TERMS OF USE
As of: July 19, 2021.
ACCEPTANCE OF TERMS. These Terms of Use apply to the Durantmainstreet.org (the “Website”) that is owned and operated by the Durant Main Street Inc (“DMS”).
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THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT. YOUR USE OF THE WEBSITE CONFIRMS YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE WEBSITE. YOU MAY NOT USE THE WEBSITE AND MAY NOT ACCEPT THESE TERMS OF USE IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DMS UNLESS YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES TO THESE TERMS OF USE ON YOUR BEHALF. DMS RESERVES THE RIGHT TO CHANGE, MODIFY, ADD TO, DELETE, OR MAKE OTHER ALTERATIONS TO THESE TERMS OF USE BY POSTING THE AMENDED TERMS OF USE ON THE WEBSITE WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF A REVISED VERSION OF THE TERMS OF USE MEANS YOU ACCEPT THOSE CHANGES. DMS’S PRIVACY POLICY ALSO GOVERNS YOUR USE OF THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE REGULARLY.
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1. Copyright; Use of Content. COPYRIGHT 2021 Duran Main Street, Inc., 110 N. 2nd Avenue, Durant, Oklahoma 74701. All rights reserved.
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Some materials on the Website may contain other proprietary notices and copyright information relating to those materials. All photographs, information, materials and other content contained on the Website are owned by DMS, its contributors or licensors. The Website contains original works of authorship that are the proprietary property of DMS, its contributors or licensors, and which are protected under U.S. and International Copyright Laws. It is prohibited to copy, reproduce, republish, upload, post, transmit, distribute, alter or prepare any derivative works of any material from the Website, including without limitation, code, software, photographs, graphics and images, without the prior express written consent of DMS, or as stated on the material.
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If permission is given to use any material, such permission to use, copy and distribute materials delivered from the Website is hereby granted under the following conditions:
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This Section 1 (including the above copyright notice and this permission notice) must appear in all copies;
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a) Any use of the materials available from the Website must be for informational purposes only and in no instance for commercial purposes; and
b) No materials available from the Website can be modified in any way.
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2. Notice for Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, if you believe that your work has been posted on the Website without your permission and infringes upon your copyright, please submit written or email notice to DMS with the following information:
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a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed;
b) A description of the copyrighted work that you claim to have been infringed;
c) A description of the location of the material that you claim to be infringing or to be the subject of infringing activity, including the URL of the location on the Website;
d) Your address, telephone number, and, if available, email address;
e) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, under penalty of perjury, that the information in the above notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.
This can be sent to DMS at 110 N. 2nd Avenue, Durant, Oklahoma 74701 or manager@durantmainstreet.org. If you knowingly materially misrepresent that material or activity is infringing upon a copyright on the Website, you may be liable for any damages, including costs and attorneys’ fees, incurred by DMS as a result of DMS’s reliance upon such misrepresentation.
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3. Disclaimer of Endorsements. Any mention of a product, service, company or sole proprietor in the Website shall not constitute nor be construed as an endorsement of any such product, service, company or sole proprietor by DMS.
4. No Legal or Professional Advice. The information and materials made available on the Website are designed to provide general and useful information with regard to the subject matters covered. The information is made available with the understanding that DMS is not engaged in rendering legal or other professional services. If legal or professional advice or other expert assistance is required, the services of a competent professional should be sought.
5. Links to DurantMainStreet.org. The use of links to the Website located on other websites or contained in emails or other electronic formats must comply with the following:
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a) The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with DMS; and
b) DMS reserves the right to revoke its consent to the link at any time and in its sole discretion.
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6. Links to Third Party Websites. The Website may provide links to websites owned and operated by third parties, which are provided for convenience only. DMS does not own or control third party sites, has not reviewed all the links to nor the content on third party sites. You agree to access the third party links at your own risk and to review the terms of use and privacy policies posted on the third party sites. DMS makes no representations or warranties as to the accuracy or functioning of any third party links, and does not endorse the owner of another site, its contents, or its products or services.
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7. Updates. DMS may update or make changes to the materials provided on the Website at any time without notice; however, DMS makes no commitment to update the information contained herein, and makes no representation or warranty concerning the accuracy of any information.
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8. Indemnity. You agree to defend, indemnify and save harmless DMS and its affiliates and their respective trustees, directors, officers, employees, agents, licensors, representatives, and third party providers to the Website from and against all liability, loss, cost or expense, including reasonable attorneys’ fees, arising from or related to:
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a) your use of and access to the Website;
b) your violation of any term of these Terms of Use;
c) your violation of any third party right, including without limitation any privacy, property or intellectual property rights;
d) your violation of any law, rule or regulation of the United States. This defense, indemnification, and save harmless obligation will survive these Terms of Use and your use of the Website.
9. Miscellaneous. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and enforceable. No action or inaction of DMS shall be construed as a waiver of any part of these Terms of Use. These Terms of Use supersede any prior oral or written understanding or communications between you and DMS and constitute the entire agreement between you and DMS with respect to the subject matter hereof. DMS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address.
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