USE OF THE STAR COMMUNITIES SITE OR ANY OF THE STAR COMMUNITIES MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE OR ANY OF THE STAR COMMUNITIES MATERIALS.
1. ABOUT OUR SITE
STAR Communities provides this Site as a tool for assisting municipalities and counties in setting clear paths for meaningful sustainability. This Site provides information, resources, guidance, and strategies for measurably improving the environmental, economic, and social sustainability as well as the livability of cities and counties. This Site features an online database, products and software services for use by local governments in connection with managing and reporting progress on their sustainability and livability objectives, which are subject to separate terms and conditions. This Site will allow You and other users to submit user-generated or user-created content, post results into the reporting tool, and store or share content.
3. YOUR ACCOUNT
Users may post content, results, text, photographs, images, videos or other content to the STAR Communities Site. Any such content you post shall be your original content and shall not be defamatory, libelous, scandalous, obscene, pornographic or harassing in any way and shall not be posted for any improper motive or purpose. If any part of the content submitted through your account is not your original work, it is your responsibility to obtain consent from the copyright owner of any material that does not originate with you before you post your content to the STAR Communities Site. No posted content should contain any confidential information, and all content may be freely displayed, reproduced or distributed by STAR Communities in any way in any format, with the exception of results inputted into the STAR Communities Reporting Tool, which will only be reproduced in aggregate in accordance with the STAR Customer Program Services Agreement. STAR Communities reserves the right to take down, delete, or remove any improper content or any immoral, scandalous, harassing, infringing, or otherwise inappropriate content. STAR Communities also reserves the right to disable or block your use or access to the STAR Communities Site if you fail to comply with these Terms.
In creating an account and/or posting any content to the STAR Communities Site or to the STAR Communities Materials, you represent and warrant to STAR Communities that all information provided is true, accurate and correct. You may not impersonate someone else, forge results, create or use an account for anyone or any municipality or organization other than yourself or the municipality or organization that You represent, misrepresent your age, provide an email address other than your own, or create multiple accounts or business listings except as otherwise authorized by STAR Communities.
4. AGE LIMITS AND USERS UNDER 14
To create a STAR Communities online account, you must be—and you represent and warrant to STAR Communities that you are—at least 14 years old. This Site is not intended to be used by individuals under 14 years of age. By using any portion of the STAR Communities Site, you are representing and warranting that you meet the required applicable age limits or as otherwise indicated in writing by STAR Communities from time to time.
5. GENERAL RESTRICTIONS ON USE & TERMINATION
Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the STAR Communities Materials, the STAR Communities Site, or any of the content posted to the STAR Communities Site, and you may not create derivative works based on any portion of the STAR Communities Materials, Site or any of the content posted to the STAR Communities Site without the express written consent of STAR Communities. Without limiting the generality of these Terms, you specifically agree not to use the STAR Communities Materials in connection with any of the following, each as determined in the sole discretion of STAR Communities:
- Any illegal or unauthorized use;
- Impersonation of any person or entity;
- Defaming, abusing, stalking, harassing, or threatening any other person;
- Harming minors in any way;
- Posting, storing, or otherwise using the STAR Communities Materials in connection with any content that is obscene, illegal, or sexually explicit;
- Falsely stating or misrepresenting your affiliation with another person or entity;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Accessing or using the account of another without permission;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the STAR Communities Site, including, but not limited to, by means of “hacking” or defacing any portion of the STAR Communities Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the STAR Communities Site;
- Taking any action that imposes or may impose (in the sole discretion STAR Communities) an unreasonable or disproportionately large load on STAR Communities’ servers or infrastructure;
- Interfering with, disrupting, or destroying the servers or networks connected to the STAR Communities Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks;
- “Hacking” or accessing without permission STAR Communities’ proprietary or confidential records or those of any other third party;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the STAR Communities Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from STAR Communities or the STAR Communities Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the STAR Communities Site or STAR Communities Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the STAR Communities Site
- Reproducing, distributing, modifying, transmitting, sharing, or publicly displaying any portion of the STAR Communities Materials any portion of the STAR Communities Site;
- Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the STAR Communities Site or any other STAR Communities Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the STAR Communities Site or any applicable federal, state, or local law or regulation.
6. EMAIL POLICY
You may receive periodic emails from STAR Communities. These emails include, but are not limited to, notifications regarding your account, purchases of STAR Communities products or services, notifications regarding the reporting tool, or other messages. If you would rather not receive email from STAR Communities, please send an email to unsubscribe@STARcommunities.org and you will be unsubscribed from receiving further mailings.
7. INTELLECTUAL PROPERTY RIGHTS
The STAR Communities Materials are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by STAR Communities, all text, graphics, video, data or other content appearing on or posted to the STAR Communities Site, including but not limited to visual interfaces, data, interactive features, graphics, design, compilation, computer code, software, comments, reports and other usage-related data, your account, and all other elements and components of the STAR Communities Materials and Site are owned by STAR Communities or its licensors (collectively “STAR Communities Content”). STAR Communities Content is provided to You by STAR Communities as a tool for assisting municipalities and counties in setting clear paths for meaningful sustainability and livability. You SHALL NOT copy, reproduce, display, distribute, modify, translate, reformat, create derivative works based on, publish, or sell any content on the STAR Communities Site or any of the STAR Communities Materials or any information, software, or services provided by STAR Communities hereunder. STAR Communities Content may be modified from time to time by STAR Communities in its sole discretion. Your use of the STAR Communities Site does not grant you any right, title, interest or license to any such intellectual property appearing on the STAR Communities Site. Any unauthorized use of the content of the STAR Communities Site may subject you to civil or criminal penalties.
Except as expressly set forth herein, you are not granted any right or license, either express or implied, in any STAR Communities Content or any copyright, trademarks, service marks, logos, tag lines, patent, trade secret, right of publicity or other intellectual property or proprietary right of STAR Communities or any of the goodwill associated with any of the foregoing. Any other use of the STAR Communities Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of STAR Communities or its licensors in the STAR Communities Site and any associated IP Rights.
The word mark STAR COMMUNITIES and the associated design as well as the word mark STAR COMMUNITY RATING and the associated design are trademarks of STAR Communities and may not be used without the prior, express, written permission of STAR Communities. The names of brands, companies, or products featured or described on the STAR Communities Site may be separately protected by trademarks owned and controlled by third parties. No license, right or interest in any trademarks of STAR Communities or any other third party is granted under this Agreement.
You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.
8. YOUR REPRESENTATIONS ABOUT YOUR USER CREATED CONTENT
Unless otherwise agreed by us in writing, all content posted by users shall be deemed to be content owned by STAR Communities, and by posting content to the STAR Communities Site, you agree to and hereby do assign all right, title and interest, including all intellectual property rights in all media, now or hereafter known, in and to content you post to STAR Communities. To the extent you retain ownership rights to any content you may submit to the STAR Communities Site, you grant to STAR Communities, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known, in connection with the operation of the STAR Communities Site.
You are legally responsible for the content You post to the Site. If any part of your submission is not your original work, it is your responsibility to obtain consent from the copyright owner of any material that does not originate with you before you post your submission. Failure to comply with this restriction may expose you to liability to STAR Communities and liability to individuals whose copyrights or other rights have been violated. UNDER NO CIRCUMSTANCES SHALL STAR COMMUNITIES OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED OR MADE AVAILABLE THROUGH THE SITE BY YOU OR ANY OTHER USER.
You represent and warrant that all information and data provided to STAR Communities will be true, accurate, unaltered and complete, and will contain no untrue statement or omission of material fact or data. You represent and warrant that you have not tampered with data collected under the STAR Customer Pilot Program.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or STAR Communities’ rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to STAR Communities, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
9. NOTICE OF AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
STAR Communities respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, STAR Communities has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the STAR Communities Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the STAR Communities Site, please send STAR Communities’ Designated Agent (identified below) a notice containing the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.Hilari B. Varnadore,
Director STAR Communities
777 North Capitol Street, NE
Washington, DC 20002
Phone: 1-855-890-STAR (toll-free)
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING STAR COMMUNITIES THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESINGATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that STAR Communities may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at STAR Communities’ sole discretion.
10. LIABILITY LIMITATIONS
YOU ARE USING THE STAR COMMUNITIES SITE “AS IS.” IN NO EVENT SHALL STAR COMMUNITIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE STAR COMMUNITIES SITE, OR THE STAR COMMUNITIES CONTENT, (II) ANY CONTENT CONTAINING ERRONEOUS OR OUTDATED DATA, (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE STAR COMMUNITIES SITE FOR UPLOADING OR STORING CONTENT), (IV) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY IN CONNECTION WITH THE STAR COMMUNITIES MATERIALS, OR (V) ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S SUBMISSION OF CONTENT TO THE STAR COMMUNITIES SITE, PARTICIPATION IN ANY STAR COMMUNITIES CONTEST, OR USE OF THE STAR COMMUNITIES SITE OR THE STAR COMMUNITIES MATERIALS. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE STAR COMMUNITIES SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE STAR COMMUNITIES MATERIALS.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. DISCLAIMER OF WARRANTY
THE STAR COMMUNITIES SITE AND ALL CONTENT, INFORMATION, PROGRAMS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE STAR COMMUNITIES SITE ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. STAR COMMUNITIES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. STAR COMMUNITIES DOES NOT WARRANT THAT STAR COMMUNITIES MATERIALS OR OTHER INFORMATION DISPLAYED VIA THE STAR COMMUNITIES SITE ARE ACCURATE AND FREE FROM ERROR NOR DOES STAR COMMUNITES WARRANT THAT ANY DEFECTS IN THE STAR COMMUNITIES SITE WILL BE CORRECTED OR THAT USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS.
STAR Communities also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing the STAR Communities Site or STAR Communities Materials or your uploading of any content, materials, text, images, video or audio to the STAR Communities Site or any linked sites.
13. LINKS TO THIRD PARTY SITES
The STAR Communities Site may contain links to websites operated by parties other than STAR Communities. Such links are provided for your reference only. STAR Communities does not control such Web sites and is not responsible for their content. STAR Communities’ inclusion of any third party links does not imply any endorsement of the material on such websites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
15. NO ASSIGNMENT
You may not transfer or assign your rights and obligations under this Agreement without the prior, written consent of STAR Communities; however, STAR Communities may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against STAR Communities unless such waiver is in writing signed by STAR Communities.
18. GOVERNING LAW
This Agreement is made under and shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. You consent to the exclusive jurisdiction and venue of the courts of the District of Columbia, USA in all disputes arising out of or relating to the use of this Site. The STAR Communities Materials and Site are intended to be offered from STAR Communities’ location in the United States of America.
You must commence any cause of action or claim against STAR Communities relating to this Site within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
19. INTERNATIONAL ACCESS
This Site can be accessed from countries other than the United States. This Site may contain products or services or references to products or services that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law and regulations.
20. RELATIONSHIP BETWEEN THE PARTIES
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and STAR Communities as a result of this Agreement or use of the STAR Communities Site. You agree not to hold yourself out as a representative, agent, or employee of STAR Communities and STAR Communities shall not be liable for any representation, act or omission by You to the contrary.
21. ENTIRE AGREEMENT
22. RESERVATION OF RIGHTS
STAR Communities reserves to itself any and all rights not expressly granted herein.
23. CONTACT US
Please send any notices, questions, comments, or concerns regarding this website, (other than notifications of claimed copyright infringement) to: hilari@STARcommunities.org
REVISION DATE: March 6, 2013