Welcome to DowntownLewiston.com (the “Site”). Your use of the Site is conditioned on your acceptance, without modification, of the terms and conditions contained herein.
This website is owned and operated by the Lewiston Downtown Association (the “Association”). The Association reserves the right to change or discontinue any aspect or feature of the website, temporarily or permanently, with or without notice to you. The Association maintains this website as a public service to provide information and services.
The Association is not liable for downloaded files. The download, maintenance, and use of files are the responsibility of the Site visitor. Occasionally, Site files are deleted or moved or archived. Replacement of the file(s) is the responsibility of the visitor. Administrators of web sites, outside of the Site, are encouraged to occasionally check links to the Site to make sure the links are active. While the Association strives for accurate information, occasionally information may be reported that is inaccurate. The Association is not liable for inaccurate or incomplete information found or used by the visitor to the Site.
You acknowledge that:
- (i) the Site contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively “Content”);
- (ii) Such Content is provided under license by internet content providers (ICP’s), other users, the Site and its affiliates for use on the Site or its affiliate websites;
- (iii) At a minimum, the Site owns a copyright in the selection, coordination, arrangement, and enhancement of such Content;
- (iv) The Site permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights”);
- (v) These Rights are valid and protected in all media and technologies existing now or later developed; and
- (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright, and other laws govern your use of Content.
Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. The Association does not pre-screen Content as a matter of policy: however, the Association, its affiliated websites, and ICPs shall have the right to display, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither The Association, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by the Association, or its affiliates, or any ICP, with respect to Content on, or Content changes within, the Site or any affiliate websites. You also agree and accept that as new products & services become available on or through the Site, your use of these products & services is subject to this Agreement.
The Site (including, without limitation, text, photographs, video, audio and graphics) is protected by copyright as a collective work or compilation under U.S. copyright laws and those of other countries, and The Association (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. Each article and all content and other elements comprising the Site are also copyrighted works, and The Association (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in the Site.
By posting or submitting content on or to the Site and any subdomains and related pages (text, videos, photographs, audio or otherwise), you are giving The Association, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either as submitted or in a derivative form or as an adapted work), to store said content, and to distribute and/or use said content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submission to the Site, you understand and agree that The Association may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works, either on alone or in combination with other video submissions, and you shall have no rights with respect thereto and The Association or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each submission, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize The Association to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by The Association and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by the Site and this User Agreement. In furtherance of the foregoing, you agree that you will not: (A) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Association all of the rights granted herein; (B) publish falsehoods or misrepresentations that could damage The Association, the Site, or any third party; (C) submit material that is: (1) unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or (2) encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; or (D) post advertisements or solicitations of business. The Association reserves the right to remove or not publish submissions without prior notice. Please be advised this website uses services and products protected by U.S. Patents and patents pending. You agree to indemnify, defend, and hold harmless The Association from any claims arising from your posted or submitted content, including, but not limited to, intellectual property claims.
Notice of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content on the Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Association respects the intellectual property of others, and we ask our members to do the same. The Association may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
Use of Information
You agree to use the Site only for personal, non-commercial, lawful purposes. Accordingly, you may not:
- post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content;
- harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort upon another user of the Site or other person or entity;
- post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed to be universally offensive;
- upload files that contain software or other material protected by U.S. and international laws related to patent, trademark, copyright, and trade secrets (“Intellectual Property Laws”) or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents;
- upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another’s computer;
- post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;
- post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., Event and Business Listings), or collect or harvest screen names of other users, without permission;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas;
- intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or
- 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 Site.
- No purchase necessary: A contest open to residents of the United States of America who are eighteen (18) years of age or older at the time of entry. Void where prohibited. By participating, entrants agree to abide by the following rules.
- To enter: Fill out the entry form and press “Submit” or “Enter.” Limit one entry per person per month.
- Drawing: Winners will be chosen at random each month. The decisions of The Association are final and binding in all matters regarding the contest. Winners will be notified by e-mail. Exchanges not permitted.
- General conditions: Void where prohibited. Winners agree that The Association and all of their respective divisions, subsidiaries, affiliates, parent companies, officers, directors, employees, representatives and agents will have no liability whatsoever, and will be indeminified and held harmless by the winner, for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize, or participation in the sweepstakes. The Association reserves the right, at its sole discretion, to cancel, terminate or suspend this sweepstakes should virus, bugs, unauthorized human intervention, or other causes beyond the control of The Association corrupt or impair the administration, security, fairness or proper play of the contest.
- Internet: If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of The Association that corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, The Association reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the sweepstakes. The Association assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Association is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or failure of any e-mail or entry to be received by The Association because of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in the contest. Note: Any attempt by any person to deliberately damage any website or undermine legitimate operation of the contest is a violation of criminal and civil laws and, should such an attempt be made, The Association reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Shared data: The Association may share data collected through Giveaways, Contents and Coupons with our divisions, subsidiaries and affiliated companies. This will only apply to users who choose to participate in such Giveaways, Contests and Coupons.
- Terms and Conditions associated with each Giveaway: Please see Terms and Conditions associated with each specific promotion for details specific to that promotion.
Disclaimer of Warranties
The information provided herein is provided “as is,” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, The Association disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, The Association disclaims any warranties for other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as for any information or advice received through the products and services or through any links provided in the products and services. The Association similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the products and services. You expressly understand and agree that The Association disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the products and services. The Association disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Association disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the products and services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. The Association makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by The Association. You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
Limitation of Liability
You expressly understand and agree that, under no circumstances, shall The Association or its affiliates or licensors be liable to any user on account of a user’s use or misuse of, and reliance on, the products and services. Such limitation of liability shall apply: (A) to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if The Association or its affiliates or licensors have been advised of the possibility of such damages); (B) whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties); (C) with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services; (D) to the costs of procurement of substitute goods or services, lost profits, or lost data; (E) with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to The Association; (F) notwithstanding any failure of essential purpose of any limited remedy; (G) to the fullest extent permitted by law; and (H) to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored throughout The Association. Under no circumstances shall The Association, its affiliates or licensors, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
User agrees to defend, indemnify and hold harmless The Association, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use of the Site.