LAMERCIE PARK does not collect or maintain user information
about visitors, other than eMail addresses of parties
corresponding with THE PARK. We do not sell or lease THE PARK
mailing list(s), nor do we make any information about our
visitors available to any parties. Weblog and message board
posts are public areas. If you include your eMail and web
address in your post, it will be made public when you publish to
LamerciePark.Com is a NON-COMMERCIAL website. The Park is serious about protecting the
rights of the copyright owners of the work(s) represented here,
and no statement(s) or work(s) hosted here are intended to
minimize or in any way interfere with the rights in an to these
works. Visiting this site means you have read and accept these
terms. If you disagree with any of these terms, do not access or
use this site.
1. LAMERCIE PARK ("THE PARK") maintains this site (the "Site") for NON-COMMERCIAL and PROMOTIONAL PURPOSES ONLY. THE PARK does not derive any profits from this site, nor is access restricted or fees assessed. This site is for editorial, journalistic and entertainment purposes only. Your access to and use of the Site are subject to the following terms (the "Terms") and all applicable laws and regulations. Please note that the Terms may be periodically updated and modified, so please be sure to recheck them. By accessing and using the Site, you accept, without limitation or qualification, the present Terms. You also agree to so accept future updates and modifications of the Terms.
2. In the case of text, you may download one copy of material displayed on the Site for non-commercial, personal use provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes any of the contents of the Site, such as text, images, audio, and video, without THE PARK's prior written permission. In the event that third parties obtain access to materials that you have downloaded, it is your responsibility to inform them of these Terms.
3. You should assume, unless otherwise specifically noted, that everything you see or hear on the Site, and any files or programming related to the Site, are protected by proprietary rights, such as copyright, trademark, rights of publicity, etc. Absence of a specific notice of proprietary rights, such as a copyright notice, does not necessarily mean that the item is in the public domain. Unauthorized copying or use of items from the Site can lead to enforcement actions by the holders of proprietary rights, severe penalties, and, in some instances, criminal actions. Please be careful and considerate of proprietary rights
4. Many of the images used on The Site are used in compliance with Section 107 of the United States Penal Code: Limitations On Exclusive Rights: Fair Use. The use of these images is for editorial purposes only, and all rights to these images are the respective property of their copyright owners. THE PARK in no way challenges the rights of the respective copyright owners and will remove or modify any image or copyright notice thereof at the request of a verifiable agent of the copyright owner. THE PARK will make every reasonable attempt to present proper notification of copyright and trademark ownership, and where appropriate, provide links to and/or promotional added value to the copyright owner and/or site of origin. THE PARK will never use private works without permission, and will make every attempt to gain the written permission of private works before adding them to The Site:
Sec. 107. - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors
5. The opinions expressed on this site should be considered as
the subjective opinion or viewpoint of the contributor. THE PARK and
its personnel make no warranties or representations as to the
accuracy or completeness of the information or items in or
related to the Site. THE PARK and its personnel assume no liability
or responsibility for any errors or omissions in the content of
the Site. The information in the Site may be out of date, and
THE PARK makes no commitment to update such information. Text and
other items available on the Site may also be subject to
additional disclaimers and conditions.
6. Your access to and use of the Site are at your risk. Under no circumstances, including but not limited to negligence, shall THE PARK and any other parties involved in creating, producing, or delivering the Site be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of or related to your access to, use of, or inability to access or use the Site, or other locations accessible through the Site, even if THE PARK or a PARK authorized representative has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement
THE PARK and any other parties involved in creating, producing, or delivering the Site also assume no responsibility for, and shall not be liable for, any damages to or interference with equipment, programs, files, or other property (for example, from viruses) whether such damages are related to access or use of the Site or other locations accessible through the Site. Your sole remedy for dissatisfaction with or damage sustained in connection with the Site is to stop using the Site. Your permission to use the Site may automatically terminate without notice at THE PARK's sole discretion. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. Any communication or items you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by THE PARK without any obligation to you or any other party, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, broadcast and posting. To the extent waivable, you waive any so-called "moral rights" or droit morale in communications or items that you transmit to the Site.
8. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade dress, or logo displayed on or associated with the Site. THE PARK is not necessarily affiliated with sites that may be linked to this Site and is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites (collectively, "Linked Sites").
9. THE PARK has no control over Linked Sites and cannot endorse or make any representations regarding any Linked Sites. Your linking to any Linked Sites is at your own risk.
10. Users of this Site are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
11. For the protection of Site users and the Site, THE PARK will fully cooperate with any law enforcement authorities or court order requesting or directing THE PARK to disclose the identity of anyone allegedly posting any such information or materials. You agree to indemnify THE PARK and all other parties involved in creating, producing, or delivering the Site for any and all claims, damages, losses, and causes of action arising out of your failure to comply with these Terms. While THE PARK does not and cannot review every communication from or submission by users of the Site, and is not responsible for the content of those communications and submissions, THE PARK reserves the right, in its sole discretion, to delete or edit such communications or submissions.
12. Certain non-personal information of visitors is recorded by the standard operation of the Site. This information is primarily used to determine the frequency and nature of the uses of this Site and its features. By having this information, we can provide better and continued service.
14. The Site is controlled and operated by THE PARK from its living room within the State of Colorado, United States of America. THE PARK makes no representation that materials in the Site are appropriate for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No item from the Site may be downloaded or exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions on such item.
15. This agreement is entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You hereby consent and submit to the personal jurisdiction of the state and federal courts located in El Paso County, Colorado, for the purposes of litigating any action at law or in equity arising out of or relating to these Terms and agree not to commence any such action against THE PARK other than in such courts.
16. If any of the provisions of this agreement are held by a court or a tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto relating to the subject matter herein.