Terms of Use
TERMS AND CONDITIONS OF USE
for UPPER SEATTLE LLC’s Web Site, “My Green Lake”.
(http://www.MyGreenLake.com)
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE USING THIS WEB SITE AND SAVE A COPY. By continuing to access or use the My Green Lake Web Site (the “Site”), or any service on the Site, you signify your acceptance of the TERMS. From time to time, UPPER SEATTLE LLC may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using the Site. Your use of the Site, or any service on the Site, after the posting of modifications to the TERMS, will constitute your acceptance of the TERMS, as modified. If at any time you do not wish to accept the TERMS, you may not use the Site. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by UPPER SEATTLE LLC and shall be of no force or effect.
User Assent to Terms and Conditions of Service. In using the Site, you represent and agree that you have read and agree to be bound by the TERMS and shall: (i) comply with U.S. law regarding the transmission of any data obtained from the Site in accordance with the TERMS; (ii) not use the Site for illegal purposes; and (iii) not interfere with or disrupt networks connected to the Site.
If you are under the age of 13, you may not use the Site.
Intellectual Property. The Site, including but not limited to text, content, photographs, video, audio and graphics contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All text and other content, including articles, columns, graphics and other elements of the Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site, in accessing or using any such materials.
Digital Millennium Copyright Act. The Site is compliant with the Digital Millennium Copyright Act. If you feel you have been infringed in any way, please send notice to: mygreenlake AT mygreenlake DOT com.
Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Site (the “IP Rights”) shall, as between you and UPPER SEATTLE LLC, at all times be and remain the sole and exclusive property of UPPER SEATTLE LLC.
Corresponding with UPPER SEATTLE LLC. Any correspondence with the Site or with UPPER SEATTLE LLC, including any documentation or images, are considered property of UPPER SEATTLE LLC. UPPER SEATTLE LLC reserves the right to reproduce such correspondence, in whole or in part, on the Site or its affiliates.
Restrictions on Use. You agree not to use, transfer, distribute or dispose of any information contained on the Site for any commercial purpose. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by UPPER SEATTLE LLC and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of UPPER SEATTLE LLC and others.
Appropriate Conduct – You agree that you are solely responsible for your own conduct while using the Site, and for any consequences thereof. This means that you, and not UPPER SEATTLE LLC, are entirely responsible for all content that you make available on the Site (through comments, classified postings, or any other means). UPPER SEATTLE LLC does not control the content that users make available on the Site and does not guarantee the legality, accuracy, quality, or integrity of the content. UPPER SEATTLE LLC will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content on the Site.
The following is a partial list of the kind of content that is illegal or prohibited for you to make available on the Site. While UPPER SEATTLE LLC has no duty to investigate or monitor the content made available by users of the Site, it reserves the right to investigate and take appropriate legal action against anyone who, in UPPER SEATTLE LLC’s sole discretion, violates this provision, including removing the offending content from the Site. You agree that when using the Site, you will not make available any illegal or prohibited content, which includes, but is not limited to, 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, an UPPER SEATTLE LLC 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, misinformative, 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 Site which are not designated for such purposes; or emailed to UPPER SEATTLE LLC users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed.
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 Washington law. A partial list of prohibited items for sale and prohibited services offered is provided for your convenience:
* Obscene material or child pornography.
* Offer or solicitation of illegal prostitution.
* Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
* Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
* Fireworks, including but not limited to “safe and sane” fireworks or any destructive devices or explosives.
* Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
* Alcohol or tobacco products.
* Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
* Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
* Blood, bodily fluids or body parts.
* Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish. Re-homing with small adoption fee OK
* Pet animal parts, blood, or fluids – including but not limited to stud/breeding service
* Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
* Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
* Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
* Stolen property, or property with serial number removed or altered.
* Burglary tools, including but not limited to lock-picks or motor vehicle master keys
* False identification cards, items with police insignia, citizenship documents, or birth certificates.
* Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
* Counterfeit, replica, or knock-off brand name goods.
* Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell, warez, bootlegs (without consent of the band).
* Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
* Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
* Gambling items, including but not limited to lottery tickets, sports trading card ‘grab bags’, raffle tickets, sweepstakes entries or slot machines.
* Used or rebuilt batteries, or batteries containing mercury.
* Used bedding and clothing, unless sanitized in accordance with law.
* Non-packaged food items or adulterated food.
* Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
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 Site, or that otherwise negatively affects other users’ ability to use the Site; 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 Site.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
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 Site, unless expressly permitted by UPPER SEATTLE LLC.
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;
x) attempt to gain unauthorized access to UPPER SEATTLE LLC computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the the Site; or
y) use any form of automated device or computer program that enables the submission of content on UPPER SEATTLE LLC web sites without each submission 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.
Disclaimer and Limitation of Liability. You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that UPPER SEATTLE LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. You agree that UPPER SEATTLE LLC, its suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of UPPER SEATTLE LLC, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Site; (ii) any fault, inaccuracy, omission, delay or any other failure in the Site; or (iii) any reliance upon the content of the Site. The content of other Web sites, services, goods or advertisements that may be linked to the Site is not maintained or controlled by UPPER SEATTLE LLC. UPPER SEATTLE LLC is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Site. UPPER SEATTLE LLC does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Site; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Site. You understand that UPPER SEATTLE LLC and/or any suppliers may choose at any time to inhibit or prohibit their content from being accessed under the TERMS.
Termination. You may terminate this Agreement by discontinuing use of the Site and destroying all materials obtained from the Site. This Agreement will terminate immediately without notice if UPPER SEATTLE LLC determines, in its sole discretion, that you have failed to comply with any provision of these TERMS. Upon termination, you must promptly destroy all materials obtained from the Site and any copies thereof.
Additional User Representations. By using the Site, you represent, warrant and covenant that you: (i) are over the age of 13; (ii) have the power and authority to enter into this Agreement; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Site only as set forth in these TERMS.
Links. The Site contains links to other Internet sites on the World Wide Web. UPPER SEATTLE LLC provides such links for your convenience only, and is not responsible for the content of any Web site linked to or from this Site. Links from this Site to any other Web site do not mean that UPPER SEATTLE LLC approves of, endorses or recommends that Web site. UPPER SEATTLE LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other Web site. You hereby agree that your access and use of any additional site material, including information, material, products or services contained therein, is solely at your own risk.
Add-on Services and Features. You acknowledge that UPPER SEATTLE LLC has the right to change the content or technical specifications of the Site at any time at UPPER SEATTLE LLC’s sole discretion. You further accept that such changes may require additional fees or other consideration for participation, and may result in you being unable to access the Site.
Advertising. The Site may display advertising to provide financial support for itself. UPPER SEATTLE LLC does not endorse, recommend, evaluate, or guarantee any service, product, or other message contained in advertising displayed on or via the Site. UPPER SEATTLE LLC reserves the right to, and in their sole discretion may, at any time, review, edit, reject, modify, or remove any advertisement.
Advertisers. You, or others on your behalf, (“ADVERTISER”) may, in agreement with UPPER SEATTLE LLC, arrange for the placement of advertisements within content that is on or made available via the Site. Any Advertiser agrees that:
- Advertiser shall be liable for all charges that accrue based on the price list provided to Advertiser at time of purchase. Advertiser agrees to pay all applicable charges under this agreement , including any applicable taxes or other governmental fees.
- Advertisements will continue running until either suspended by Advertiser or until the end date selected by Advertiser has passed. Advertiser agrees to accept the charges for any ads displayed during that time.
- The price for advertising is subject to change at any time. If a price change affects an existing advertising placement, UPPER SEATTLE LLC will send an email notification to the Advertiser at least 5 days prior to the price change having an impact on the Advertiser. If the Advertiser does not agree to the price change, the Advertiser’s only recourse is to suspend any applicable advertisements. Any applicable advertisements that are not suspended will then be charged at the new rate. UPPER SEATTLE LLC is not responsible for lack of notification caused by emails that are delayed or otherwise do not reach the Advertiser.
- Charges due from an Advertiser may be determined from various metrics collected by the Site, such as impressions, clicks, or time. Advertisers agree that the metrics collected by the Site are the only valid options for determining the charges due for advertisements.
- UPPER SEATTLE LLC reserves the right to charge interest and late fees on any unpaid balance to the maximum amount allowed by law.
- Some forms of advertising, including but not limited to flat-fee-per-month advertising, is non-refundable, even if cancelled before the end of the billing period.
- UPPER SEATTLE LLC may from time to time offer special pricing, free advertising, or other promotions. All details of pricing, duration, and participation in such promotions is determined in the sole discretion of UPPER SEATTLE LLC and is subject to change without notice at any time.
Governing Law. These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of Washington, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Seattle, Washington, with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
Contact Information. If you have any questions or notices of violations to these terms and conditions, please send an email to mygreenlake AT mygreenlake DOT com.
This Terms and Conditions of Use was last updated on September 3, 2009.
