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Terms of USe

1. BACKGROUND
Purpose: Landicity is intended to engage, entertain, educate, and motivate average individuals about the basics of nature and our land. It is anticipated this technology service and product(s) may be used for education as gifts between individuals, corporations and family and as a community service used to engage people with the land with all its diverse meanings and systems. People can experience this via the web and by walking the real land in person and on site. They can partake in experiential conservation.
Landicity Services: Landicity may provide services which may be utilized by Customer through the processes and products provided via the site including interface software and devices, virtual reality virtual trips, holographic interaction robotics, web cams, photos tactile senses of touch, hearing, sight, smell, retail products, cell phones, phones, personal digital assistants podcast email instant messaging, social networked communities or through the use of other communication devices.

2. COPYRIGHT AND USAGE OF CONTENT
The copyrights and other rights to the materials on this Website are owned by MeCC Inc. and licensed to Landicity Maine LLC and/or its subsidiaries worldwide. You are authorized to view, download and reproduce the materials at this Website only for your internal information provided that you
1) retain all notices contained in the original materials
2) only use images with surrounding text relating to the images, and
3) include the following copyright notice: ©Landicity-Maine LLC. All rights reserved.

No further publication or commercial use may be made of the materials on this Website without the express written permission of Landicity-Maine LLC.
You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Website or its content.

3. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Landicity may offer to provide certain services, as described more fully on the Site, and which may be utilized by Customer through the processes provided on the Site, through electronic devices such as but not limited to virtual reality, holographs, cameras, sensors, cell phones, phones, personal digital assistants, podcast, email, instant messaging, social networked communities or through the use of other communication devices ("Services"), solely for Customer's own personal, non-commercial use, and not for the use or benefit of any third party.
Services shall include, but not be limited to, web interaction, document delivery, membership purchase and services, communication and messaging services and any other services Landicity performs for or on behalf of Customer, as well as the offering of any Content (defined below) on the Site.

Except as noted separately in Landicity Bill of Rights and Landicity Stewardship Deed documents included elsewhere and separately on the site, Landicity may change, suspend or discontinue the Services at any time, including the availability of any feature, service, or content. Landicity may also impose limits on certain features and services or restrict Customer's access to parts or all of the Services without notice or liability. Landicity reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Customer a notice via email or other form of written notice. Customer shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Customer following such notification constitutes Customer's acceptance of the terms and conditions of this Agreement as modified.

Customer certifies to Landicity that if Customer is an individual ( i.e., not a corporation), Customer is eighteen years of age or older. Customer also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to use the Services and access the Site is revoked in such jurisdictions.

4. SITE CONTENT
The Site and its contents and the Services are intended solely for the use of Landicity Customers and may only be used in accordance with the terms of this Agreement. All materials displayed, distributed or performed on the Site or through the use of the Services (including, but not limited to text, software, scripts, graphics, photos, sounds, music, videos, logos, interactive features and the like, also known as "Content") are protected by copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Customer shall abide by all copyright notices and trademark, information, and other restrictions contained in any Content accessed on the Site or through the Services. Customer may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Customer may not utilize the Content in any way other than as expressly provided in this Agreement. Customer shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. Copyright laws, international conventions, and other intellectual property laws. Customer may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. The foregoing restrictions with respect to Content do not apply to Customer's own Talks (see section 3).

5. CUSTOMER COMMUNITY & COMMUNICATION
Landicity may now or in the future permit Customer to utilize the Services to enable audio, text, video, voice or other communications submitted by Customer to be delivered, hosted, shared, performed or otherwise published to other Landicity Customers (or third parties known to Customer) that have consented to receive such communications from Landicity and Customer ("Talk").
Customer understands and acknowledges that Landicity does not guarantee the confidentiality, transmission, or accuracy with respect to any Talk. Customer warrants, represents and agrees that it will not contribute any Talk that are infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party. Landicity reserves the right to reject or disable access to any Talk at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Talk or if Landicity is concerned that Customer may have breached the immediately preceding sentence), or for no reason at all.

As between Landicity and Customer, Customer shall retain ownership rights in all Talk; however, Customer hereby grants Landicity a worldwide, nonexclusive, royalty-free, sub-licensable and transferable license to reproduce, distribute, display, and perform the Talk in connection with Customer's use of the Services, Site and Company's (and its successor's) business. Customer also acknowledges and agrees that the Service (now or in the future) will enable Message recipients to forward, save, delete, or reply to that message much like any texting, voicemail or email system and Customer hereby consents thereto.
Landicity does not endorse any Talk or any opinion, recommendation, or advice expressed therein, and Landicity expressly disclaims any and all liability in connection with Talk. If you are a copyright owner or an agent thereof and believe that any Message or other content infringes upon your copyrights, you may submit a notification in accordance with Company's Copyright Dispute Policy.

6. RESTRICTIONS
Customer is responsible for all of its activity in connection with the Services, including texting, audio, video, email, messages, and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Customer's right to Services or to access the Site. Customer may not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing" message designed or intended to obtain password, account, or private information from any Landicity Customer.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Customer will not run Mail list, List Service, any form of auto-responder, bots, or "spam" on the Site or through use of the Services, or any processes that run or are activated while the Customer is not logged in. Further, Customer shall not run any automated calling robot or system or otherwise misuse the Services to violate any third party rights, including but not limited to SMS spoofing.

7. WARRANTY DISCLAIMER
Landicity has no special relationship with or fiduciary duty to Customer. Customer acknowledges that Landicity has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content or Talk Customer accesses or receives via the Site or Services; what effects the Content or Talk may have on Customer; how Customer may interpret or use the Content or Talk; or what actions Customer may take as a result of having been exposed to the Content or any Talk. Customer releases Landicity from all liability for Customer having acquired or not acquired Content or Talk through the Site or Services. The Site may contain, or direct Customer to sites containing, or Customer may receive Talk containing information that some people may find offensive or inappropriate.

Landicity makes no representations concerning any Content or Talk contained in or accessed through the Site or any Services provided, and Landicity will not be responsible or liable for the accuracy, transmission, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.

ALL USE OF THE SERVICES, CONTENT, SITE, MESSAGES, AND ANY SOFTWARE SHALL BE AT CUSTOMER'S OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): ALTHOUGH LANDICITY COMMITS TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF ITS PRIVACY POLICY, WE MUST ADVISE YOU THAT LANDICITY CAN MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES.

Accordingly, Landicity will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content or Talk stored on Company's equipment and transmitted over networks accessed by the Site, or otherwise connected with Customer's use of the Services.

8. REGISTRATION AND SECURITY
As a condition to using Services, Customer may be required to register with Landicity and select a pin and/or password and Customer name ("Landicity User ID"). Customer shall provide Landicity with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Customer's account. Customer may not (i) select or use as a Landicity User ID a name of another person with the intent to impersonate that person; or (ii) use as a Landicity User ID a name subject to any rights of a person other than Customer without appropriate authorization. Landicity reserves the right to refuse registration of, or cancel a Landicity User ID in its discretion. Customer shall be responsible for maintaining the confidentiality of Customer's Landicity password. Landicity will not be liable for any losses caused by unauthorized use of Customer's Landicity User ID, but Customer may be liable for the losses of Landicity or others due to such unauthorized use.

9. INDEMNITY
Customer will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Customer's access to the Site, use of the Services (including the sending or receipt of Talk), the violation of this Agreement by Customer, or the infringement by Customer, or any third party using the Customer's account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. IN NO EVENT SHALL LANDICITY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, AND NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF LANDICITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE USE OF THE SERVICES OR U.S. $50.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

10. FEES
Landicity fees are as noted on the Site. Some of the Services may require Customer to pay certain third-party fees. Customer shall be responsible for all applicable fees associated with use of the Services, including without limitation, any connection or usage fees incurred for the transmission, receipt, or delivery of Service and Community Talk. Landicity shall have no liability to Customer for any fees incurred in connection with the Services.

11. PURCHASE AND SALE
Customer also acknowledges he/she has read, fully understands, and agrees the he/she enters this site with the full understanding that no title to any land through the Landicity Stewardship Member shall occur until Landicity completes and adheres to the terms of its option purchase and sale agreement to the larger parcel.

As a condition of purchase and using services of the Landicity Stewardship Membership and use of the site, customer acknowledges and agrees that membership and/or Landicity Stewardship Deed can not be re-sold, conveyed, transferred, or assigned before the first anniversary of your purchase and/or gift registration.

Gift registration and/or assignment must occur within 30 days of original purchase and registration.
After the first anniversary of the original purchase, customer is allowed to transfer, assign, or otherwise change registered ownership only through Landicity by 1) selling ownership back to Landicity, or 2) by using the Landicity Auction system and only available to existing Landicity Stewardship Members, or 3) by agreement and personal transaction to another duly registered and current Landicity Stewardship Member. Customer can not sell the Landicity Stewardship Membership and/or the Landicity Stewardship Deed in any other manner, commercially, and including other auction sites such as eBay and Amazon.

No transfer is valid until duly registered through and by Landicity. Landicity will have transfer transaction charges that may include re-issue of a deed, registration of a new name on deed, and a transaction handling fee for re-assignment, swaps, or other owner transfer of deeds. Appropriate handing charges may also apply.
Customer acknowledges Landicity may modify these limitations at its sole discretion.

11.a. REFUND POLICY
We will refund the purchase price of non-digital Landicity Membership and Stewardship Deeds prior to and within the first 30 days after purchase.  If a member violates any terms of use or other Landicity provided rights, that member is immediately terminated without refund or recourse.

12. CUSTOMER ACCESS LIMITATIONS TO THE LAND
Prior to physically visiting the land Customers must apply for a Landicity Access Permit and receive the Landicity-issued permit to access and/or use the land. This application is available to all members through the site. A permit is not automatically issued to any member. Landicity limits and restricts individual access to the land to ensure adequate protection of the entire integrated community and environment. Landicity, at its sole discretion, issues permits after an individual application.

If any individual accesses/uses the land without prior application and without possession of the properly executed Landicity Access Permit, he/she immediately forfeits any membership rights and benefit and all membership rights are immediately terminated without refunds.

13. TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. Landicity may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Customer breaches any of the terms or conditions of this Agreement.

Upon termination of the Customer's account, Customer's right to use the Services, send or receive Talk, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Landicity shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sub-licensable by Customer except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Maine without regard to the conflict of laws provisions thereof.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Landicity in any respect whatsoever.

15. VIOLATION OF THESE TERMS
Landicity may, in its sole discretion terminate or suspend your access and use of this Web site immediately, without refund of any payments and without notice or liability to you if you breach these Terms.

16. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by relevant Maine and federal laws. Consent is hereby granted by both parties to the exclusive jurisdiction and venue in the state and federal courts situated in Cumberland County, Maine U.S.A.

This Terms of Use was last revised on 19-April-2009


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