Terms of Service/Terms of Use Agreement

By using our Website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Crosswire Designs” or “us” or “we” or “our” or “Company” refers to Crosswire Designs, LLC., the owner of the Website. The term “Project Common Ground” refers to the collective website project of the same name, operating under Crosswire Designs LLC . The term “you” refers to the user or viewer of our Web Site. The term “Subdivision” refers to the residential area to whose residents the Website’s services have been made available, its associates, trustees, officers and representatives.

1. Acceptance of Terms

All use of this Website and related services ("Website") is subject to the following terms of use ("Terms"), which may be changed or modified by [Crosswire Designs/Project Common Ground/Subdivision] at any time. You can review the most current version of the Terms at: http://www.whitmoor.org. By using this Website in any way, you are agreeing to comply with the then-current Terms. If you do not agree to be bound by the Terms or any Subdivision-specific guidelines, you must immediately stop using this Website.

2. Eligibility for Membership

This Website is intended solely for users who are approved residents of Subdivision. Outside of viewing site content intended for public view, any registration by, use of or access to the Website by anyone who is not a resident of the Subdivision is unauthorized, unlicensed and in violation of these Terms of Service. By using the Website, you represent and warrant that you are a qualified resident, and that you agree to and to abide by all of the terms and conditions of this Agreement.

3. Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Account Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Account Data, and any other information you provide to Subdivision, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. Content

a. Proprietary Rights

You acknowledge that the Website may contain Information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and Crosswire Designs owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by [Crosswire Designs/Project Common Ground/Subdivision] or otherwise stated herein. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and provided you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

b. Distribution/Uploading of Third-Party Content

Except as set forth above, you may upload to or otherwise distribute on Project Common Ground only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Company, the Subdivision, their affiliates, nor any of their officers, directors, employees, or agents will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from Content you provide.

c. Third-Party Content

Neither [Crosswire Designs/Project Common Ground/Subdivision] nor their affiliates, nor any of their officers, directors, employees, or agents, nor any third party guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of Members not under contract with Crosswire Designs or the Subdivision. Crosswire Designs/Project Common Ground/Subdivision neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Crosswire Designs employees. Under no circumstances shall Crosswire Designs, the Subdivision, their affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Website.. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Website.

d. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located, including the URL and content item description of the Site.
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

6. Prohibited Member Activities

As a viewer or user [‘Member’] of this Website, you shall not:

a. interfere with other users’ ("Members") use and enjoyment of the Website (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity);
b. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
c. use this Websitets or services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
d. post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, racist, sexist or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, that is in violation of applicable laws, or that is used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities;
e. impersonate another Member or a [Crosswire Designs/Project Common Ground/Subdivision] staff member, officer, trustee, or affiliate.
f. collect personal data about other users for commercial or unlawful purposes;
g. use automated scripts to collect information from or otherwise interact with the Website;
h. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
i. purposefully post Content in irrelevant categories on message boards, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and/or
j. attempt to gain unauthorized access to Project Common Ground computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Project Common Ground.

You must immediately inform [Crosswire Designs/Project Common Ground/Subdivision] if you have reason to believe that another Member is infringing any copyrights or other proprietary materials;

7. Privacy and Information Disclosure

Company will never share, sell, or rent individual personal information of Members with anyone without Members’ advance permission or unless ordered to do so by a court of law.

8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

10. Disclaimers and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON PROJECT COMMON GROUND WEBSITES, OR OBTAINED FROM A WEBSITE TO WHICH A PROJECT COMMON GROUND WEBSITE IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH CROSSWIRE DESIGNS/PROJECT COMMON GROUND/SUBDIVISION WEB SITES.

YOU AGREE THAT CROSSWIRE DESIGNS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF A PROJECT COMMON GROUND WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE A PROJECT COMMON GROUND WEBSITE OR A LINKED SITE, EVEN IF CROSSWIRE DESIGNS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.

CROSSWIRE DESIGNS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO PROJECT COMMON GROUND WEBSITES.

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON PROJECT COMMON GROUND WEBSITES OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CROSSWIRE DESIGNS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON PROJECT COMMON GROUND WEBSITES AND LINKED SITES. CROSSWIRE DESIGNS MAY MAKE IMPROVEMENTS OR CHANGES TO PROJECT COMMON GROUND WEBSITES AT ANY TIME.

CROSSWIRE DESIGNS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY CROSSWIRE DESIGNS, SUBDIVISIONS, THIRD-PARTY CONTENT PROVIDERS, ADVERTISERS, SPONSORS, MEMBERS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE UPENN FROM ANY LIABILITY WITH RESPECT TO THE SAME.

11. Limitations on Service

You acknowledge that [Crosswire Designs/Project Common Ground] may establish limits concerning use of Project Common Ground, including the maximum number of days that Content will be retained by Project Common Ground, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Project Common Ground, and the frequency with which you may access Project Common Ground. You agree that [UPenn/Project Common Ground] has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Project Common Ground. You acknowledge that [UPenn/Project Common Ground] reserves the right at any time to modify or discontinue Project Common Ground (or any part thereof) with or without notice, and that UPenn shall not be liable to you or to any third party for any modification, suspension or discontinuance of Project Common Ground.

12. Termination of Service

You agree that [Crosswire Designs/Project Common Ground/Subdivision], in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Project Common Ground (or any part thereof), immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if [Crosswire Designs/Project Common Ground/Subdivision] believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that [Crosswire Designs/Project Common Ground/Subdivision] shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.

13. Dealings with Organizations and Individuals

Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Crosswire Designs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Members, Members and any third party, you understand and agree that Crosswire Designs is under no obligation to become involved. In the event that you have a dispute with one or more other Members, you hereby release Crosswire Designs, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

14. Indemnity

You agree to indemnify and hold Crosswire Designs, Project Common Ground, Subdivision, their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Website, your use of the Website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.