Terms & Conditions |
|
This page details the agreement between us, South Coast Blogs, and you, the visitor, when you purchase any Service provided by SCB. Please read this carefully so you know the kinds of agreements and terms of service that are entailed in your purchase 1 Acceptance of TermsSouth Coast Blogs is a property of Boling & Wood, LLC. South Coast Blogs provides website services to our clients subject to the following Terms of Service, which will be updated from time to time with or without notice. Review the Terms of Service here at www.southcoastblogs.com/terms whenever you wish. Whenever you use any South Coast Blogs media services, you will be subject to the guidelines and rules applicable to those services. 2 DESCRIPTION OF SERVICESouth Coast Blogs provides users with access to a rich collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed, referred to as the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for South Coast Blogs to provide the Service. You also understand and agree that the Service may include certain communications from South Coast Blogs, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new South Coast Blogs properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that South Coast Blogs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees, such as Internet service provider or airtime charges. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3 YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or South Coast Blogs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, South Coast Blogs has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion of the Service. 4 SOUTH COAST BLOGS PRIVACY POLICYRegistration Data and certain other information about you is subject to our Privacy Policy. For more information, please view our full privacy policy at www.southcoastblogs.com/privacy. When purchasing any of our Themes, you understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by South Coast Blogs. 5 MEMBER ACCOUNT, PASSWORD, AND SECURITYYou will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify South Coast Blogs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. South Coast Blogs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6 MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not South Coast Blogs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. South Coast Blogs does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will South Coast Blogs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: impersonate any person or entity, including, but not limited to, a South Coast Blogs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas, such as shopping, that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; “stalk” or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that South Coast Blogs may or may not pre-screen Content, but that South Coast Blogs and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, South Coast Blogs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service. You acknowledge, consent, and agree that South Coast Blogs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of South Coast Blogs, its principals, employees, associates, affiliates, users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 7 INTERSTATE NATURE OF COMMUNICATIONS ON SOUTH COAST BLOGSWhen you register, you acknowledge that in using South Coast Blogs services to send electronic communications you will be causing communications to be sent through South Coast Blogs’s computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of South Coast Blogs’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission. 8 SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 9 CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICESouth Coast Blogs does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant South Coast Blogs and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable: a With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or South Coast Blogs removes such Content from the Service. b With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content, in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Service are those areas of the South Coast Blogs network of properties that are intended by South Coast Blogs to be available to the general public. 10 INDEMNITYYou agree to indemnify and hold South Coast Blogs and its Affililiate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 11 NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, including your membership ID, use of the Service, or access to the Service. 12 GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that South Coast Blogs may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on South Coast Blogs’s servers on your behalf, and the maximum number of times, and the maximum duration for which, you may access the Service in a given period of time. You agree that South Coast Blogs has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that South Coast Blogs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that South Coast Blogs reserves the right to modify these general practices and limits from time to time without notice. 13 MODIFICATIONS TO SERVICESouth Coast Blogs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any Part of a Service, with or without notice. You agree that South Coast Blogs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason. 14 TERMINATIONYou agree that South Coast Blogs may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; Termination of your account includes: 15 Dealings with AdvertisersYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that South Coast Blogs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 16 LinksThe Service may provide, or third parties may provide, links to other websites or resources. Because South Coast Blogs has no control over such sites and resources, you acknowledge and agree that South Coast Blogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that South Coast Blogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 17 South Coast Blogs Proprietary RightsYou acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by South Coast Blogs, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. You expressly agree that: b South Coast Blogs and its officers, employees, agents, partners, and licensors, make no warranty that: c Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d No advice or information, whether oral or written, obtained by you from South Coast Blogs or through or from the service shall create any warranty not expressly stated in the Terms of Service. e A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. 19 Limitation of LiabilityYou expressly understand and agree that South Coast Blogs, and anyone that works with SCB, shall not be liable to you for any direct or indirect damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if such losses are reasonably foreseeable or that South Coast Blogs has actual notice of the possibility of such damages, resulting from: a The use or the inability to use the service, 20 SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERSThe Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. South Coast Blogs shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information. 21 NO THIRD-PARTY BENEFICIARIESYou agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement. 22 NoticeSouth Coast Blogs may provide you with notices, including those regarding changes to the Terms of Service generally by email, and occasionally by snail mail. 23 Trademark InformationAll logos, product, and service names related to these Terms of Service are trademarks of South Coast Blogs. If you’d like to use our trademarks, logos, or other images, please let us know ahead of time. We’d be able to provide you with high-quality images and EPS files. 24 Notice and Procedure for Making Claims or Copyright or Intellectual Property InfringementSouth Coast Blogs tries its best to respect the intellectual property of others. South Coast Blogs may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide South Coast Blogs the following information in a writing signed, either physically or digitally, by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf: mail email GENERAL INFORMATIONEntire Agreement Choice of Law and Forum Waiver and Severability of Terms Right of Survivorship and Transferability Statute of Limitations ViolationsKindly report any violations of these Terms of Services to support@southcoastblogs.com. |