1. Scope of the Services
The Services are a means for OLCC to provide information relating to OLCC services, programs, objectives, missions, and projects to the public and its customers, and to support OLCC’s regulatory activities.
2. Account Registration
Some Services may require that you have an account with OLCC. Accounts can be created by you. You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the Services. OLCC is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
3. Your Personal Information
You agree to our use of your personal information and content in accordance with these Terms of Service and our Privacy Policy, which is incorporated into these Terms of Service by reference. The OLCC is an agency of the State of Oregon and is subject to public records laws.
4. Intellectual Property
All content included on or through the Services, such as text, graphics, designs, logos, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of OLCC or its licensors. The Materials are protected by copyright, trademark, and other intellectual property laws.
Any trademarks, service marks, and logos we use are the intellectual property of OLCC. Third-party intellectual property that appears in connection with the Services is the property of the respective owners. You may not use any of the intellectual property displayed in connection with the Services without the express written permission of the owner of such intellectual property.
A. Limited License
OLCC hereby grants you a personal, royalty-free, non-assignable, and non-exclusive license to use the Materials you interact with as part of the Services for the sole purpose of interacting with the Services. This license is subject to the license restrictions below.
Unless prohibited by law or you have our written permission, you may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software;
- Reverse engineer or attempt to extract the source code of our software;
- Download, print, copy, distribute, or otherwise use materials for commercial purposes, including commercial publication, sale, or personal gain;
- Use any manual process or robot, spider, scraper, or other automated means to collect information or Materials from the Services or from users of the Services;
- Circumvent any of the technical limitations of the Services or interfere with the Services, including by preventing access to or use of the Services by other users;
- Change or remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Materials; or
- Impersonate any person or entity or misrepresent yourself or your entity in connection with the Services, or attempt to use another user’s account without the user’s permission.
B. Third-Party Services
The Services may contain links to websites, applications, or products and services operated by other companies (“Third-Party Services”). OLCC retains the right to make all decisions as to the placement of links to external sites or pages from the Services. However, even where a link to an external page or site may be included on our Website, OLCC is not responsible for and does not endorse or sponsor the content of any third-party website, mobile app or service; these are provided to you merely as a convenience. Third-party websites, mobile apps and services are governed by the terms and privacy practices of those third parties. You access any Third-Party Services at your own risk. We expressly disclaim any liability for these Third-Party Services.
C. User Content
Your feedback and participation are important to us. With respect to any content you submit or make available to OLCC (including through our “Contact Us” page), such as comments, suggestions, pictures, videos, or other content, including information that may identify or locate you, you are reminded that OLCC has obligations under Oregon’s Public Records Laws. As noted previously, personal information we collect from you is subject to OLCC’s Privacy Policy and may otherwise be required for OLCC to conduct its regulatory activities.
You are solely responsible for your user content. You represent and warrant that your user content does not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights or violating the privacy rights of another person.
You hereby grant to OLCC a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, and create derivative works from any content you submit or make available to OLCC through the Services. OLCC may use the content to operate, promote, and improve our Services, develop new Services, and for other purposes allowable under applicable law. This license continues even if you stop using our Services.
In the event you submit or post any information or suggestions, proposals, or ideas about the Services, you agree that those submissions will be treated as non-confidential and non-proprietary. We may use your feedback without any obligation or credit to you.
- C.2. User Content Is Not Prescreened
We do not prescreen content posted by users and cannot guarantee the Services will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful, or otherwise objectionable. We have no liability relating to any user content or activities of users through the Services. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. If you have concerns about any content posted by another user, please contact us at: OLCC.generalinfo@Oregon.gov
D. Links to Our Website
OLCC may allow third party websites, which may include Third-Party Services, to link to our Website in accordance with the following conditions:
- The appearance, position, and other aspects of the link to our Website may not damage or dilute the goodwill associated with OLCC’s name and trademarks or be displayed in any manner that is likely to cause confusion to the public or disparage or discredit OLCC;
- The appearance, position, and other attributes of the link to our Website may not create the false impression that an organization or entity is sponsored by, affiliated with, or associated with OLCC or that views expressed on the third-party website are those of OLCC. OLCC reserves the right to require that the linking website include a notice stating that it is not endorsed, sponsored, or affiliated with OLCC or an official OLCC website and that any views expressed on the third-party website are not those of OLCC; and
- When selected by a user, the link to our Website must display the OLCC website in full screen, not within a frame on the third-party website.
5. Termination
We reserve the right in our sole discretion to (i) suspend or terminate your account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or devices.
6. Your Representations and Warranties
You represent and warrant that: (i) you are at least 13 years old; (ii) you have and will provide accurate and current information about yourself; (iii) you are eligible to interact with the Services and have the right and power to enter into these Terms of Service; (iv) you will comply with all federal, state, and local laws applicable to your interaction and use of the Services; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms of Service.
7. Warranty Disclaimer
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. Your interaction with and use of the Services and Materials at your own sole risk. Although OLCC strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, or complete.
TO THE FULLEST EXTENT PERMITTED BY LAW, OLCC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. OLCC does not warrant that the Services will be continuous, prompt, secure, or error-free. OLCC assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Services. OLCC assumes no responsibility, and will not be liable for, any damages to your equipment, devices, or other property arising from your interaction with the Services.
8. Limitation of Liability; Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLCC AND ITS COMMISSIONERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS ARE NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR YOUR INTERACTION WITH THE SERVICES.
OLCC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTIES. PLEASE REVIEW THEIR TERMS OF USE AND PRIVACY PRACTICES BEFORE USING THEIR SERVICES.
9. Indemnity
You agree to defend, indemnify, and hold harmless OLCC and its commissioners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, without limitation, your user content or any use of the Materials other than as expressly authorized in these Terms of Service.
10. Electronic Communications
By interacting with the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, promotion or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and OLCC may be recorded and stored. All such communications from you may be treated as user content hereunder.