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TERMS AND
CONDITIONS OF USE
1.
INTRODUCTION. Welcome to the web site adventuresineden.com and will be referred to in this
document as Sun-Breeze Imagery
2. ACCESS TO THE
SITE. BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY
THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE")
INCLUDING THE PRIVACY POLICY ("PRIVACY POLICY") (COLLECTIVELY THE
"TERMS") AND TO COMPLY WITH ALL APPLICABLE U.S. LAWS AND
REGULATIONS. In addition, you hereby represent and certify that you
are at least eighteen (18) years of age. If you do not or cannot
agree to the Terms, you are not authorized to use the Site or any of
the services offered through the Site. Sun-Breeze Imagery reserves
the right, in its sole discretion, to update, revise, supplement and
to otherwise modify these Terms, and to impose new or additional
terms and conditions on your use of the Site from time to time. Such
updates, revisions, supplements, modifications and additional rules,
policies, terms and conditions (collectively referred to in these
Terms as "Additional Terms") shall be effective immediately and
incorporated into these Terms upon notice thereof, which may be
given by any reasonable means including by posting to the Site. Your
continued viewing or use of the Site following such notice shall be
deemed to conclusively indicate your acceptance of any and all such
Additional Terms.
3. ACCEPTABLE USE OF THE SITE. In
order to use the Site, you must obtain access to the Internet and
pay any and all service fees associated with such
access.
(a) Individual Use. You
agree that you are only authorized to visit, view and to retain a
single copy of pages of the Site for your own internal use and not
on behalf of any other person or entities, and that you shall not
duplicate, download, publish, modify or otherwise distribute any
material on the Site for any purpose other than for your own
internal use unless otherwise specifically authorized by
Sun-Breeze Imagery in writing. Sun-Breeze Imagery posts legal
notices and various credits on pages of the Site, which you shall
not remove even in your permitted copies.
(b) Deep Links; Linking.
You agree not to "deep-link" to the Site, meaning that you shall
not create, post, display, publish or distribute any link to any
page other than the front (home) page of the Site for any purpose,
unless specifically authorized by Sun-Breeze Imagery in writing to
do so. If you do want to link to the Site in any manner, you may
contact the us at kelleyandsusan@gmail.com
to seek approval.
(c) Framing. You agree not
to create any frames at any other web sites pertaining to or using
any of the content located at the Site for any purpose, unless
specifically authorized by Sun-Breeze Imagery in writing to do so.
(d) Security, Cracking and
Hacking. You are prohibited from violating or attempting to
violate the security of the Site. Accordingly, you agree not to:
(i) access data or materials not intended for you; (ii) log into a
server or account which you are not authorized to access; (iii)
attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization; or (iv) attempt to interfere with service to
any user, host or network, including without limitation, by means
of submitting a virus to the Site, overloading, "flooding", "mail
bombing" or "crashing" the Site. Violations of system or network
security may result in civil or criminal liability. Sun-Breeze
Imagery reserves the right to investigate occurrences which may
involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who have participated
in such violations. You understand that data and communications,
including e-mail and other electronic communications, may be
accessed by unauthorized third parties when communicated over the
Internet.
(e) You Are Responsible For All
of Your Activities and All of The Content You Post or Submit.
You represent and warrant that any information and/or material you
post or provide to Sun-Breeze Imagery by means of the Site,
including, without limitation, as part of any registration or
subscription or to gain access to or use any services offered on
the Site ("Submissions"), is truthful, accurate, not misleading,
not confidential property of others, not in violation of any other
third party's rights and offered in good faith. You agree NOT to
use the Site for or in connection with any of the following
activities: (i) transmitting or relaying spam, spoofing or
otherwise impersonating any person or entity, or falsely stating
or otherwise misrepresenting your identity or affiliation in any
way; (ii) using the Site for any fraudulent or illegal purpose;
(iii) e-mailing, uploading, or otherwise transmitting or using the
Site in furtherance of the use, distribution or transmission of
any unlawful, harassing, defamatory, torturous, libelous, hateful,
racially, ethnically or otherwise objectionable material of any
kind; and (iv) transmitting material that contains viruses, Trojan
horses, worms, time bombs, cancel bots or other computer
programming routines or engines that are intended to damage,
destroy, disrupt or otherwise impair a computer's functionality or
the operation of the Site.
(f) Information Disclosed via
the Site. IN ADDITION TO ANY OTHER WARRANTY
DISCLAIMER PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU
VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT,
HEALTHCARE PROFESSIONAL RECOMMENDATIONS, PRODUCT RECOMMENDATIONS,
PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS
MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS
TO ABILITY, ACCURACY, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED
PURPOSE OR COMPLIANCE WITH APPLICABLE LAW.
(g) Do Not Violate Third Party
Intellectual Property Rights. Without limiting the foregoing,
you shall not, and by using the Site you agree not to, use the
Site to: (i) transmit or post any Submissions that are
copyrighted, unless you are the copyright owner or have obtained
the permission of the copyright owner to transmit it; (ii)
transmit or post any Submissions that reveal trade secrets, unless
you own them or have the permission of the owner to so transmit
them; or (iii) transmit or post any Submissions that infringe on
any Intellectual Property Rights (as defined below) of others or
violates the privacy or rights of publicity of others.
Furthermore, unless otherwise expressly provided, you acknowledge
and agree that: (a) all Submissions shall become property of
Sun-Breeze Imagery; (b) Sun-Breeze Imagery has the right to
publish the Submissions for any type of use including for
promotional and advertising purposes, in accordance with the terms
set forth in the Privacy Policy, without compensation to you of
any kind; (c) any Submissions that you submit to any part of the
Site are non-confidential for all purposes; and (d) that if you
make any such Submission, you automatically grant, represent and
warrant that the owner of such content has expressly granted
Sun-Breeze Imagery a royalty-free, perpetual, irrevocable,
world-wide exclusive license to use the Submissions in any manner,
media or form now known or hereafter developed. Sun-Breeze Imagery
shall have the right to sublicense its rights. The term
"Intellectual Property Rights" shall mean, collectively, rights
under patent, trademark, copyright and trade secret laws, and any
other intellectual property or proprietary rights recognized in
any country or jurisdiction worldwide, including, without
limitation, moral rights and similar rights.
(h) Ownership. Sun-Breeze
Imagery places content on the Site for you to examine from time to
time including, without limitation, text, graphics, photographs,
pictures, drawings, animation, audio, video, literature and any
other material distributed by Sun-Breeze Imagery on, through or in
connection with the Site. Moreover, Sun-Breeze Imagery attempts to
display the content in a way that will be easily accessible and
useful for you, the user. All content and materials on the Site
including, without limitation, text, graphics, logos, button
icons, images, audio clips and software included in the Site and
any services offered on the Site, are the property of Sun-Breeze
Imagery, its sponsors or business affiliates, and/or their
respective licensors, and are subject to U.S. and international
Intellectual Property Rights laws. The compilation of all content
on the Site is the exclusive property of Sun-Breeze Imagery
and is protected by U.S. and international copyright laws. All
software used on the Site is the property of Sun-Breeze
Imagery or its licensors and is subject to U.S. and international
copyright laws. Except to the minimum extent otherwise expressly
permitted under copyright law, no copying or exploitation of
material from the Site is permitted except expressly in accordance
with these Terms or with the express written permission of
Sun-Breeze Imagery and any other applicable copyright owner. You
acknowledge that you do not acquire any ownership rights by virtue
of downloading copyrighted material from the Site. All rights not
expressly granted hereunder are expressly reserved to Sun-Breeze
Imagery.
4. WARRANTY DISCLAIMER. THE
CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY AND NO INFRINGEMENT. Sun-Breeze Imagery
DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR? FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM
THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR
ERROR-FREE. Sun-Breeze Imagery DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY
INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED, Sun-Breeze Imagery EXPRESSLY DISCLAIMS
ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF
INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY
SITES THAT LINK TO OR FROM THE SITE. Sun-Breeze Imagery DISCLAIMS
ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER
FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY
MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. Sun-Breeze
Imagery CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED
ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES Sun-Breeze Imagery MAKE ANY REPRESENTATIONS OR
WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE
REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY. YOUR
USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT
LIMITATION, Sun-Breeze Imagery' NEGLIGENCE,
SHALL Sun-Breeze Imagery, ITS AFFILIATES,
RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT,
SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR
INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE
SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF Sun-Breeze Imagery OR AN AUTHORIZED Sun-Breeze Imagery
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT
THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE
HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION,
IN NO EVENT SHALL Sun-Breeze Imagery's TOTAL LIABILITY TO YOU, OR
ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS
AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
6. INDEMNIFICATION You shall
indemnify, defend and hold harmless Sun-Breeze Imagery and its
sponsors, business affiliates, vendors, content providers,
subsidiaries, related entities, affiliates, officers, directors,
employees, attorneys and agents, from and against any and all
damages, claims and actions brought by you or any third party
resulting from your use of the site in violation of these terms or
the infringement by you of any intellectual property rights of any
person or entity.
6. GOVERNING LAW AND ARBITRATION.
The laws of the State of Colorado (excluding any principles of
conflicts of laws) govern your use of the Site, the services and
these Terms. You agree that the parties shall settle any claim or
dispute relating to these Terms by binding arbitration in Denver,
Colorado under the Commercial Arbitration Rules of the American
Arbitration Association. To the fullest extent permitted by
applicable law, no arbitration under these Terms shall be joined to
an arbitration involving any other party subject to these Terms,
whether through class arbitration proceedings or otherwise.
NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE,
FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE
SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND
HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE
APPROPRIATE STATE OR FEDERAL COURTS
7. WAIVER AND
SEVERABILITY. Furthermore, no delay or omission by Sun-Breeze
Imagery to exercise any right or any noncompliance on your part with
respect to the Terms shall impair any such right or be construed to
be a waiver by Sun-Breeze Imagery. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid or
unenforceable in whole or in part, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however, if such
invalid or unenforceable provision may be modified so as to be valid
and enforceable as a matter of law, such provision will be deemed to
have been modified so as to be valid and enforceable to the maximum
extent permitted by law.
8. CONTRACT ELECTRONICALLY You
agree that the Terms, combined with your act of using the Site
and/or the services offered on or through the Site have the same
legal force and effect as a written contract with your written
signature and satisfy any laws that require a writing or signature,
including any applicable Statute of Frauds. You further agree that
you shall not challenge the validity, enforceability or
admissibility of the Terms on the grounds that it was electronically
transmitted or authorized. In addition, you acknowledge that you
have had the opportunity to print the
Terms. |