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1:31 AM
User Rights and Responsibilities  

 

Your access to and use of the County of Cape May’s website; hereafter, the County Site; is subject to all applicable laws and the following "Terms and Conditions" which may be updated by us from time to time without notice to you. In consideration of your use of the County Site, you accept, without limitation or qualification, the following "Terms and Conditions". In addition, when using any particular Cape May County Government services, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

 

Please feel free to browse the County Site. You may print or download material displayed on the County Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the County Site in whole or part for any purpose, without written permission from Cape May County Government or the owner of such content in each instance.

 1)   Description of Service

Cape May County Government currently provides users with access to a rich collection of on-line resources, including various communications, government records, online information, administrative services, personalized content and branded programming through its website. You understand and agree that the County Site is provided "AS IS" and that Cape May County Government assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the County Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries or other sources. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Cape May County Government maintains the County Site for your personal use, information, education, and communication.

 2)   Your Obligations

 

In consideration of your use of the County Site, you agree to:

 

a.  Use Of Images

 

Images of people or places displayed on the County Site are either the property of, or used with permission by, Cape May County Government. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.

 

b.  Trademark Information

 

The trademarks, logos, and service marks displayed on the County Site are registered and common law trademarks of Cape May County Government and others (collectively the "Trademarks"). Nothing contained on the County Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks without the written permission of Cape May County Government or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the County Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Cape May County Government will aggressively enforce its intellectual property rights to the fullest extent of the law.

 

c.  Cape May County Government Use of Material

 

Subject to any Cape May County Government Privacy Policy, any communication or material you transmit to the County Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting anything to Cape May County Government or the County Site, you grant Cape May County Government or its affiliates an irrevocable, perpetual, worldwide, royalty-free nonexclusive and sub-Iicensable right and license to reproduce, modify, adapt and publish such material, in whole or in part for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media now known or later developed. Furthermore, Cape May County Government is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the County Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. 

 

d. Links 

Cape May County Government has not reviewed the sites linked to the County Site and is not responsible for the content of any off-site pages or any other sites linked to the County Site. Furthermore, the views or opinions contained on said sites (or the group or organization maintaining same) are the views or opinions of those sites only, and not necessarily the views or opinions of Cape May County Government, its agents, officers or employees.  Your linking to the County Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of Cape May County Government.

 

The following "linking agreement" must be abided by to link to the site(s) of Cape May County Government:

    • May link to, but not replicate content
    • Must not create a browser or border environment around content
    • Must not imply that the County is endorsing it or its products
    • Must not misrepresent its relationship with the County
    • Must not present false information about County services
    • Must not use the County Logo, Seal, or Flag
    • Must not contain content that could be considered as distasteful, offensive or controversial, and should only contain content that is appropriate for all age groups.

e.  Cape May County Government User Conduct

Please understand that all information, data text, software, music, sound, photographs, graphics, video or messages or other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the content originated. You, not Cape May County Government, are responsible for all content you upload, post, email or otherwise transmit. Cape May County Government does not guaranty the accuracy, integrity or quality of such content. Cape May County Government is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the County Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, "junk mail”, "spam", "chain letters”, "pyramid schemes”, any other form of solicitation, or software viruses. You acknowledge that Cape May County Government does not pre-screen content posted or transmitted by others, but that it shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable in the sole determination of Cape May County Government. Cape May County Government will fully cooperate with any law enforcement authorities or court order requesting or directing Cape May County Government to disclose the identity of anyone posting any such information or materials.

Legal Notice:
Communications made through the County Site shall in no way be deemed to constitute legal notice to Cape May County Government or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the County or any of its agencies, officers, employees, agents, or representatives, where notice to the County is required by any federal, state or local laws, rules, or regulations.


f.  Disclaimer

Cape May County Government makes a best effort to insure accuracy but offers no warranties or representations as to the accuracy of content on the County Site. Cape May County Government assumes no liability or responsibility for any errors or omissions in the content or operation of the County Site.

g.  Disclaimer of Warranties

Your use of and browsing in the County Site are at your risk. You understand and agree that Cape May County Government assumes no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any communications, payments or personal settings.

Cape May County Government, any of its affiliates, advertisers, its executives and their directors, officers and employees, and any other party involved in creating, producing, or delivering the County Site are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the County Site. Without limiting the foregoing, everything on the County Site is provided to you 'as is" and 'as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Cape May County Government also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the County Site or your downloading of any materials, data, text, images, video, or audio from the County Site.

h.  Modifications to the County Site

Cape May County Government reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the County Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Cape May County Government shall not be liable to you or any third party for any modification, suspension or discontinuance of the County Site.

i.  General Information

This constitutes the entire agreement between you and Cape May County Government regarding use of the County Site, superseding any prior agreement between you and Cape May County Government. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. Cape May County Government may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of Cape May County Government to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and the relationship between you and Cape May County Government shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Cape May County Government agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of New Jersey or the County of Cape May for any disputes or matters arising out of the County Site or use of the County Site.

j.  NOTICE: Specific to software available on the County Site

Any software that is made available to download from the County server ("County-software") is the property of Cape May County Government and/or its suppliers. Use of the County-software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the County-software ("license agreement"). An end user will be unable to install any County-software or that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms. The County-software is made available for downloading solely for use by end users according to the license agreement. Any reproduction or redistribution of the County-software not in accordance with the license agreement is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Cape May County Government hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

k.  NOTICE:  Specific to documents available on the County Site

Permission to use documents (such as white papers, press releases, datasheets and FAQ's) from the County Site is granted, provided that: 

1. the appropriate copyright notice(s) appears on all copies and that both the copyright notice and this permission notice appear,

2. use of such documents from the County Site is for informational and non-commercial or personal use only, and 

3.   
no modifications of any documents or information are made.



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