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Terms of Service

Terms of Service

This statement of Terms of Service (TOS) governs the use of cityofeurekasprings.us (henceforth The City of Eureka Springs Website).
By accessing or using The City of Eureka Springs Website, you agree to the following terms.
1) Privacy:
Your privacy is very important to us. We have taken great care in developing a privacy policy for your protection and outs. We encourage you to read it in full so that you may make the informed decisions necessary to achieve the most of The City of Eureka Springs Website.
2) User Accounts:
In order to participate in The City of Eureka Springs Website Comment Blog, a user must first register an account. The following rules apply to the creation and maintaining of all user accounts
a) Users are limited to a single account only. Creating multiple accounts are grounds for an immediate ban of all accounts.
b) Usernames must not contain foul language, spam, racist, sexist, homophobic or any other hateful language
c) You are responsible for the security of your account. Only you know the password and our programmers cannot even retrieve them. If violations occur on your account because it was hijacked by someone else, then your account will remain banned.
d) You may not change your username. Pick a name you like when you register and make sure you will continue to like that name.
e) Keep a valid email address associated with your account at all times. The City of Eureka Springs will never disclose your email to parties outside of The City of Eureka Springs staff.
f) Users may upload “avatars” or images associated with their accounts. These images appear on all content associated with you and provide an easy way to identify you as the author. Images may not be pornographic or hateful. The City of Eureka Springs Website reserves the right to remove any avatar we feel objectionable to the overall vision of The City of Eureka Springs Website.
g) Users may specify a “signature”, which is a small piece of text automatically appended to all their comments. Signatures must be no more than 2 lines and adhere to our commenting policy.
h) Your public profile is just that, public. By providing information such as biography, Facebook, homepage or Twitter links, or any other information, you recognize that this information will be viewable by all users. If you do not want this information known then do not fill it in. All this information is voluntary and used to help build a vibrant community.
3) Commenting:
The City of Eureka Springs Website takes pride and a vibrant and lively discussion on our posts. In order to insure that, we ask all our readers to adhere to the following commenting rules:
a) Keep all comment’s on topic. This includes the main comments of the post and all sub-threads within that post’s comments.
b) Will not post comments that contain spam, malware, Trojans or any other items harmful to the community. Failure to comply with this rule is grounds for an immediate ban.
c) User will not engage in, for example (racism, sexism, homophobia, anti-Semitism or other intolerance).
d) Not post comments that are obscene, hateful, threatening or wishing acts of violence against other.
e) Will not engage in “flame-baiting” or trolling.
f) Will opt to ignore users before engaging in any of the above.
g) Keep all discussions civil. Everyone has a right to disagree, but do so respectfully and refrain from name calling.
h) Give proper attribution to all copied content and keep said copied work to a maximum of three paragraphs
i) Will not repost the same content numerous times. (Spamming)
j) Understand that The City of Eureka Springs Website staff reserves the right to edit or delete any comment for the purpose of; compliance with the TOS and/or privacy policy, content and clarity. We also reserve the right to edit content for any reason not stated above.
4) The City of Eureka Springs Website Staff:
The City of Eureka Springs Website employs a staff to moderate our site. The decisions of The City of Eureka Springs Website staff are final and not open for debate. Please respect the decisions of our staff as our goal is to make The City of Eureka Springs Website a friendly and informative place.
Violations of certain parts of these terms may result in a warning being issued to the user. Before you can continue using the site you must acknowledge your receipt of the warning.
6) Bans:
We reserve the right to ban any user who has violated this TOS. Bans maybe either permanent or temporary depending on the reason for said ban. Any attempt to circumvent the ban will be grounds for a further action.
7) Termination:
The City of Eureka Springs Website may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cityofeurkasprings.us account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8) Disclaimer of Warranties: 
The Website is provided “as is”. The City of Eureka Springs Website and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The City of Eureka Springs Website nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9) Limitation of Liability: 
In no event will The City of Eureka Springs Website, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. The City of Eureka Springs Website shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10) General Representation and Warranty:
You represent and warrant that (i) your use of the Website will be in strict accordance with The City of Eureka Springs Website Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11) Indemnification:
You agree to indemnify and hold harmless The City of Eureka Springs Website, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12) Miscellaneous:
This Agreement constitutes the entire agreement between The City of Eureka Springs Website and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The City of Eureka Springs, or by the posting by The City of Eureka Springs of a revised version.

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