Introduction

This Internet web site (‘Site’) is owned and operated by the Delaware County Board of Commissioners, Department of Emergency Medical Services (‘DCEMS’). The following provisions set out the terms and conditions (‘Terms and Conditions’) under which any person accessing and using the Site (‘you’ and ‘your’) may access and use the Site, including any pages or information linked to it that are owned and operated by DCEMS.

By accessing and using the Site, you agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If you do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.

 

Copyright

The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (‘the Works’), is the exclusive property of DCEMS or its content suppliers, and is protected by United States and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.

 

License

DCEMS grants you a limited, non-exclusive, revocable license to:

  • Access, use, and view the Works contained in the Site solely for non-commercial and personal purposes;
  • Access and use the Site solely for non-commercial and personal purposes; and
  • If you are an internet service provider, supply the Works contained in the Site to your subscriber.

Any conduct with respect to any of the Works contained in the Site, other than that described herein (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of DCEMS), is strictly prohibited.

Any conduct with respect to the Works that is authorized herein, must include the DCEMS copyright notice “© 2008 DCEMS All Rights Reserved” and any other credits, trademarks or other legal notices applicable to the Works.

Submission of material to the site – DCEMS may invite (‘Invitation’) you to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site.

 

Upon the Invitation of DCEMS, you may submit Material to the Site, provided that such Material:

  • is accurate;
  • is not defamatory, obscene, threatening, or offensive;
  • does not violate any applicable law, including communications that would give rise to criminal or civil liability;
  • does not advocate any illegal activity;
  • does not infringe the intellectual property rights of any third party;
  • does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or
  • does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’.
  • DCEMS shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. DCEMS nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.

In consideration for DCEMS granting you an opportunity to submit Material to the Site, You hereby agree that:

  • such Material is non-confidential; and
  • by submitting such Material, you are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act of 1999) authorizing the assignment of all rights, title and interest in all such Material to DCEMS, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.

You warrant and represent that:

  • any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
  • any Material submitted to the Site is free from encumbrances and you have full and unfettered power to assign all rights and interest in the Material to DCEMS, free from any claim by any person;
  • You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by DCEMS in perpetuity, without any requirement for DCEMS to make any payment to you or such third parties, and can provide any written evidence of this to DCEMS at DCEMS’ request;
  • You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit DCEMS’ rights to use the Material;
  • as to living people identifiable in the Material, if any, you have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and you hereby assign such rights to DCEMS;
  • You will enter into any formal written documentation if required by DCEMS, to formalize your assignment of all rights in the Material to DCEMS; and
  • You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.

 

Disclaimer of warranties and limitation of liability

DCEMS reserves the right to modify or adapt any part of the Works without notifying current or prospective users.

DCEMS is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. DCEMS intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.

To the full extent permitted by law, DCEMS, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.

 

Indemnity

You agree to indemnify DCEMS and hold DCEMS indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of your use of the Site or any breach of the Terms and Conditions by you, including, without limitation, your warranties and representations with respect to the material.

 

Links to third party sites

DCEMS makes no representations whatsoever about any other web sites which you may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that DCEMS endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.

Electronic communications – You consent to receiving communications from DCEMS electronically, including electronic mail or notices posted on the Site.

You acknowledge that all agreements, notices, disclosures and other communications that DCEMS provides to you and that you provide to DCEMS electronically, satisfy any legal requirement that such communications be in writing.

 

Changes

DCEMS may add to, delete, or otherwise change any of the Terms and Conditions by giving you notice (‘Notice’):

  • By electronic mail; or
  • By posting on the Site.

Severability – The Terms and Conditions constitute the entire agreement between DCEMS and you regarding your use of the Site, and your grant of all rights in any Material submitted to the Site.

The Terms and Conditions supersede all previous, written or oral agreements between you and DCEMS.

No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in the US, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.

Your indemnity and assignment of all rights in any Material submitted to DCEMS and the Site will survive any change to, or termination of, the Terms and Conditions.

 

Applicable law

The Terms and Conditions shall be governed by, and construed according to, the laws of the United States of America. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Delaware County, Ohio, and, by using the Site, you hereby submit to that jurisdiction.

 

Address

Delaware County Emergency Medical Services
10 Court Street
Delaware, Ohio 43015
ATTN: Chief Rob Farmer