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TERMS OF USE

*PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.*

  1. General. This site is owned and operated by WEB-Presentations™, (referred to as "UCS"). UCS has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
  2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
  3. Restrictions on Use.
    1. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without UCS's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in UCS's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
    2. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of UCS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
    3. You shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to UCS's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of UCS throughout the universe. By submitting material to UCS, you automatically grant, or warrant that the owner of such material has expressly granted UCS the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant UCS the right to edit, copy, display, publish and distribute any materials made available on the site by you.
    4. The foregoing provisions of Section 3 are for the benefit of UCS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  4. Disclaimer of Warranty; Limitation of Liability.
    1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER UCS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
    2. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
    3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT UCS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
    4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL UCS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
  5. Monitoring. UCS shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, UCS shall have the right to remove any material that UCS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  6. Indemnification. You agree to defend, indemnify and hold harmless UCS and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
  7. Photos. *End User License Agreement*

    AGREEMENT

    BY REGISTERING, SUBMITTING IMAGES OR CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY ALL SECTIONS OF THE AGREEMENT BELOW. BEFORE YOU MAKE SUBMISSIONS TO THE ULSTER COUNTY PHOTO GALLERY, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT IMAGES.

    1. This agreement ("Agreement") becomes effective when you indicate your acceptance of this Agreement by "clicking" on the "ACCEPT" button when it is presented. This Agreement is between WEB-Presentations™, UlsterCountyServices.Com and you. This Agreement sets forth the terms and conditions under which you agree to submit images to this web site. Image(s) must be of Ulster County scenery and/or places, and must be submitted only once.

    2. If you transfer any image(s) to this web site, you will be deemed to have made the following representations, upon which WEB-Presentations™, UlsterCountyServices.Com will have the right to rely: you are at least 18 years old and you are an amateur photographer; you have read, understand and agree to these terms and conditions; you hereby grant WEB-Presentations™, UlsterCountyServices.Com the non-exclusive royalty-free irrevocable rights, exercisable in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify and otherwise exploit the image(s) (in whole or in part) and to incorporate the image(s) in other works in all any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity; you have the sole and exclusive right to grant such rights to WEB-Presentations™, UlsterCountyServices.Com; you have obtained appropriate, written releases from any and all recognizable persons appearing in the image(s), and from any and all persons who provided art work or any other material appearing in the image(s); WEBPresentations™, UlsterCountyServices.Com's copying, publishing, displaying and/or other exploitation of the image(s) will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; You hereby grant any other user of the site to access, view, store or reproduce the image(s) for that user's personal use; you waive your rights to attribution, integrity, or any other moral right in the image(s) in connection with its (their) use by WEB-Presentations™, UlsterCountyServices.Com; you agree to allow use of your name and city on the site or in publicity or advertising without compensation; and you understand and agree that WEB-Presentations™, UlsterCountyServices.Com shall have no obligation to copy, publish, display or otherwise exploit the image(s), nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the image(s). WEB-Presentations™, UlsterCountyServices.Com may modify these terms and conditions at any time at its sole discretion. Such modified terms and conditions can be found at this Web site. After notice of a modification, your continued submissions of image(s) to this web site constitute an affirmative agreement to be bound by such new terms and conditions. Any modification is effective immediately for all submissions made after the time of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate the submission. However, if you do not terminate the submission, or continue to make submissions following modification to this Agreement, your continued use will mean that you have accepted that modification.

    3. WEB-Presentations™, UlsterCountyServices.Com reserves the right to modify or discontinue the service, and any terms or conditions, at any time. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from WEB-Presentations™, UlsterCountyServices.Com to effect such termination. In the case of any termination, you agree to continue to abide by the provisions of this Agreement, which shall remain in full force and effect after such termination.

    4. WEB-Presentations™, UlsterCountyServices.Com may, in its sole discretion, change, modify, add or remove portions of this license or the service at any time. WEB-Presentations™, UlsterCountyServices.Com may notify you of any such changes by posting notice of such changes on the UlsterCountyServices.Com Web site www.ulstercountyservices.com or sending notice via e-mail, postal mail or other means. Your continued use of the service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the service.

    5. This service is also governed by WEB-Presentations™, and UlsterCountyServices.Com Terms of Use. This Agreement and the accompanying Terms of Use constitute the entire agreement between you and WEB-Presentations™, UlsterCountyServices.Com with respect to the service and supersede all other communications. To the extent any terms of this Agreement are in conflict with the Terms of Use, the terms of this Agreement shall control. You agree to comply with WEB-Presentations™, UlsterCountyServices.Com's current Privacy Policy, as set forth on UlsterCountyServices.Com's Web site, www.ulstercountyservices.com.

    6. WEB-Presentations™, UlsterCountyServices.Com reviews images but does not otherwise assume responsibility for the content of any images. WEB-Presentations™, UlsterCountyServices.Com cannot publish all entries submitted to Photo Gallery. The choice of which images are selected for Photo Gallery and any daily or weekly featured photo is at the sole discretion of WEB-Presentations™, UlsterCountyServices.Com and cannot be disputed. WEB-Presentations™, UlsterCountyServices.Com reserves the right to alter images as appropriate for the medium.

    7. You agree to defend, indemnify and hold harmless WEB-Presentations™, UlsterCountyServices.Com and its directors, officers, employees and agents from and against any and all claims, actions, fines, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) (a) arising out of your use of the site, (b) arising from or in connection with the contents of your images, or (c) arising out of any violation of any law or regulation by you.

    8. This Agreement is personal to you, and may not be assigned without WEB-Presentations™, UlsterCountyServices.Com's express written consent.

    9. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and WEB-Presentations™, UlsterCountyServices.Com with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. WEB-Presentations™, UlsterCountyServices.Com shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of WEB-Presentations™, UlsterCountyServices.Com. This Agreement shall be construed in accordance with the laws of the State of New York without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Ulster County in the State of New York or in the United States District Court for the District of New York, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.

    10. All notices contemplated by this Agreement will be in writing and mailed by hand delivery, prepaid courier service, by overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgement of transmission; provided that, WEB-Presentations™, UlsterCountyServices.Com may provide notice to you via electronic mail. Notices shall be effective upon receipt of confirmation that delivery is complete. All notices to you shall be addressed to the location you provide to WEB-Presentations™, UlsterCountyServices.Com during registration. All notices to WEB-Presentations™, UlsterCountyServices.Com shall be addressed to WEB-Presentations, P.O. Box 235, Shokan, NY 12481, sent with a copy to WEB-Presentations™, UlsterCountyServices.Com's General Counsel (unless another address is subsequently designated by notice to the other party).
  8. Trademarks. UCS and WEB-Presentations™ and each of their logos are trademarks of WEB-Presentations™. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
  9. Third Party Content. UCS is not a publisher of content supplied by third parties and users of the site. Accordingly, UCS has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of UCS. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. UCS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized UCS employee spokespersons while acting in their official capacities.
  10. Viruses. UCS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  11. Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported
    (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or
    (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S.
    Commerce Department's Table of Deny Orders. UCS does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
  12. Business Associates. The business associates of UCS identified on this Site are independent contractors of UCS. The business associates are not joint venturers or partners of UCS. No employee or representative of the business associates is under the control of UCS.
  13. Changed Terms. UCS has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
  14. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of New York, acknowledge that venue is proper in any state or Federal court in the State of New York, agree that any action related to these terms of use must be brought in a state or Federal court in the State of New York, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
  15. The UlsterCountyServices.Com Web site incorporates links to other Web sites. UCS does not in any way endorse, nor is it responsible for, the content on those other Web sites.