Terms of Service
TERMS OF SERVICE AGREEMENT
Effective: September 12, 2013
EdistoBeach.com is owned and operated by Conceptrix, LLC (“Conceptrix”). This Agreement sets out the legally binding terms of your use of the Website and other services provided by Conceptrix (collectively, the “Services”) and may be modified by Conceptrix from time to time, such modifications to be effective upon their being posted on the Website. This Agreement includes Conceptrix’s acceptable use policy for content posted on the Website. You may also receive a copy of this Agreement by emailing us at:firstname.lastname@example.org.
1. Eligibility. You must be eighteen (18) years of age or older, or represented by someone eighteen (18) years of age or older, to register for any Services or to use the Website. Use of any Services is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions hereof.
2. Term. This Agreement will remain in full force and effect during the time you are registered for any Services and/or use the Website. You may terminate your registration for any Services at any time upon notice to Conceptrix by email at email@example.com. Conceptrix may terminate your registration for any Services for any reason, effective upon sending notice to you at any email address you have previously provided to Conceptrix. You will not be entitled to any refunds or compensation on account of any such terminations. Even after any such terminations and/or this Agreement is terminated, certain provisions of this Agreement will remain in effect, including sections 4, 5 and 9-14.
3. Non Commercial Use by Members. You agree not to use the Website for commercial purposes. Illegal and/or unauthorized uses of the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. Conceptrix owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Conceptrix and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that Conceptrix may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of Conceptrix violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Website, or transmit to others.
c. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant to Conceptrix an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Conceptrix reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the Membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Website in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or the solicitation of, other users of the Website to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other users of the Website. Although Conceptrix cannot monitor the conduct of its users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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. Conceptrix’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org,
7. User Disputes. You are solely responsible for your interactions with other users on the Website. Conceptrix reserves the right, but has no obligation, to monitor disputes between you and other users.
9. Disclaimers. Conceptrix and its affiliates are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with Services, whether caused by users of the Website, users or by any of the equipment or programming associated with or utilized in the Website. Conceptrix is not responsible for the conduct, whether online or offline, of any user of the Website. Conceptrix assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Conceptrix is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Conceptrix or any of its affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or Services, any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. The Website and Services are provided “AS-IS” and Conceptrix expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Conceptrix cannot guarantee and does not promise any specific results from use of the Website or Services.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Conceptrix or any of its affiliates be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or Services, even if Conceptrix or any of its affiliates has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Conceptrix’s liability, and any liability to its affiliates, to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Conceptrix for your use of the Website.
11. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) any Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Disputes. If there is any dispute about or involving the Website or any Services, by using the Website, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts located in Orange County, Florida.
13. Indemnity. You agree to indemnify and hold Conceptrix and its affiliates, and their officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Other. This Agreement, accepted upon use of the Website, contains the entire agreement between you and Conceptrix regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
EdistoBeach.com . is a trademark of Conceptrix, LLC. All rights reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.