Valencia Lakes - Terms Page

Terms of Service
(Adopted June 28, 2008)
www.valencialakes.org

1. ACCEPTANCE OF TERMS
Welcome to the Valencia Lakes resident website (“www.valencialakes.org”). The following are the current Terms of Service ("TOS"), which may be updated from time to time. You can always review the most current version of the TOS at any time in the "Documents" section of the website. The Valencia Lakes Homeowners Association may, in its sole discretion and at any time, discontinue providing the www.valencialakes.org website, or any part thereof. The Website Committee has the sole right and authority to interpret the TOS and enforce its provisions with concurrence of the HOA Board.

2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the www.valencialakes.org Website Committee of any unauthorized use of your password or account or any other breach of security

3. MEMBER CONDUCT
The following are examples of unacceptable posts for your guidance:

Posts that:

a. Threaten, make fun of, goad, demean, violate the bounds of common courtesy or appropriateness or attack others.

b. Contain foul language or links to offensive sites.

c. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

d. Harm minors in any way.

e. Transmit any content that you do not have a right to transmit under any law, rule, or regulation or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

f. Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

g. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

h. Intentionally or unintentionally violate any applicable local, state, or national law.

i. No material found on this site may be printed, published, or otherwise used without the written permission of Valencia Lakes Homeowners Association. Graphics, pictures, or banners are not allowed in any posts or signatures and may be deleted without notice. Graphics or pictures are allowed in posts of material approved by the Valencia Lakes Homeowners Association. A small picture may be included in your Profile by entering the URL of the image in the box provided.

j. Include commercial advertising messages or solicitations in message boards or during live chats, should they become available. Non commercial advertising is permitted. Non-commercial advertising is defined as the sale by a resident of "a single" item, i.e., an item of furniture, a bike, an exercise machine, or the sale or lease of a residence in the community. More than one such item may be listed for sale in a single posting. Any URL containing a referral code or referral address will be edited or deleted at the discretion of the Administrators, as these are considered advertising. Listing of any URL in a signature is limited to only "home pages" that include no advertising or referral. Links to businesses or pages with advertising are prohibited in signatures. No "blind or hidden" referral links are allowed.

Posts which fail to conform to these rules shall be removed.

The following are examples of unacceptable conduct for your guidance:

a. "Stalking" or otherwise harassing another.

b. Collecting, storing or using personal data about other users or neighbors.

c. Harvesting e-mail and/or other information about our subscribers, affiliates or visitors.

d. Electioneering is not permitted.

e. Disclosing, disseminating or using resident information contained on the website such as email addresses, telephone numbers, or any other item of personal identification in any manner whatsoever, including, but not limited to purposes of solicitation of products or services by mail, telephone, or otherwise, without the express, advance written permission of the individual resident.

f. Restricting or inhibiting the use of this site by any other subscriber or visitor.

g. Distributing of “jokes”.

h. Soliciting of membership or participation in or contributions to any activity, group or organization not specifically sanctioned by the HOA.

i. Do not post private messages on the discussion board. Use private email for such messages when appropriate.

The Website Committee may edit or delete any material in any post that it determines is disruptive, argumentative, or not suitable for the website. If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision. Listing of the description of unacceptable posts or unacceptable conduct are meant to be examples and not exclusive or complete. If you are aware of any violations of the TOS, please report them to vlakesweb@gmail.com

4. INDEMNITY
You agree to indemnify and hold the Valencia Lakes Homeowners Association, and its Directors, committee volunteers, officers, agents, residents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the www.valencialakes.org website, your use of the web site, your violation of the TOS, or your violation of any rights of another.

5. TERMINATION
a) You understand and agree that the Website Committee will remove any postings that violate the TOS.

b) You understand and agree that if your posting violates the TOS, the Website Committee will notify you that your posting has been removed. You will be referred to the specific violation incurred and warned that a second violation may result in a penalty.

c) You understand and agree that if you violate the TOS more than once, a grievance will be filed against you by the Administrators of the Website. The Website Committee will continue to remove all postings that violate the TOS.

d) You understand that if a grievance is filed against you, the Website Committee will recommend restriction of your website privileges to a “read only” status for 30 days.

e) You understand that if you continue to violate the TOS after a hearing by the Grievance Committee, the Website Administrators will file a 2nd grievance and recommend suspension of your account and password for a reasonable period of time.

6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Valencia Lakes Homeowners Association or members of the www.valencialakes.org Website Committee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.

7. LINKS
The www.valencialakes.org website may provide links to other World Wide Websites or resources. Because the Valencia Lakes Homeowners Association or members of the www.valencialakes.org Website Committee have no control over such sites and resources, you acknowledge and agree the Valencia Lakes Homeowners Association or members of the www.valencialakes.org Website Committee are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Valencia Lakes Homeowners Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. DISCLAIMER OF WARRANTIES
By logging on to the www.valencialakes.org website, you expressly understand and agree that your use of the www.valencialakes.org website is at your sole risk. The service is provided on an "as is" and "as available" basis. The website, www.valencialakes.org expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9. NOTICE
Notices to you may be made via either email or regular mail. The website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the website. The Valencia Lakes Homeowners Association, the Valencia Lakes Board of Directors, AtHomeNet, or members of the www.valencialakes.org Website Committee are not liable for the content of any posts. We only review them for foul language, referral links, and other items covered in these policies. We do not verify or endorse as true any information posted by a member.

10. HEADINGS
All headings and subheading employed within this TOS are inserted only for convenience and reference only. Headings are not to be considered in the interpretation of any provision of this TOS.

11. INVALIDITY OF A PARAGRAPH
If any section, sentence, or paragraph of this TOS is found to be invalid, void or unenforceable, the remainder of the TOS will continue in force.