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Terms of Access And Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Powerful Publications server, or the network(s) connected to any Powerful Publications server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Powerful Publications server or to any of the Services, through hacking, password mining, database injection attacks, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
By accessing “LavacaCounty.com” (hereinafter “we”, “us”, “our”, “LavacaCounty.com”, “http://LavacaCounty.com”), you agree to these following terms. If you do not agree to these following terms then please do not access and/or use “LavacaCounty.com”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “LavacaCounty.com” after changes mean you agree to these terms as they are updated and/or amended.
Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “LavacaCounty.com” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “LavacaCounty.com” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “LavacaCounty.com” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
Powerful Publications reserves the right to determine the most appropriate location for business listings and links. We will try our best to accommodate customers wishes. Powerful Publications also reserves the right to refuse listings and links at our sole discretion. If we find a link to a page that does not represent the best interests of Powerful Publications, we have the right to terminate such link. All payments are non-refundable. Rates subject to change without notice. We reserve the right to refuse or revoke our services to anyone. Powerful Publications also reserves the right to refuse advertising, listings, links or any other content at our sole discretion. When you link from our site to yours, you are allowed a maximum of 12 sub links from your link. If we terminate your link, our liability is limited to a pro-rate refund of the remaining time on your contract. Powerful Publications uses technologically advanced equipment, including servers at remote locations. This is to insure the available of service to our customers, however, Powerful Publications is not liable for interruptions due to events beyond our control.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
* Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Topic, name, material or Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful information.
* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
* Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Powerful Publications has no obligation to monitor the Communication Services. However, Powerful Publications reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Powerful Publications reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Powerful Publications reserves the right at all times to disclose any information as Powerful Publications deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Powerful Publications' sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Powerful Publications does not control or endorse the content, messages or information found in any Communication Services and, therefore, Powerful Publications specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Powerful Publications spokespersons, and their views do not necessarily reflect those of Powerful Publications.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Under this Agreement, Powerful Publications gives you limited permission to access and use the Services, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Powerful Publications' express permission.
Your right to access the Services is subject to any limits established by Powerful Publications. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Powerful Publications, if any, or authorized in advance and in writing by Powerful Publications (for example, Powerful Publications approved third party tools and services). The Powerful Publications Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by Powerful Publications.
The technology underlying, and content within, the Services is owned by Powerful Publications and/or its licensors (including Powerful Publications' advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Powerful Publications, Powerful Publications owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Powerful Publications does not claim ownership of the materials you provide to Powerful Publications (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Powerful Publications, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Powerful Publications Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Powerful Publications is under no obligation to post or use any Submission you may provide and Powerful Publications may remove any Submission at any time in its sole discretion.
While all attempts have been made to ensure the accuracy and reliability of all materials contained within this website, we recognize the possibility of human and/or mechanical error. Information on businesses and organizations within the Powerful Publications web site is provided by those organizations and is not verified or endorsed by Powerful Publications. Powerful Publications expressly denies any guarantee of the accuracy or reliability of information published on the site and shall not be held responsible for any losses caused by reliance upon the accuracy or reliability of such information. User shall use information obtained through the Internet at own risk and is encouraged to call individual businesses to verify prices, amenities, features, dates and all other important details before traveling. There are activities feature in this website that carry significant risk of personal injury or death. Powerful Publications does not recommend that anyone participate in these activities unless they are fully aware of the risks and are willing to personally assume all responsibility associated with those risks.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. POWERFUL PUBLICATIONS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER POWERFUL PUBLICATIONS NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. POWERFUL PUBLICATIONS WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF POWERFUL PUBLICATIONS, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
THE LINKS IN THIS AREA WILL LET YOU LEAVE POWERFUL PUBLICATIONS' SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF POWERFUL PUBLICATIONS AND POWERFUL PUBLICATIONS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. POWERFUL PUBLICATIONS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. POWERFUL PUBLICATIONS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY POWERFUL PUBLICATIONS OF THE SITE.
Powerful Publications encourages you to use discretion when browsing the Internet or using the Services. At the time of Registration we require that you are at least 18 years of age. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Powerful Publications encourages you to use an adult filtering service. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other illegal material, please contact us and we will contact the authorities as appropriate.
Through its vast network of online real estate, Powerful Publications provides you with access to a variety of resources. The Services are subject to the TOU.
Powerful Publications uses reasonable efforts to ensure the availability of the information and content, including links that it makes available through the Services. However, the Services are composed of content not offered by Powerful Publications. Powerful Publications does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privity of contract with Powerful Publications, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Powerful Publications is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Powerful Publications does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Powerful Publications is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Powerful Publications (and Powerful Publications' officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Powerful Publications Service is accessible to users through a personal computer, or other access device (e.g., DSL modem). As part of our service, Powerful Publications will provide information and links to other Web sites and other computer services that are subject to the terms herein. Powerful Publications may decide to modify this Agreement at any time and the user agrees to use this service in accordance with these terms:
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Documents do not include the design or layout of the Powerful Publications Web site or any other Powerful Publications owned, operated, licensed or controlled site. Elements of Powerful Publications Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Powerful Publications Web site may be copied or retransmitted unless expressly permitted by Powerful Publications.
POWERFUL PUBLICATIONS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POWERFUL PUBLICATIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL POWERFUL PUBLICATIONS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POWERFUL PUBLICATIONS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL POWERFUL PUBLICATIONS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Powerful Publications immediately of any unauthorized use of your account or any other breach of security. Powerful Publications will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Powerful Publications or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Lavaca County, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Under the conditions of the Digital Millennium Copyright Act of 1998 the copyright owner of a digital work is entitled to file a Takedown Request (section 512) which notifies us that Powerful Publications may be hosting a copyrighted image.
From the DMCA 1998 Section 512:
"Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to us (Powerful Publications, Inc.). Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge or infringement by us. If, upon receiving a proper notification, we promptly remove or block access to the material identified in the notification, we are exempt from monetary liability. In addition, we are protected from any liability to any person for claims based on its having taken down the material. Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or us."
If you are (or if you represent) the copyright owner of an image on this website or a network site then please submit your request in writing to the address listed at the bottom of the Terms and Conditions, containing the following information:Infringed work,Date taken (month & year),Photographer, For (eg. publication name / studio),Infringing file name,Copyright owner, Takedown request is hereby made by Name / Company,Address,E-mail addres. All information listed is mandatory. An incomplete submission will not be considered a proper notification under the terms of the act.
Upon receipt of a Takedown Request we will endeavor to ascertain the authenticity of the request and, upon verification, we will remove the image from Powerful Publications Please allow up to 10 days for your request to be processed.
Powerful Publications may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Powerful Publications.