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The Back To The Beach site ("theBeach") is provided free of charge to you by Back To The Beach Software,LLC. ("Beach") under these Terms of Use. Although portions of The Beach may be viewed by visiting the site, in order to access the message boards and other areas you need to sign on as a guest or register. These Terms of Use will govern your use of The Beach , including access to message boards and other features, if you sign on to The Beach as a guest or if you register as a member of The Beach . BY SIGNING ON TO THE BEACH AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. These Terms of Use govern your use of The Beach and all services provided in connection with The Beach . If you do not agree to these Terms of Use, you may not register for or enter The Beach .
From time to time The Beach may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on The Beach to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
When you register for TheBeach, you will be required to provide TheBeach with the following information: your user name, email address, age, and password. TheBeach reserves the right to terminate your Beach account if TheBeach learns that you have provided TheBeach with false or misleading registration information.
Your privacy is important to TheBeach. Please go to Privacy Policy to review this policy. It is included here by reference.
TheBeach reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration with or ability to access TheBeach and/or any other service provided to you by TheBeach upon any breach by you of the Terms of Use.
TheBeach reserves the right to change, modify, add or remove portions of the Terms of Use at any time, at its discretion. You will be notified by email of any such changes. If you log on to TheBeach subsequent to receipt of such email, you will be deemed to have accepted any such changes. If you do not agree to any such changes in the Terms of Use as they may occur, please arrange to terminate your registration with TheBeach immediately by (i) notifying TheBeach of your unwillingness to accept the changes to the Terms of Use; and (ii) discontinuing your use of TheBeach. Your continued use of TheBeach will signify your acceptance of any change in the terms and conditions set forth herein.
TheBeach may modify or discontinue TheBeach with or without notice to you and without liability to you or any third party. TheBeach may change, suspend or discontinue any aspect of the TheBeach service at any time, including the availability of any features or content, and may impose limits on certain features and services or restrict access to parts or all of the service without notice or liability.
You alone are responsible for the content of your messages and the consequences of any such messages. TheBeach reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. TheBeach is to be used by you for your personal use only. Commercial uses of TheBeach are strictly prohibited unless prior written consent from TheBeach has been granted. You agree that you will not use TheBeach for chain letters, junk mail, 'spamming,' advertising, solicitations of funds, goods or services (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use TheBeach to send or post on message boards or any place on TheBeach, any message or material that is unlawful, harassing, libelous, infringing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or 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, or encourage the use of controlled substances. While TheBeach does not and cannot review every message posted, and is not responsible for any content of these messages, TheBeach reserves the right to delete, move, or edit any such material that it deems to be in violation of these guidelines or of any copyright or trademark laws, in its sole discretion. TheBeach will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TheBeach. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use TheBeach to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You may not use TheBeach to distribute in any manner any virus or corrupted data.
You acknowledge that (i) TheBeach permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to TheBeach, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on TheBeach is not protected by Rights rests with you. You acknowledge that TheBeach may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting any content, including your member name, to any "public area" of TheBeach, including message boards, forums, contests and chat rooms, you grant TheBeach and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on TheBeach retains any and all rights that may exist in such content.
TheBeach welcomes your comments, feedback and input regarding TheBeach products through this Site. However, TheBeach does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), which has not been specifically requested by TheBeach. Accordingly, TheBeach asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to TheBeach will become the property of TheBeach, with TheBeach exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest TheBeach's rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON THEBEACH, YOU HEREBY EXPRESSLY PERMIT THEBEACH TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY THEBEACH IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
This Web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell information, software, products or services obtained from this web site.
TheBeach may contain links to other related web sites, resources and/or sponsors of TheBeach or TheBeach . WHEN YOU ACCESS ANY OF THESE SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SITES. TheBeach is not responsible for the availability or content of these outside resources.
You are responsible for maintaining the confidentiality of your personal information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TheBeach of any unauthorized use of your registration or password.
THIS THEBEACH WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. THEBEACH DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF THEBEACH, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THEBEACH DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEBEACH IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT THEBEACH DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THEBEACH. THEBEACH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. NEITHER THEBEACH NOR THEBEACH REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THEBEACH BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR OWN RISK.
THEBEACH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN THEBEACH IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEBEACH OR THROUGH THEBEACH SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THEBEACH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THEBEACH OR ANY TRANSACTIONS ENTERED INTO THROUGH THEBEACH .
THEBEACH IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES CONTAINED OUTSIDE THEBEACH'S SITE. As a convenience to our members, we may provide links to resources, which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against TheBeach with respect to such sites.
In no event will TheBeach and/or its suppliers be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or ANY other person for any damages (including, without limitation, any direct, indirect, punitive, incidental, special or consequential damages) arising out of OR IN CONNECTION WITH ANY use of, inability to use or results of use of this site or any materials IN this site, even if TheBeach or its representative has been advised of the possibility of such damages.
THEBEACH AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THEBEACH OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THEBEACH OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THEBEACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TheBeach and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. TheBeach makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither TheBeach nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of TheBeach, its parent company, 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 TheBeach, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
This agreement shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without reference to its choice of law rules. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts located at King County, Washington with respect to any claim or suit arising out of or in connection with this Agreement or this Site, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
In the event that TheBeach determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the TheBeach member site, TheBeach reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to TheBeach, (iii) discontinue your registration with TheBeach and/or any other TheBeach member site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which TheBeach deems to be appropriate.
No failure or forbearance on TheBeach's part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this agreement shall affect the validity or enforceability of any remaining provisions.
TheBeach may assign its rights and obligations under these Terms of Use and upon such assignment TheBeach may be relieved of any further obligation hereunder.
You represent to TheBeach that you have the authority to register with TheBeach according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on TheBeach by TheBeach) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior or contemporaneous agreements and understandings whether electronic, oral, or written, between the user and TheBeach with respect to this web site. Any legally unenforceable provision of these Terms of Use will, at the election of TheBeach, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
A printed version of this Terms of Use and any modifications thereto (pursuant to paragraph 5) will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TheBeach reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and TheBeach as a result of this agreement or use of this web site. You agree not to hold yourself out as a representative, agent, or employee of TheBeach and TheBeach shall not be liable for any of your representations, acts or omissions.
All contents of this web site are: Copyright © 2002-2005 Back To The Beach Software, LLC. and/or its suppliers. All rights reserved.
Back To The Beach Software, TheBeach, Web Studio and other names of TheBeach products and/or services referenced herein are trademarks or registered trademarks of Back To The Beach Software, LLC. Other product and company names mentioned herein are the property of their respective owners.
End-User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE USING THIS SOFTWARE PROGRAM.
YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO BACK TO THE BEACH SOFTWARE, LLC, IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Back To The Beach Software,LLC., its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of the End User License Agreement, which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Back To The Beach Software, LLC ("The Beach") hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a single computer. You may also make a second copy of the Product, and install and use it on a home or portable computer used exclusively by you. You may not network the Program or otherwise install it or use it on more than one computer at a time, except as otherwise provided hereinabove. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by The Beach or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program may contain certain licensed materials and The Beach's licensors may act to protect their rights in the event of any violation of this Agreement.
3. Responsibilities of End User.
A. Subject to the grant of license hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of The Beach.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but you are not entitled to sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of The Beach; or
D. You must use the Program in a manner that is consistent with the rights of entities and individuals that provide information to you through their Web sites or by any other means ("Content Providers"). Your use of documents and other materials provided to you by Content Providers for any purpose that is inconsistent with the Content Providers' rights in such documents and materials is expressly prohibited by law, and may result in civil and criminal penalties. You may not use the Program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of Content Providers, or in any illegal manner or for creation or distribution of illegal content. You agree that it is your responsibility to obtain all necessary permissions to use any art, images, sounds, and any other material from any world wide web site or other source in accordance with the terms of use of that particular web site or other source, any and all copyright or other laws and international treaties, and any other regulations that apply to, or responsibilities you may incur in, their use. You agree to indemnify The Beach for any and all claims arising from any violation by you of the terms of this End-User License and violation of the terms of use of any other web site or other content source you access using this Program. You agree to indemnify and hold Vivendi Universal, Havas and Sierra Entertainment harmless from any third party claim, loss, or damage (including attorney's fees) related to your use of the Program subject to all of the restrictions and limitations set forth in this Agreement.
E. You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as The Beach has no liability for lost or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program from your computer(s).
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. The Beach may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Limited Warranty. THE BEACH EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE BEACH FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR 2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, THE BEACH MAKES NO WARRANTIES THAT THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES PRIOR TO, DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. The entire risk arising out of use or performance of the Program remains with you, however, if applicable, The Beach warrants up to and including 30 days from the date of your purchase of the Program that the master disk, if any, on which the Program is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to The Beach of proof of purchase of the defective Program, The Beach will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Third Party Sites and Links. NEITHER THE BEACH, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONTENT OF ANY WEBSITE MAINTAINED BY CONTENT PROVIDERS OR BY ANY OTHER THIRD PARTY. LINKS IN CONTENT PROVIDERS' WEBSITES, AND IN OTHER PARTIES' WEBSITES, MAY LET YOU LEAVE THE WEBSITES. LINKED-TO SITES ARE NOT UNDER THE CONTROL OF THE BEACH AND THE BEACH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED-TO SITE OR FOR ANY LINK CONTAINED IN A LINKED-TO SITE. THE INCLUSION OF ANY LINK IN THE BEACH'S WEBSITE DOES NOT IMPLY ENDORSEMENT BY THE BEACH OF THE SITE.
9. Limitation of Liability. NEITHER THE BEACH, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
10. Equitable Remedies. You hereby agree that The Beach would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that The Beach shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as The Beach may otherwise have available to it under applicable laws.
11. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of Nevada, and any dispute arising hereunder shall be resolved in accordance with the law of the State of Nevada. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Nevada having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing, copying, using the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Sierra and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between The Beach and you including any inconsistent written license agreement accompanying the Program.
This Product contains numerous clipart, templates and photo images (collectively referred to as the "Images") which are either owned by The Beach or licensed from a third party. As a user of this Product you are free to use, modify and publish the Images as you wish, subject to all of the restrictions set out below and any additional conditions described in the About Web Studio dialog. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, we recommend that you seek the advice of your own attorney or legal counsel. The Beach will not provide you with an opinion as to whether your use is in compliance with these Guidelines.
You may incorporate any Image(s)into your own original work and publish, display and distribute your work in any media, for personal use or for commercial use. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for intentional downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of your work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product.
You may not create scandalous, obscene, defamatory or immoral works using the Image(s), nor use the Image(s) for any other purpose that is prohibited by law.
You may not use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof.
You may not use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only, and no permission is given to those viewing the Images to download and/or save the Image(s) for any reason.
You may not rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity.
You may not use any Image(s) except as expressly permitted by this License.
You may not use the Image(s) related to identifiable individuals, products or entities in a manner which suggests their association with or endorsement of any product or service.
iHostStudio is committed to providing the finest in Web site hosting and email services. Our goal is to be unbiased in providing hosting services for the Internet; however, iHostStudio reserves the right to cancel or interrupt any client's access to our services if we believe those services are being used illegally or are being abused. People who abuse or violate these policies create increased consumption of iHostStudio's Internet resources and thereby drive up costs for others. You are solely and fully responsible for any content in the space provided for your web page and for the e-mail you produce. For these reasons, you violate iHostStudio's policy and the service agreement when you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming (unsolicited email)
As a commercial provider of Web Site Hosting, iHostStudio believes that everybody in the Internet community should do their part to eradicate the sending of undesirable or unsolicited e-mail messages (commonly referred to as "Spam"). Our particular interest focuses on messages sent to, or from, the individuals and companies with Web sites on iHostStudio's servers. Posting to Usenet News Groups, especially in unrelated subject groups, in bulk form is also considered "Spam" and is subject to the same rules governing unsolicited e-mail messages. iHostStudio does not and will not condone the sending of "Spam" using or referencing any iHostStudio resources. Any iHostStudio customers in violation of this policy may have their site closed immediately without warning.
Any parties with knowledge of unsolicited e-mail messages being either being sent to, or originating from any iHostStudio customer should contact support@iHostStudio.com.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity, or personal rights of others. iHostStudio is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. iHostStudio may also terminate the privileges of customers who commit repeat violations of copyright laws.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is not allowed and will result in termination of services.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that iHostStudio determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Content and Liability
iHostStudio is committed to freedom of speech. Therefore, we do not censor any of the material stored on our servers. By subscribing to utilize our servers, you are agreeing to use the servers in a lawful manner and abide by all applicable laws and further agree to hold iHostStudio harmless. You are solely responsible for the content of your Web site.
Modification of these terms of use and notices
iHostStudio reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime. You are responsible for regularly reviewing these terms and conditions. Continued use of your iHostStudio website constitutes your consent of such changes.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING SERVICES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER OR SERVICE PROVIDER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT.
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