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Terms and Conditions

Date of Last Revision: February 5, 2010

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement”) governs our relationship with users and others who interact with My Cass County. By using or accessing My Cass County, you agree to this Statement.

  1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use My Cass County to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

  1. Sharing Your Content and Information

You own all of the content and information you post on My Cass County.  In addition:

    1. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to our Privacy Policy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with My Cass County (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. All content posted on Mycasscounty.com, including content must be from residents of Cass County, Missouri, and said location must be verifiable through Arin Whois Database Search.  Otherwise such content or comment will be deleted and not posted to the site.
  1. Safety

We do our best to keep My Cass County safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on My Cass County.
    2. You will not collect users’ content or information, or otherwise access My Cass County, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on My Cass County.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    8. You will not advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
    9. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on My Cass County without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Guidelines and all applicable laws.
    10. You will not use My Cass County to do anything unlawful, misleading, malicious, or discriminatory.
    11. You will not do anything that could disable, overburden, or impair the proper working of My Cass County, such as a denial of service attack.
    12. You will not facilitate or encourage any violations of this Statement.
  1. Registration and Account Security

My Cass County users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on My Cass County, or create an account for anyone other than yourself without permission.
    2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    3. You will not use My Cass County if you are under 13.
    4. You will not use My Cass County if you are a convicted sex offender.
    5. You will keep your contact information accurate and up-to-date.
    6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    7. You will not transfer your account to anyone without first getting our written permission.
    8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
  1. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

    1. You will not post content or take any action on My Cass County that infringes or violates someone else’s rights or otherwise violates the law.
    2. We can remove any content or information you post on My Cass County if we believe that it violates this Statement.
    3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
    4. You will not use our copyrights or trademarks (including My Cass County and the My Cass County Logos,), or any confusingly similar marks, without our written permission.
    5. If you collect information from users, you will: obtain their consent, make it clear you (and not My Cass County) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    6. You will not post anyone’s identification documents or sensitive financial information on My Cass County.
    7. You will not send email invitations to non-users without their consent.
  1. Mobile
    1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on My Cass County within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  2. Payments

If you make a payment on My Cass County or use My Cass County Credits, you agree to our Payments Terms.

  1. Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

    1. We give you permission to use My Cass County’s Share Link button so that users can post links or content from your website on My Cass County.
    2. You give us permission to use such links and content on My Cass County.
    3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on My Cass County

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  1. About Advertisements on My Cass County

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

    1. You give us permission to use your name and profile picture in connection with that content, subject to the limits you agree to on My Cass County place.
    2. We do not give your content or information to advertisers without your consent.
    3. You understand that we may not always identify paid services and communications as such.
  1. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on My Cass County. The following additional terms apply to you if you place an order through our online advertising portal (“Order”):

    1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
    2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
    3. Your ads will comply with our Advertising Guidelines.
    4. We will determine the size, placement, and positioning of your ads.
    5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.  You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running.
    7. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
    8. We can use your ads and related content and information for marketing or promotional purposes.
    9. You will not issue any press release or make public statements about your relationship with My Cass County without written permission.
    10. We may reject or remove any ad for any reason.

If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:

    1. You warrant that you have the legal authority to bind the advertiser to this Statement.
    2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
  1. Special Provisions Applicable to Pages
    1. Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
    2. You may only administer a My Cass County Page if you are an authorized representative of the subject of the Page.
    3. Pages can only post content and information that pertains to that business.
    4. When you publish content or information to your Page we have no obligation to distribute your content or information to users.
    5. If you collect user information on your Page, Section 9 of this Statement also applies to you.
    6. If you display advertising on your Page, Section 11 of this Statement also applies to you.
    7. You may not establish terms beyond those set forth in this Statement to govern the posting of content by users on a Page you administer, except you may disclose the types of content you will remove from your Page and grounds for which you may ban a user from accessing the Page.
    8. You will restrict access to your Page in order to comply with all applicable laws.
  1. Amendments
    1. We can change this Statement if we provide you notice (by posting the change on the My Cass County Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our My Cass County Site Governance Page.
    2. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the My Cass County Site Governance Page.
    3. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
    4. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
  1. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of My Cass County to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.9, 11.12, 11.13, and 14-18.

  1. Disputes
    1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or My Cass County exclusively in a state or federal court located in Cass County, MO. The laws of the State of Missouri will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cass County, MO for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on My Cass County, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP MY CASS COUNTY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MY CASS COUNTY “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MY CASS COUNTY WILL BE SAFE OR SECURE. MY CASS COUNTY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MY CASS COUNTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MY CASS COUNTY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MY CASS COUNTY ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  1. Definitions
    1. By “My Cass County” we mean the features and services we make available, including through (a) our website at www. My Cass County.com and any other My Cass County branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By “us,” “we” and “our” we mean My Cass County.  By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from My Cass County or provide data to us.
    3. By “information” we mean facts and other information about you, including actions you take.
    4. By “content” we mean anything you post on My Cass County that would not be included in the definition of “information.”
    5. By “data” we mean content and information that third parties can retrieve from My Cass County or provide to My Cass County through Platform.
    6. By “post” we mean post on My Cass County or otherwise make available to us (such as by using an application).
    7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By “active registered user” we mean a user who has logged into My Cass County at least once in the previous 30 days.
    9. By “application” we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
  1. Other
    1. This Statement makes up the entire agreement between the parties regarding My Cass County, and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Statement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.

You may also want to review the following documents:

  • Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.
  • Payment Terms: These additional terms apply to all payments made on or through My Cass County.
  • Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on My Cass County.
  • Promotions Guidelines: These guidelines outline the policies that apply if you have obtained written pre-approval from us to offer contests, sweepstakes, and other types of promotions on My Cass County.
  • How to Report Claims of Intellectual Property Infringement

By Joe Randolph 9:36 pm