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The following terms
and conditions (the "Terms and Conditions") cover the websites
owned or operated by Beachfinder, LLC, a Florida limited liability
company ("Beachfinder"), any associated Content (as defined below)
including email, and Submissions, as defined below (collectively
the "Site"). Please read these Terms and Conditions carefully
before using or proceeding to access the Site. You must read and
agree to the following Terms and Conditions of use, including the
Code of Conduct, before you access or otherwise use or participate
in the Site. Your access to and registration with the Site (as
applicable) is governed by the following Terms and Conditions. By
accessing the Site, you accept these Terms and Conditions in
effect at the time of your use. BEACHFINDER grants you access to
use the Site solely in accordance with these Terms and Conditions.
You acknowledge that unauthorized use of the Site may violate
copyright, trademark, privacy, publicity, communication and other
applicable laws. As used here, "you" or "User" means any user or
visitor of the Site who is deemed to have read, understood and
agreed to the Terms and Conditions and "we" or "us" means
BEACHFINDER.
DESCRIPTION OF SITE.
The Site is an editorially driven lifestyle website featuring
information, opinions and other Content regarding a wide variety
of topics including beaches, water safety, travel, food,
recreation and related goods and services.
USE OF THE SITE. Your
access to and use of the Site is subject to all applicable
international, federal, state and local laws and regulations. The
trademarks, logos and service marks ("Marks") displayed on the
Site are the property of BEACHFINDER and other parties. Users are
prohibited from using any Marks for any purpose including, but not
limited to use as metatags on other pages or sites on the World
Wide Web without the written permission of BEACHFINDER or such
third party which may own the Marks. All information, materials
and content including any text, photographs, audio, video,
illustrations and software programs made available by BEACHFINDER
on or through the Site ("Content") is protected by copyright and
is the property of BEACHFINDER and other parties. Users may only
use the Site and Content for personal use as and to the extent
permitted under these Terms and Conditions and are prohibited from
modifying, creating derivative works of, copying, distributing,
transmitting, displaying, publishing, selling or licensing any
Content available on or through the Site for commercial, public or
any other purposes. You agree that your participation in the Site
is voluntary, personal and non-transferable. BEACHFINDER may, in
its sole discretion, immediately terminate your access (with or
without notice) to the Site should your conduct fail to conform to
the Terms and Conditions.
MODIFICATIONS TO
THESE TERMS AND CONDITIONS. We may change the Terms and Conditions
of the Site from time to time by updating this posting. Please
visit the Terms and Conditions area each time you visit the Site
to keep up to date with the current terms and conditions regarding
your use of the Site. Your continued use of the Site constitutes
an affirmative: (1) acknowledgment by you of the Terms and
Conditions and any modifications thereof and (2) your agreement to
abide and be bound by the Terms and Conditions as modified.
MODIFICATIONS TO
SITE. We reserve the right to modify or discontinue the Site with
or without notice to you. Neither BEACHFINDER, nor its parent
company or affiliates shall be liable to you or any third party
should we exercise this right to modify or discontinue the Site.
USER
SUBMISSIONS/ASSIGNMENT. You irrevocably assign to BEACHFINDER all
rights in and to all text, photographs, illustrations, audio,
video and any other content and information (including any ideas
or expressions of ideas embodied therein, and your Site
screen/user name) that you upload, store, process, post, transmit,
distribute, publish or otherwise submit to or through the Site
(collectively "Submissions"). All comments, suggestions, graphics,
ideas (including product and advertising ideas), and information,
materials or other portion of the Submissions you submit to
BEACHFINDER through this Site will become and remain the exclusive
property of BEACHFINDER, including any future rights associated
with such Submissions, even if these Terms and Conditions are
later modified or terminated. This means that you disclaim any
proprietary rights in such Submissions, and you acknowledge
BEACHFINDER and/or its agencies unrestricted right to use them (or
materials or ideas similar to them) in any medium or method of
transmission now know or hereafter devised, without notice,
compensation or other obligation to you or any other person. It
also means that with the exception of your personally identifiable
information, BEACHFINDER, its parent company, affiliates,
licensees, assigns and/or agencies have no obligation to keep your
Submissions (or any of the material contained therein)
confidential. You will not be entitled to any remuneration for any
use of your Submissions by us or our parent company, affiliates,
licensees, assigns or any other person or entity.
You further release
and waive all claims against BEACHFINDER, its parent company,
affiliates and/or agencies with respect to any intellectual
property or other proprietary rights, rights of privacy and
publicity, rights of attribution, or any other liability under the
governing law of the United States.
PRIVACY POLICY.
Except as required by law and in accordance with the BEACHFINDER
Privacy Statement, BEACHFINDER will maintain the confidentiality
of all User communications solely to extent containing the
personally identifiable information of a User and which are
transmitted directly to BEACHFINDER. Transmissions to the Site, to
the extent such transmissions do not contain the personally
identifiable information of a User, will not be protected as
confidential and BEACHFINDER may use and provide information
contained in any such transmissions (including any Submissions and
the ideas, concepts, know-how or other intellectual property
embodied therein) to any of its parent company, subsidiaries and
affiliates or other third parties for any purpose whatsoever and
as deemed appropriate by BEACHFINDER. To the extent that you also
provide us with any of your personally identifiable information,
BEACHFINDER will only use such information in accordance with the
BEACHFINDER Privacy Statement.
CODE OF CONDUCT. The
Site makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet
regulations, policies and procedures.
You agree to abide by
the following rules of conduct:
(1) You must be 18
years of age or older to register with or use the Site.
(2) Only those who
have registered as members or registered users may access the
registration-required portions of the Site.
(3) You agree not to
copy, modify, distribute, download, display, post, publish,
license, create derivative works of or otherwise transmit
Submissions in any form except (i) to and through the Site as and
to the extent expressly permitted hereunder, and (ii) that Users
may use the "E-mail a Friend" of Facebook features to share
specific content to their friends.
(4) You agree not to
use the Site to solicit or advertise any commercial product or
activity.
(5) You agree not to
use behavior that does not support a safe and comfortable
environment for all Users, including but not limited to posting or
transmitting any materials that are threatening, offensive,
harmful, harassing, abusive, vulgar, hateful, defamatory, sexually
explicit, inflammatory, profane (even if it is masked), racially
or ethnically objectionable, religious or political, or any
materials that encourage inappropriate or unlawful conduct.
(6) You agree not to
upload, store, process, post, transmit, distribute, publish or
otherwise submit to or through the Site any Submissions which:
(i) restrict or
inhibit any other User from using the Site or contain a virus or
other harmful component.
(ii) violate any
local, state, Federal or International laws or give rise to civil
liability.
(iii) violate or
infringe any rights of third parties (including but limited to
copyright, trademark, rights of privacy or publicity, such as
defamation or any other proprietary right).
(iv) violate these
Terms and Conditions or are not otherwise appropriate or pertinent
to the purpose of the Site.
(v) impose an
unreasonable or disproportionately large load on the Site or
otherwise interferes with the Site.
(7) You agree not to
use any trademarks, trade names, logos or other identifying marks
("Marks") of BEACHFINDER, its parent company, affiliates, agencies
or any third party for any purpose including without limitation to
use as metatags on the Site or on other pages or sites on the
World Wide Web without the written permission of BEACHFINDER, and,
if applicable, the third party that owns the Marks.
(8) You agree not to
use the Site for any unlawful purpose or activity including
without limitation:
(i) chain letters,
junk mail, spamming or similar activities.
(ii) "spoofing"
(i.e., using any means to disguise your online identity or alter
original attribute information when sending e-mails or posting
messages to the Site or impersonating BEACHFINDER, another User or
the Site Moderator).
(iii) Using or
possessing programs to "crack" passwords or other Internet
security tools.
(iv) Attempting to
circumvent established Internet security measures.
(v) posting or
transmitting any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation.
(9) You agree not to
interfere with another Users use and enjoyment of the Site.
(10) You agree not to
upload, store, process, post, transmit, distribute, publish or
otherwise submit any photos, hyperlinks, materials or other
Submissions on or through the Site that do not comply with these
Terms and Conditions.
(11) Before beginning
a new discussion, please skim through the threads to make sure
that someone has not already started a conversation about your
topic. Also, please make sure that you place your post in the
appropriate thread.
(12) Please respect
the opinions of other Users. We encourage you to discuss opinions
as long as they remain respectful. This Site was created to allow
sharing and discussion of opinions and experiences pertaining to a
wide variety of topics such as travel, food, wine, golf, family
and luxury goods and services and any attempts to harass or
threaten other Users because they have differing opinions will not
be tolerated.
(13) We encourage you
to be as individual as you like in the way you express yourself,
but messages that get your point across (and get the best
responses) are those that use complete words and sentences with an
attempt at good grammar and spelling. Please do not type in
uppercase - this is considered yelling.
(14) Please do not
post the same message more than once in the same thread or another
thread. It is considered spamming and is not permitted.
(15) Occasionally a
User may create a thread with inflammatory remarks just to stir
things up. This type of post is called a troll and is not
permitted.
(16) Do not give out
or post any of your personally identifiable information (e.g.,
your email address, your real name, your mailing address and your
phone number). If you are asked for any of this information, we
suggest you simply say "I don't feel comfortable giving that out"
and please report it using the Site's tool for reporting posts
that violate these Terms and Conditions.
Violations: You are
solely responsible for the Submissions (including the content and
other information contained therein) you transmit to or through
the Site. Should your conduct fail to conform with these Terms and
Conditions, we reserve the right to remove or edit any material or
other portion of any Submission that does not (in our sole
judgment) comply with these Terms and Conditions, revoke posting
privileges and/or ban you from accessing the Site at our sole
discretion. Our decisions are considered final. If you see a post
that violates these Terms and Conditions in some way, please
report it using the Site's tool for reporting posts that violate
these Terms and Conditions.
If you choose to
reply to an offensive/abusive post on this Site, please do so
respectfully. Your post is subject to the same Terms and
Conditions as the original post, even if the original post
violates the Terms and Conditions.
Although BEACHFINDER,
its parent company, affiliates and/or its agencies may monitor
postings and transmissions to the Site, it is not obligated to do
so and will not be liable for any Submissions on the Site. Neither
BEACHFINDER nor its parent company, affiliates or agencies endorse
any information or other portion of any Submission uploaded,
stored, processed, posted, transmitted, distributed, published or
otherwise submitted to or through the Site.
HYPERLINKING. THE
SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO
LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE
THIRD-PARTY MATERIAL INTO THE SITE VIA "INVERSE" HYPERLINKS AND
FRAMING TECHNOLOGY (A "LINKED SITE"). BEACHFINDER HAS NO
DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED
SITE. THE FACT THAT BEACHFINDER HAS PROVIDED A LINK TO A LINKED
SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR
AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS
PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR
RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND BEACHFINDER
URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING
UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
BEACHFINDER PERMITS
USERS TO ADD HYPERTEXT LINKS TO THE SITE PROVIDED THE CONTENT OF
SUCH LINKED SITE COMPLIES WITH THESE TERMS AND CONDITIONS.
BEACHFINDER, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY
SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE
CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE
(INCLUDING ALL LINKED SITES). BEACHFINDER PROHIBITS THE FRAMING OF
ANY CONTENT AVAILABLE THROUGH THE SITE. ACCESS TO ANY OTHER
INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES) IS
AT THE USER'S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY
CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY
PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER
PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE.
NEITHER BEACHFINDER, NOR ITS PARENT COMPANY OR AFFILIATES
ISRESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND
ALL LIABILITY RELATED TO SUCH PROVISIONS.
NO WARRANTIES. ALL
CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR
OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" 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.
NEITHER BEACHFINDER,
NOR ITS PARENT COMPANY OR AFFILIATES ENDORSE OR ARE RESPONSIBLE
FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR
STATEMENT MADE THROUGH THE SITE, (B) ANY CONTENT PROVIDED ON THE
SITE AND ANY LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY
OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
OTHER THAN AS
REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO
CIRCUMSTANCE WILL BEACHFINDER, ITS PARENT COMPANY, AFFILIATES
ORAGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED
SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE
SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR
OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED
SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT,
SERVICE, OR OTHER CONTENT.
LIMITATION OF
LIABILITY FOR USE OF THE SITE AND LINKED SITES. THE INFORMATION,
SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE
SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND BEACHFINDER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR
SUCH INACCURACIES OR ERRORS. BEACHFINDER DOES NOT WARRANT OR
REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE.
BEACHFINDER IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE
SITE. BEACHFINDER MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME
WITHOUT NOTICE. BEACHFINDER MAY MAKE IMPROVEMENTS OR CHANGES TO
THE SITE AT ANY TIME.
YOU AGREE THAT
BEACHFINDER, ITS PARENT COMPANY, AFFILIATES AND AGENCIES AND ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL
NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, FOR ANY 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 THE SITE OR A
LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A
LINKED SITE, EVEN IF BEACHFINDER 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. BEACHFINDER CANNOT AND DOES
NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE
SITE.
LIMITATION OF
LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE. ANY
AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO
GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS
AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES.
BEACHFINDER, ITS PARENT COMPANY, AFFILIATES AND AGENCIES HEREBY
DISCLAIM 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 ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE,
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 BEACHFINDER, ITS
PARENT COMPANY, AFFILIATES AND AGENCIES FROM ANY LIABILITY WITH
RESPECT TO THE SAME.
INDEMNIFICATION. You
agree to indemnify and hold BEACHFINDER, its agencies and their
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of
the Site, the violation of these Terms and Conditions by you, or
the infringement by you, or other user of the Site using your
computer, of any intellectual property or other right of any
person or entity.
TERMINATION. We shall
not be liable to you or any third party for termination of the
Site. Should you object to any Terms and Conditions of the Site or
any subsequent modifications thereto or become dissatisfied with
the Site in any way, your only recourse is to immediately
discontinue use of the Site.
PARTICIPATION IN
PROMOTIONS OF ADVERTISERS. You may enter into correspondence with
or participate in promotions of advertisers, if any, showing their
products on the Site. Any such correspondence or promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely
between the corresponding User and the advertiser. BEACHFINDER
assumes no liability, obligation or responsibility for any part of
any such correspondence or promotion.
USE OF "COOKIE" FILE
FEATURES. BEACHFINDER reserves the right to store information on a
User's computer in the form of a "cookie" or similar file for
purposes of modifying the Site to reflect Users' preferences. The
BEACHFINDER Privacy Statement provides additional information
regarding BEACHFINDER' use of cookies as well as procedures for
disabling cookies. View the BEACHFINDER Privacy Statement, "about
Cookies".
LAWS. The Terms and
Conditions shall be governed by and construed in accordance with
the laws of the state of Florida, excluding its conflict of law
provisions. You and BEACHFINDER agree to submit to the exclusive
jurisdiction of the courts of the state of Florida. If any
provision(s) of the Terms and Conditions is held by a court of
competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining
in full force and effect. Our failure to exercise or enforce any
right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision unless acknowledged
and agreed to by us in writing. You acknowledge and agree that you
will not seek to litigate any claims against BEACHFINDER, its
parent company or affiliates on a class action or representative
party basis and that you shall pursue such claims solely on an
individual basis. You and BEACHFINDER agree that any cause of
action arising out of or related to the Site must commence within
one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles in the
Terms and Conditions are solely used for the convenience of the
parties and have no legal or contractual significance.
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