the legal stuff
This Website and the services provided to you on and via this Website are provided on an "AS IS" basis. You agree that GDAA reserves the right to modify or discontinue provisions of this Website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The GDAA will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Your Responsibilities and Registration Obligations
Restriction Against Usage by Children
Usage of the Website or its services is not intended for anyone under the age of 18. Anyone under the age of 18 may not register with GDAA.org.
Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or username, whether authorized or not authorized by you. You agree to immediately notify the GDAA of any unauthorized use of your user account, username or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose user account is used. You agree that this Website may expose you to Content that may be objectionable or offensive. The GDAA will not be responsible to you in any way for Content displayed on this Website, nor for any error or omission.
By using this Website or any service provided, you explicitly agree that:
- You will not provide any Content or conduct yourself in any way that may be construed as unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- You will not collect or harvest any information about other users;
- You will not provide, and you will not use this Website to provide, any Content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Website to promote or operate any service or Content without the GDAA's prior written consent;
- You will not provide any Content that may give rise to the GDAA being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
Submission of Content on this Website
By providing any Content to this Website:
- You agree to grant the GDAA a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;
- You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the GDAA the license specified in this section;
- You acknowledge and agree that the GDAA will have the right (but not obligation), at its sole discretion, to refuse to publish, or to remove, or to block access to any Content you provide, at any time and for any reason, with or without notice.
Termination of Usage
The GDAA may terminate or suspend your account or access to all or part of GDAA.org without notice for any conduct which GDAA, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, third party, or service provider of the GDAA. The GDAA reserves the right to prohibit conduct, communication, or Content that it deems to be harmful to users of the Website or its services, the GDAA, any third party, or to violate any applicable law.
You acknowledge that GDAA.org contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted or copyrightable as a collective work under the U.S. copyright laws, and GDAA owns the copyright in the selection, coordination, arrangement, and enhancement of such proprietary Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining the permission of the owner of the copyright or other proprietary rights. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
Distribution/Uploading of Third Party Content
You may upload or otherwise distribute on GDAA.org only Content that is not subject to any copyright or other proprietary rights protection or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain any designation required by the copyright owner. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the GDAA nor its officers, directors, board members, employees, agents, or service providers will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm from such user submission.
Notification of Copyright Infringement
We respect the intellectual property rights of others and require that the people who use the Site do the same. In compliance with the Digital Millennium Copyright Act, the GDAA has procedures for notifying the GDAA of any copyright infringement. Users and other persons can report an infringement to the GDAA to the following individual via mail or via the designated email address:
Attn: Jo Wise
Greater Dayton Apartment Association
3155 Elbee Road Suite 300
Dayton, OH 45439
Any such notice must contain:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and its location on the Website;
- Your email address and your mailing address and/or telephone number;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the same email or address noted above. Any such counter-notice must contain:
- Your electronic or physical signature;
- Your email address and your mailing address and/or telephone number;
- Identification of the material removed;
- A statement, under penalty of perjury, that you have a good faith belief that the material was mistakenly removed;
- Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where the notifying party is located (ii) where your address is located, and that you will accept service of process from the notifying party.
Goods and services of third parties may be advertised and/or may be made available on or through this Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The GDAA will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
Links to Other Websites
GDAA.org may contain links to other websites. The inclusion of such links on GDAA.org does not constitute an endorsement and the GDAA makes no representation or warranties about the Content of these links. The GDAA is not responsible for any third party Content that may be accessed from GDAA.org and any such links are accessed at your own risk. When accessing any such websites through hyperlinks on GDAA.org you agree that GDAA and its affiliates will not be responsible for the actions or Content of any such websites.
If you participate as an advertiser, you are solely responsible for all advertising Content you transmit or submit to the Website or through the GDAA advertiser program, whether created by or for you, including but not limited to: (i) artwork, written Content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the Content and material included in such components; and (ii) Websites and Content proximately reachable from such advertising Content (collectively, "ads"). Prior to providing any ads and participating as an advertiser, you may be required to read and accept additional written terms and conditions governing your submission of ads to GDAA.org (the "Advertiser Agreement"). The GDAA disclaims all liability relating to your ads and you agree to indemnify the GDAA for all losses the GDAA incurs associated with the ads.
By submitting Content for advertising to any public area of any GDAA.org site, you automatically grant to GDAA and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers).
The GDAA does not represent or guarantee the truthfulness, accuracy, or reliability of advertiser Content.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", “AS AVAILABLE” AND THE GDAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
Reservation of Rights
The GDAA reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the GDAA may have in respect of this Website, its Content, and goods and services that may be provided. The use of the GDAA's rights and property requires the GDAA's prior written consent. By making services available to you, the GDAA is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Website or provided services without the GDAA's prior written consent.
Applicable Law and Dispute Resolution
Disclaimer of Endorsement
The GDAA does not endorse the products or services of any of its regular members or affiliates. The GDAA name and logo are proprietary trademarks of the GDAA and may not be used by any regular member or affiliate except the GDAA logo as provided to its regular members or affiliates upon request may be used by a regular member or affiliate in its print or electronic communications to denote membership if and only if that regular member or affiliate is, in fact, a member in good standing with GDAA. No regular member or affiliate shall imply or represent to any third party that GDAA, its employees, board members, agents or assigns endorse any product or service of a regular member or affiliate. Reference to any product, service, hypertext link to a third party, or other information by trade name, trademark, supplier, or otherwise in any advertisement or publication by GDAA does not constitute or imply its endorsement, sponsorship, or recommendation by GDAA. GDAA in its sole discretion shall determine compliance with the foregoing guidelines and reserves the right to suspend or revoke the membership of any regular member or affiliate member if any action or material is non-complying. GDAA may take any action with respect to regular member or affiliate if GDAA believes, in its sole discretion, that the action or material may create liability for itself or any third parties.
- You agree that any claim or cause in respect of this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred.