3. LICENSE. Except as otherwise specifically permitted, you may use our Site only for personal, non-commercial purposes. You may not use the Site in any manner that exceeds the rights granted for your use. Unless otherwise specifically provided, you may not use any data gathering and extraction tools on the Site, frame any portion of the Site, scrape our Site or databases, or copy, reproduce, translate, sell, or otherwise distribute the Site without our prior written consent.
4. USER CONTENT LICENSE. By posting or otherwise distributing information or other content (“User Content”) to the Site, you are granting Sand and Surf a license to use User Content in connection with the operation of our business, including without limitation, a right to copy, display, edit, and otherwise distribute User Content. You will not be compensated for any User Content. You agree that Sand and Surf may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are authorized to post User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. You agree not to post or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit on our Site.
6. INAPPROPRIATE CONTENT. You agree not to upload, download, display, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; or (c) advertises funds or is a solicitation for goods or services unless pre-approved by Sand and Surf.
7. PROHIBITED USES. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you ; (b) attempting to probe or test the vulnerability of the Site or to breach security without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network; (d) using the Site to send unsolicited e-mail; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, or otherwise reduce to a human-perceivable form any of the source code used by Sand and Surf in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
8. DIGITAL MILLENIUM COPYRIGHT ACT NOTICE. If you believe that any material on this Site infringes your copyright rights, please contact Sand and Surf’s designated agent for Digital Millennium Copyright Act notices at:
Debbie Goldberg, Owner
Sand and Surf
In your notice, please include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim to have been infringed; (c) identification of the material that you claim to be infringing, and where the material is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate. If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
(a) NO WARRANTIES. SAND AND SURF HEREBY DISCLAIMS ALL WARRANTIES. SAND AND SURF IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAND AND SURF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SAND AND SURF DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) ERRORS, OMISSIONS, AND INACCURACIES. THE INFORMATION, MATERIALS, SERVICES, AND/OR EVENTS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE. SAND AND SURF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, MATERIALS, SERVICES, AND/OR EVENTS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE.
(c) Medical Disclaimer. The information, including but not limited to, text, graphics, images and other material, contained on our Site is for informational purposes only. While this Site may comment on particular health products, diets, supplements and other healthy living topics, it is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this site. Reliance on any information appearing on this site is solely at your own risk.
11. LIMITED LIABILITY. SAND AND SURF’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAND AND SURF BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, AND ATTORNEY FEES AND COSTS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS, MATERIALS, OR SERVICES, INCLUDING EVENTS, RECOMMENDED TO YOU OR PROVIDED TO YOU BY SAND AND SURF. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. LINKS; AFFILIATED SITES. Sand and Surf works with various partners, affiliates, and third parties whose content and Internet sites may be linked with our Site. Sand and Surf has no control over the content and performance of these third party sites, and we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. Sand and Surf assumes no responsibility or liability for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
14. INTELLECTUAL PROPERTY RIGHTS. You agree that all content and other materials available on or with the Site are protected by copyrights, trademarks, service marks, and other intellectual property and proprietary rights and laws, and are owned or licensed by Sand and Surf. Except as expressly authorized by Sand and Surf, you agree not to copy, reproduce, translate, sell, or otherwise distribute the content or other materials available on or with the Site.
16. DISPUTE RESOLUTION.