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TERMS OF USE
AGREEMENT
Welcome to the Western
Cherokee
Nation Tribal Government's informational web site at TribalGov.info
("Site") which is owned by a Western Cherokee Tribal Member and
perpetually held in trust for the Citizens of the Western Cherokee
Nation in cooperation with the Western Cherokee Nation's Tribal
Government. This Site is operated by the Western Cherokee
Nation's Tribal Government for the exclusive use of it's tribal members
and materials on the Site are owned, for the most part, by same.
The Site may also include materials owned by third parties and posted
on the Site by virtue of a license, grant or some other form of
agreement between the third party and the Western Cherokee Nation's
Tribal Government.
The Western Cherokee
Nation's
Tribal Government has created this Site for your
use as an online resource that to research any
and every aspect of official tribal administration, at any time of the
day or night. However, you are only authorized to access this Site or
to use the materials contained in the Site (regardless of whether your
access or use is intended) if you agree to abide by all applicable
laws, and to these Terms of Use which constitute an Agreement between
you and The Western Cherokee Tribal Government. Please read these Terms
of Use carefully and save them. If you do not agree with them, you
should leave this Site immediately. Any questions or comments
regarding, or problems with, this Site should be sent to the Site
Administrator at webmaster@tribalgov.info.
The Western Cherokee
Nation's
Tribal Government reserves the right to modify or amend this
Agreement without notice at any time. It is therefore important that
you read this page regularly to ensure you are updated as to any
changes.
If you become aware of
misuse of
this Site by any person, please contact the Site Administrator with
your concerns.
Access and Use
All materials contained in this Site are protected by international
trademark and copyright laws and must only be used for personal,
noncommercial purposes. This means that you may only view or download
material from this Site for your own use and you must keep all
copyright and other proprietary notices attached to the downloaded
material.
The reproduction,
duplication,
distribution (including by way of email, facsimile or other electronic
means), publication, modification, copying or transmission of material
from this Site is STRICTLY PROHIBITED unless you have obtained the
prior written consent of The Western Cherokee Nation's Tribal
Government or unless it is expressly permitted by this Site. The
material covered by this prohibition includes, without limitation, any
text, graphics, logos, photographs, audio or video material or stills
from audiovisual material available on this Site. The use of materials
from this Site on any other web site or networked computer environment
is similarly prohibited.
Requests for
permission to
reproduce or distribute materials found on this Site can be made by
contacting the Western Cherokee Nation's Tribal Government in writing
at:
- Western
Cherokee Nation Tribal Capitol Complex
- Attn:
Information Technologies Dept.
- 301
East Tenth Street
- Salem,
Missouri 65560
You are also strictly
prohibited
from creating works or materials that derive from or are based on the
materials contained in this Site including, without limitation, fonts,
icons, link buttons, wallpaper, desktop themes, online postcards and
greeting cards and unlicensed merchandise. This prohibition applies
regardless of whether the derivative materials are sold, bartered or
given away.
Bulletin
Boards and Chat Rooms
As a tribal member, you are welcome to post, transmit or submit
messages and other materials (which include uploading files, inputting
data or any other materials or engaging in any form of communication in
connection with this Site) (collectively "Messages") to bulletin
boards, chat rooms or other public areas within, or in connection with,
this Site (collectively "Forums"). However, the Western Cherokee
Nation's Tribal Government accepts no responsibility whatsoever in
connection with or arising from such Messages. In addition, children
under the age of 13 are not authorized to post messages or participate
in forums on this site.
The
Western Cherokee Nation's Tribal Government does not endorse and
has no control over the content of Messages submitted by others to
Forums. Messages submitted to Forums are not necessarily reviewed by
the Western Cherokee Nation's Tribal Government prior to posting
and do not necessarily reflect the opinions or policies of the Western
Cherokee Tribal Government. The Western Cherokee Nation's Tribal
Government makes no warranties, express or implied, as to the content
of the Messages in the Forums or the accuracy and reliability of any
Messages and other materials in the Forums. Nonetheless, the
Western Cherokee Nation's Tribal Government reserves the right,
without notice or explanation, to prevent you from submitting
Materials to Forums and to edit, restrict or remove such Messages for
any reason at any time.
The
Western Cherokee Nation's Tribal Government assumes no
responsibility for actively monitoring Forums for inappropriate
Messages. If at any time the Western Cherokee Nation's Tribal
Government chooses, in its sole discretion, to monitor the
Forums, the Western Cherokee Nation's Tribal Government
nonetheless assumes no responsibility for the content of the Messages,
no obligation to modify or remove any inappropriate Messages, and no
responsibility for the conduct of the user submitting any Message. In
submitting Messages to Forums, you agree to strictly limit yourself to
discussions about the subject matter for which the Forums are intended.
You agree that the Western Cherokee Nation's Tribal Government
accepts no liability whatsoever if it determines to prevent your
Messages from being submitted or if it edits, restricts or removes your
Messages. You also agree to permit any other user of this Site to
access, view, store or reproduce the material for that other user's
personal use and not to restrict or inhibit the use of the Site by any
other person.
You
agree
that you will not submit Messages to Forums that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane or
indecent including any communication that constitutes (or encourages
conduct that would constitute) a criminal offense, gives rise to civil
liability or otherwise violates any local, tribal, state, national or
international law;
• violate the copyright, trademark or other intellectual property
rights of any other person. By submitting Messages to Forums, you
represent to the Western Cherokee Nation's Tribal Government that you
are the rightful owner of such material or that you have first obtained
permission to submit the material from the rightful owner;
• improperly assume or claim the identity, characteristics or
qualifications of another person
• are for purposes of spamming
• contain any virus or other harmful component
• are libelous, or an invasion of privacy or publicity rights or any
other third party rights; or
• are for commercial purposes or contain advertising or are intended to
solicit a person to buy or sell services or to make donations.
You
agree
that any Message whatsoever submitted by you becomes the property of
the Western Cherokee Nation's Tribal Government and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly
performed, published, displayed or deleted as the Western Cherokee
Nation's Tribal Government sees fit.
You
agree
to release the Western Cherokee Tribal Government, its respective
employees, agents, officers, directors and members, from any and all
liability and obligations whatsoever in connection with or arising from
your use of Forums. If at any time you are not happy with the Forums or
object to any material within Forums, your sole remedy is to cease
using them.
Unsolicited
Submissions
The Western Cherokee Nation's Tribal Government does not
knowingly accept unsolicited submissions including, without limitation,
articles, characters, drawings, information, suggestions, ideas or
concepts. If unsolicited submissions are sent to the Western Cherokee
Nation's Tribal Government via this Site, however, these submissions
become the property of the Western Cherokee Nation's Tribal Government
and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted as the
Western Cherokee Nation's Tribal Government sees fit. You agree that
you are not entitled to any compensation, credit or notice whatsoever
and that by sending an unsolicited submission you waive the right to
make any claim against the Western Cherokee Tribal Government, its
parents or affiliates relating to unsolicited submissions, including,
without limitation, unfair competition, breach of implied contract or
breach of confidentiality.
Employment
Opportunities
The Western Cherokee Nation's Tribal Government may, from time to
time, post tribal employment opportunities on the Site and/or
invite users to submit resumes to it. If you choose to submit your
name, contact information, resume and/or other personal information to
the Western Cherokee Nation's Tribal Government in response to
employment listings, you are authorizing the Western Cherokee Nation's
Tribal Government to utilize this information for all lawful and
legitimate hiring and employment purposes. The Western Cherokee
Nation's Tribal Government also reserves the right, at its sole
discretion, to forward the information you submit to its Tribal
Departments for screening, consideration and other legitimate
business purposes. Nothing in these Terms of Use or contained in the
Site shall constitute a promise by the Western Cherokee Nation's Tribal
Government to interview, hire or employ any individual who submits
information to it, nor shall anything in these Terms of Use or
contained in the Site constitute a promise that the Western Cherokee
Nation's Tribal Government will review any or all of the information
submitted to it by users.
Linked
Sites and Advertising
If you are interested in creating hypertext links to a Western
Cherokee web site, you must use only this URL: http://www.westerncherokee.com
This particular site (www.tribalgov.info
) is intended to be for the exclusive use of
it's tribal members. In establishing hypertext links, you must not
represent in any way, expressly or by implication, that you have
received the endorsement, sponsorship or support
of westerncherokee.com or the Western Cherokee Tribal
Government, including its respective employees, agents, directors,
officers and tribal members.
If
the
Western Cherokee Nation's Tribal Government has provided links or
pointers to other web sites, no inference or assumption should be made
and no representation should be implied that the Western Cherokee
Nation's Tribal Government is connected with, operates or controls
these web sites.
The
Western Cherokee Nation's Tribal Government is not responsible
for the content or practices of third party web sites that may be
linked to this Site. This Site may also be linked to other web sites
operated by the Western Cherokee Nation's Tribal Government or it's
Missouri nonprofit corporation. When visiting other web sites, however,
you should refer to each such web site's individual "Terms of Use" and
not rely on this Agreement.
The
Western Cherokee Nation's Tribal Government takes no responsibility for
third party advertisements which are now or may in the future
be posted on this Site, nor does it take any responsibility for
the goods or services provided by its advertisers.
Disclaimer
of Liability and Warranties
While the Western Cherokee Nation's Tribal Government does its best to
ensure the optimal performance of the Site, you agree that you use this
Site and rely on material contained in this Site at your own risk.
The
Site,
and all materials in this Site, are provided "as is" and, to the
fullest extent permitted by law, are provided without warranties of any
kind either express or implied. This means, without limitation, that
the Western Cherokee Nation's Tribal Government DOES NOT WARRANT that
the Site is fit for any particular purpose; that the functions
contained in the materials in the Site will be uninterrupted; that
defects will be corrected; that the Site is free of viruses and other
harmful components or that the Site is accurate, error free or reliable.
You
acknowledge that the Western Cherokee Nation's Tribal Government and
third party content providers, their parents and affiliates together
with their respective employees, agents, directors, officers and
shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures,
errors, omissions, interruptions, deletions, defects, viruses,
communication line failures or for the theft, destruction, damage or
unauthorized access to your computer system or network.
You
acknowledge that the Western Cherokee Nation's Tribal Government is not
liable for any defamatory, offensive or illegal conduct or material
found in connection with this Site, including such conduct or material
transmitted by any means by any other person.
You
acknowledge that the Western Cherokee Nation's Tribal Government and
third party content providers are not liable for any damages,
including, without limitation, direct, incidental, special,
consequential or punitive damages, in connection with or arising from
your use or from your inability to use the Site.
Indemnity
You agree to defend, indemnify and hold harmless the Western Cherokee
Tribal Government, its nonprofit corporation(s), it's affiliates
together with their respective employees, agents, directors, officers
and members, from and against all the liabilities, claims, damages and
expenses (including reasonable attorney's fees and costs) arising out
of your use of this Site; your failure to use the Site; your breach or
alleged breach of this Agreement or your breach or alleged breach of
the copyright, trademark, proprietary or other rights of third parties.
Termination
The Western Cherokee Nation's Tribal Government reserves the
right to immediately terminate your use of, or access to, this Site at
any time if the Western Cherokee Nation's Tribal Government
decides at its sole discretion that you have breached this Agreement or
any relevant law, rule or regulation or you have engaged in conduct
that the Western Cherokee Nation's Tribal Government considers to be
inappropriate or unacceptable.
Copyright
Infringement
If you believe that any material contained in this Site infringes your
copyright, you should notify the Western Cherokee Nation's Tribal
Government of your copyright infringement claim in accordance with the
following procedure.
The
Western Cherokee Nation's Tribal Government will process notices
of alleged infringement which it receives and will take appropriate
action as required by the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws. The DMCA requires that
notifications of claimed copyright infringement should be sent to the
Western Cherokee Nation's Tribal Government Information Technologies
Department:
- Western
Cherokee Nation's Tribal Government Complex
- Information
Technologies Dept.
- 301
East Tenth Street
- Salem,
MO 65560
To
be
effective, the notification must be in writing and contain the
following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the
service provider to locate the material;
- Information reasonably
sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be
contacted;
- A statement that the
complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law;
- A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Other
This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining provisions.
This Agreement is governed by,
and construed in accordance with, the laws and regulations of the
Western Cherokee Nation's Tribal Government without giving effect
to any principles of conflicts of law. You agree to submit to the
exclusive jurisdiction of the Western Cherokee Nation's Tribal
Government for resolution of any dispute, action or proceeding
arising in
connection with this Agreement or your use or nonuse of the Site, and
you further irrevocably waive any right you may have to trial by jury
in any such dispute, action or proceeding.
Trademarks
All trademarks, service marks and trade names used on the Site are the
property of their respective owners, and all of the above trademarks
may not be copied, downloaded or otherwise exploited without the
permission of the Western Cherokee Nation's Tribal Government or
the owner of such trademark, service mark or trade name, except as
explicitly permitted in these Terms of Use.
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