Endless Summer Terms & Conditions
Web Site Materials
The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material (“Material”) are protected by copyright and other applicable laws. Endless Summer authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of Endless Summer. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Web Site Warranties
The Endless Summer Web Site and materials contained therein are provided on an “AS IS” basis without any warranties of any kind, either express or implied. Endless Summer, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. Endless Summer makes no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the Web Site. Neither does the company warrant that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. Endless Summer is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. The Web Site may contain materials provided by third parties, and will likewise not be held responsible for any such third party material.
Disclaimer of Damages and Limitation of Liability
Public and User Submissions
Endless Summer may include postings, listings, images, and media from third parties. Such content is the responsibility of the third party creator of the content. Endless Summer has no responsibility for such content and is merely providing access to such content as a service to you. While Endless Summer will endeavor to remove any offensive or harmful content from the Web Site as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. HOWEVER, WE EXPECT YOU TO USE CAUTION AND COMMON SENSE, AND EXERCISE GOOD JUDGMENT WHEN USING THIRD PARTY INFORMATION.
User Responsibilities and Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use the Web Site only to post materials that are legal, proper and related to the purposes of this Web Site. By way of example, and not as a limitation, you agree that when using this Web Site, you will not: 1) Defame, abuse, harass, stalk, threaten or otherwise violate any and all legal rights of others; 2)Restrict or inhibit any other user from using and enjoying the use of the Web Site; 3) Provide any files that contain viruses, corrupted files, or other software that may damage the operation of another’s computer; 4) Provide any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material; 5) Publish, provide, upload, distribute or disseminate or offer to do the same (hereinafter “Post”) any inappropriate, defamatory, infringing, obscene, or unlawful material or information; 6) Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted
Obligation to Monitor Content
Endless Summer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Endless Summer’s sole discretion. Endless Summer does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
If Endless Summer is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Endless Summer will have no liability or responsibility for performance or non-performance of such investigation. Endless Summer reserves the right to terminate or restrict your access to any or all Registered User privileges at any time without notice for any reason whatsoever.
Endless Summer may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that may infringe on the rights of others. Should such an occurance be potentially indicated, Endless Summer will be provided a resaonable period of sixty (60) days to evaluate any and all materials indicated. Should Endless Summer deem materials to be an infringement, we will remove or disable them from the Web Site, in good faith, and thus avoid any and all damages and/or liabilities related in whole or in part, directly or indirectly, as a result of the infringement. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, provide Endless Summer with a written notice – by postal mail, email or FAX – at the addresses and numbers available on the “Contact” page of this Web Site and include the following information:
The physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed. A description of where the material in question is located on the Web Site. Your mailing address, telephone number, and email address. A statement by you in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Such notification should be submitted to Endless Summer with and specific complete details at firstname.lastname@example.org so that we can make an informed decision about possible or potential action or deletion.
Links to Other Web Sites
Endless Summer contains links to third party Web Sites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Endless Summer of the contents on such third-party Web Sites. Endless Summer Limousine is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless the Endless Summer, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Endless Summer will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Endless Summer makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Endless Summer is headquartered in Ventura, California. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California, United States of America. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the appropriate Ventura County Court, or if such court lacks subject matter jurisdiction, the United States District Court in Ventura, California.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
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