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Terms of Use

Terms of Use last updated: November 15, 2022.

INTRODUCTION

These Terms of Use shall govern the use of the Website. By accessing or using the Website, you agree to comply with and be bound by these Terms of Use.

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use the Website and may result in immediate, temporary or permanent withdrawal of your right to use the Website.

DEFINITIONS

"The Website" means the Central New York Historic Roadside Markers website accessible from https://cnymarkers.mjboc.com.

"CNY Markers" means the owners of the Website.

"You" means the visitor or user of the Website.

"Website Content" means the textual content and information appearing throughout the Website.

"Website Materials" means digital images of historic roadside markers.

CONSENT

The Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and CNY Markers regarding your use and access to the Website. By using the Website, you agree to the Terms of Use in full.

CNY Markers reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Website. No revision to these Terms of Use shall apply on or before the date of any such revision.

If you do not agree to this Terms of Use, you must immediately terminate use of the Website.

USE OF THE WEBSITE

The Website is for personal and noncommercial use only. You must use the Website only for the purposes expressly set forth in these Terms of Use. Any other use of the Website is prohibited.

Use of the Website is for educational, historical and informational purposes only. CNY Markers have taken reasonable steps to ensure that the Website Content is accurate, but CNY Markers cannot represent that the Website Content is free of errors. You accept that the Website Content may be erroneous and agree to conduct due diligence to verify any information obtained from the Website prior to taking any action. You expressly agree not to rely upon any information contained in the Website.

If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue your use of the Website.

WEBSITE MATERIALS

CNY Markers respects the intellectual property of others, and, particularly to Website Materials obtained from third party sources. Attribution is provided for Website Materials whenever possible.

Website Materials attributed to CNY Markers are protected by United States copyright and other intellectual property laws and may be used under the "fair use" doctrine in accordance with the Creative Commons Attribution-NonCommercial 4.0 International Public License. You may copy and redistribute Website Materials attributed to CNY Markers in any medium or format for noncommercial use provided appropriate credit is given.

CNY Markers use of Website Materials attributed to third party sources is believed to fall under the "fair use" doctrine. CNY Markers does not claim ownership of these materials. Under Section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, commenting, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact CNY Markers to have the material removed from the website.

PROHIBITED CONDUCT/ACTIVITY

You agree that you will not:

LINKS TO THIRD PARTY WEBSITES

The Website contains links to other websites and resources provided and are provided for your information only. CNY Markers has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the websites linked to our Website, you do this entirely at your own risk.

PRIVACY POLICY

For information about CNY Markers data protection practices and CNY Markers use and protection of your personal information, please read the CNY Markers Privacy Policy which is incorporated into and made a part of these Terms of Use.

NO WARRANTIES

The use of the Website is at your own risk. The Website, Website Materials, and Website Content are provided to you on an “as is,” basis without any warranty of any kind, either express or implied.

Neither the Website nor any person associated with the Website makes any warranty or representation with respect to the completeness, reliability, quality, or accuracy of the Website Content.

EXCLUSION OF LIABILITY

CNY Markers shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with your use of the Website.

You specifically agree that CNY Markers shall not have any liability to you for any reason whatsoever, based upon the Website Content and through the use of the Website.

INDEMNIFICATION

You agree to defend and indemnify CNY Markers, and hold CNY Markers harmless, against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of the Website, your violation of the Terms of Use, or the posting, transmission, or reproduction of any Website Content or Website Materials, including but not limited to, any third party claim that the Website Content or Website Materials, provided by you infringe upon any third party proprietary rights.

SEVERABILITY

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

TERMINATION OF USE

CNY Markers reserves the right to discontinue or alter any or all of the Website at any time at our sole discretion without notice or explanation.

CONTACT INFORMATION

If you have any questions or concerns regarding these Terms of Use or the Website, please visit our Contact CNY Markers page.