Facebook Group Terms & Conditions

Terms of Use for Participation in and Posting on the OTW Merchants Facebook Group Page

The OTW Merchants Facebook Group is owned and managed by Old Town Winchester Business Association (“OTWBA”). The purpose of the OTW Merchants Group (“Facebook Group”) is to provide an engaging forum to share information regarding Old Town Winchester (“OTW”) and encourage discussion on issues involving the OTW. All users of the Facebook Group (“Users”) are encouraged to participate in online discussions and forums of the Facebook Group. These Terms of Use are intended to help Facebook Group Users understand and differentiate between suitable and inappropriate use of the Facebook Group and to define best practices for participation in the OTW Merchants Facebook Group.

The Terms of Use are an agreement between the OTWBA and User. By accessing, browsing, or using this service, User agrees to be bound by these terms. The OTWBA may at any time revise these Terms of Use by updating this posting; User’s continued use of the service following the posting of notice of a change will confirm User’s acceptance of the change.

Rules and Restrictions on Submissions

Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group (“Submissions”). Inappropriate Submissions would include, for example, comments or materials that:

> make false or defamatory statements about others;

> are obscene, vulgar, abusive, hateful or threatening;

> harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;

> are invasive of the privacy rights of others (e.g., by including addresses, phone numbers or other personal information about third persons without their consent.)

Submissions may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.

Submissions may not contain unauthorized disclosures of proprietary or confidential information.

Users may not use the Facebook Group in a manner or for a purpose that could violate federal or state antitrust laws. For example, the Facebook Group may not be used to communicate with competitors about prices, discounts, market shares, sales territories, or other terms or conditions of trade.

Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.

Users may not use or attempt to use the Facebook Group for commercial purposes. Submissions may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like. Users are not precluded from posting promotions for actuarial related information and events or job postings in the field of actuarial science.

Submissions may not include false or misleading representations of affiliation with any other person or entity. A User may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.

The OTWBA believes that anonymous postings are neither necessary for purposes of this forum, nor consistent with the professional level of dialogue expected. Therefore, the User’s name (which must be provided) will be posted with the Submission.

OTWBA’s Right to Monitor and Administer the Facebook Group

The OTWBA reserves the right to monitor and administer the Facebook Group and, in their sole discretion, to remove any content posted to the Facebook Group. The OTWBA also reserves the right to disallow the use of any particular screen name or e-mail address, or to terminate any User’s posting privileges at any time, including individual and group postings.

Compliance with Facebook Terms and Conditions

Users must comply with the terms identified in the Facebook User Agreement found at http://www.facebook.com/#!/terms.php.

Ownership of the Facebook Group and its Contents and Associated Trademarks

All postings originated by The OTWBA and published on the Facebook Group are protected by copyright and owned by The OTWBA. Except as permitted under U.S. Copyright laws, the Facebook Group and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without The OTWBA’s prior written consent. The OTWBA grants User a non-exclusive, non-transferable, limited license to access, display and/or download the Web pages within this site, solely on User’s computer and for User’s personal, non-commercial use, and provided that User agrees not to modify the content displayed on this site and to keep intact all copyright, trademark and other proprietary notices contained therein.

The OTWBA does not claim ownership of or copyrights in User Submissions. User understands that Submissions are not confidential and The OTWBA will be free (without compensation to User) to use or disseminate such Submissions on an unrestricted basis for any purpose, so long as such use is within the terms of the Facebook User Agreement. User agrees that Submissions may be published, displayed, copied, distributed, downloaded, or transmitted by The OTWBA or other Facebook Group participants, and User grants The OTWBA and all other users of the Facebook Group an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works (including in digital form) such Submissions, subject to any applicable restrictions in the Facebook User Agreement.

All Trademarks owned by The OTWBA and published on the Facebook Group are property of The OTWBA. OTWBA trademarks may not be copied and used by Users without prior written approval from The OTWBA.

DISCLAIMERS

THE OTWBA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR SUFFICIENCY OF THE INFORMATION POSTED ON THE FACEBOOK GROUP, WHETHER POSTED BY THE OTWBA, CAS INDIVIDUALLY OR COLLECTIVELY, OR ANY THIRD PARTY. THE OTWBA MAKES NO WARRANTY THAT THE GROUP, OR ANY COMPUTER, SERVER, DEVICE, SOFTWARE, OR OTHER TECHNOLOGY ASSOCIATED WITH THE GROUP, IS FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS OR CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Postings, including but not limited to comments and replies to discussion topics, are not to be relied on as professional opinions or advice, and postings are not intended to constitute technical, financial or legal guidelines or to supplant individual judgment with respect to particular situations.

The OTWBA does not endorse, approve, recommend, or certify any information, product, process, service or organization presented or mentioned on the Facebook Group, and information from the Facebook Group should not be referenced in any way to imply such approval or endorsement. This Facebook Group Page may provide links or references to non-OTWBA websites and resources. The OTWBA makes no representations, warranties, or other commitments whatsoever about any non-OTWBA websites or third-party resources that may be referenced in, accessible from, or linked to any OTWBA site. A link to a non-OTWBA website does not mean that the OTWBA endorses the content or use of such website or its owner. User acknowledges and agrees that the OTWBA is not responsible for the availability of such external sites, and is not responsible or liable for any content, services, products, or other materials on or available from those sites.

The views expressed on the Facebook Group are those of the individual participants. They do not and should not be construed as representing the views of the OTWBA. While the OTWBA reserves the right to monitor the Group and remove Submissions or materials it believes are not in conformity with these Terms of Use or in the best interests of the the OTWBA, the OTWBA undertakes no obligation to do so.
LIMITATIONS OF LIABILITY

NEITHER THE OTWBA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN ANY WAY RELATING TO (A) THE USE OF OR INABILITY TO USE THE FACEBOOK GROUP (B) ERRORS IN OR OMISSIONS FROM FACEBOOK CONTENT, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN ANY FACEBOOK CONTENT, (D) THE UNAVAILABILITY OF THE FACEBOOK GROUP, (E) ANY USE OF THE FACEBOOK GROUP OR RELIANCE BY THE USER ON ANY INFORMATION OR CONTENT CONTAINED THEREIN; NOR SHALL THEY BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

IN NO EVENT MAY USER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTWBA MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

REPRESENTATIONS BY USERS; INDEMNIFICATION

USER IS SOLELY RESPONSIBLE FOR THE CONTENTS OF HIS/HER SUBMISSIONS TO THE FACEBOOK GROUP. USER REPRESENTS THAT HE/SHE HAS ALL RIGHTS NECESSARY TO POST THE INFORMATION, CONTENT OR MATERIALS SUBMITTED TO THE FACEBOOK GROUP WITHOUT VIOLATING THE COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THAT NO SUBMISSION BY THE USER WILL VIOLATE THE LAWS OR THE RIGHTS OF THIRD PERSONS. USER HEREBY INDEMNIFIES AND AGREES TO HOLD HARMLESS THE OTWBA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSERTED AGAINST THEM AND ANY LIABILITY, LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED OR SUFFERED BY THEM IN CONNECTION WITH OR ARISING OUT OF USER’S ACTS OR OMISSIONS OR THE MATERIALS OR INFORMATION USER SUBMITS TO THE FACEBOOK GROUP.

Choice of Law and Venue

This Agreement will be interpreted and governed in all respects by the laws of the Commonwealth of Virginia without regard to its choice of laws rules. Any dispute arising under these Terms of Use or in connection with the User’s use of the Facebook Group shall be subject to the exclusive jurisdiction of either the state or federal courts in and for Frederick County, Virginia, and User and The OTWBA hereby consent to the personal jurisdiction of such courts over them.

Procedures for Requesting the Removal of Infringing Material

The owner of a copyrighted work (or the agent for the owner) who believes that material posted on the Facebook Group infringes on the copyrighted work may request that the allegedly infringing material be removed from the Facebook Group by notifying the OTWBA designated agent for such purposes:

Christine Patrick, President

Old Town Winchester Business Association

PO Box 168

Winchester, VA 22604

info@otwba.com

How to Contact the OTWBA

Questions regarding the Terms of Use or any other aspect of the Facebook Group can be submitted in writing to: Old Town Winchester Business Association, PO Box 168 , Winchester, VA 22604, or by e-mail sent to info@otwba.com.