. Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others, and require that the people who use the website, or the services or features made available thereon, do the same. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below. To be effective, the notification must be a written communication that includes the following:
  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users that we have received a notice of infringement by means of a general notice on the website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of United States of America, for the judicial district in which the newspaper’s offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Copyright Agent:

Business Manager, Cityview

Visit our “Contact” page to submit information to the Cityview Copyright Agent via the form, or by faxing or emailing to the newspaper’s fax or email addresses posted on that page.

  1. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CITYVIEW ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, VIDEO CONTENT, AUDIO CONTENT, OR OTHER CONTENT FROM THE WEBSITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CITYVIEW, ITS AFFILIATES AND REPRESENTATIVES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH CITYVIEW OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY CITYVIEW “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND CITYVIEW OR ITS LICENSOR OR SUPPLIER.

UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE WEBSITE FORM ANY RELATIONSHIP (OTHER THAN THE CONRACTUAL RELATIONSHIP CREATED BY THIS TERMS OF USE), WHETHER IMPLIED OR EXPRESS, WITH CITYVIEW. CITYVIEW HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE WEBSITE.

  1. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CITYVIEW, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CITYVIEW FOR YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
  1. Applicable Laws. We control and operate the website from our offices in United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
  1. Termination. Cityview may terminate, change, suspend or discontinue any aspect of the website or the website’s services (including, without limitation, content, features or hours of availability), at any time and for any reason. Cityview may restrict, suspend or terminate your access to the website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the website or any of the services on or available through the website, you may not return to the website for any reason or in any manner. Once you have been banned from use of the website, you may not thereafter use the website under a new username or identity. In the event that you do return, or attempt to return, to the website or a particular service after you have been banned, you will be deemed to have breached these Terms and Conditions, and Cityview reserves the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms and Conditions and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. Cityview maintains a policy to terminate the website use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Cityview).
  1. Changes to Terms and Conditions. Cityview reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
  1. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of Iowa, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in close vicinity to Cityview in Iowa, United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect.

 This Terms and Conditions of Use was last updated on Sept. 23, 2015.

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