The following terms and conditions (the "Terms and Conditions") cover the Dr. Beach.org website ("Dr. Beach"), any associated Content (as defined below) including email, and Submissions, as defined below (collectively the "Site"). Please read these Terms and Conditions carefully before using or proceeding to access the Site. You must read and agree to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use or participate in the Site. Your access to and registration with the Site (as applicable) is governed by the following Terms and Conditions. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use. Dr. Beach.org grants you access to use the Site solely in accordance with these Terms and Conditions. You acknowledge that unauthorized use of the Site may violate copyright, trademark, privacy, publicity, communication and other applicable laws. As used here, "you" or "User" means any user or visitor of the Site who is deemed to have read, understood and agreed to the Terms and Conditions and "we" or "us" means Dr. Beach.org.
DESCRIPTION OF SITE. The Site is an editorially driven lifestyle website featuring information, opinions and other Content regarding a wide variety of topics including beaches, water safety, travel, food, recreation and related goods and services.
USE OF THE SITE. Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Dr. Beach.org and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Dr. Beach.org or such third party which may own the Marks. All information, materials and content including any text, photographs, audio, video, illustrations and software programs made available by Dr. Beach.org on or through the Site ("Content") is protected by copyright and is the property of Dr. Beach.org and other parties. Users may only use the Site and Content for personal use as and to the extent permitted under these Terms and Conditions and are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or any other purposes. You agree that your participation in the Site is voluntary, personal and non-transferable. Dr. Beach.org may, in its sole discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms and Conditions.
MODIFICATIONS TO THESE TERMS AND CONDITIONS. We may change the Terms and Conditions of the Site from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Site to keep up to date with the current terms and conditions regarding your use of the Site. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and Conditions and any modifications thereof and (2) your agreement to abide and be bound by the Terms and Conditions as modified.
MODIFICATIONS TO SITE. We reserve the right to modify or discontinue the Site with or without notice to you. Neither Dr. Beach.org, nor its parent company or affiliates shall be liable to you or any third party should we exercise this right to modify or discontinue the Site.
USER SUBMISSIONS/ASSIGNMENT. You irrevocably assign to Dr. Beach.org all rights in and to all text, photographs, illustrations, audio, video and any other content and information (including any ideas or expressions of ideas embodied therein, and your Site screen/user name) that you upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site (collectively "Submissions"). All comments, suggestions, graphics, ideas (including product and advertising ideas), and information, materials or other portion of the Submissions you submit to Dr. Beach.org through this Site will become and remain the exclusive property of Dr. Beach.org, including any future rights associated with such Submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge Dr. Beach.org and/or its agencies unrestricted right to use them (or materials or ideas similar to them) in any medium or method of transmission now know or hereafter devised, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personally identifiable information, Dr. Beach.org, its parent company, affiliates, licensees, assigns and/or agencies have no obligation to keep your Submissions (or any of the material contained therein) confidential. You will not be entitled to any remuneration for any use of your Submissions by us or our parent company, affiliates, licensees, assigns or any other person or entity.
You further release and waive all claims against Dr. Beach.org, its parent company, affiliates and/or agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.
CODE OF CONDUCT. The Site makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.
You agree to abide by the following rules of conduct:
(1) You must be 18 years of age or older to register with or use the Site.
(2) Only those who have registered as members or registered users may access the registration-required portions of the Site.
(3) You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit Submissions in any form except (i) to and through the Site as and to the extent expressly permitted hereunder, and (ii) that Users may use the "E-mail a Friend" of Facebook features to share specific content to their friends.
(4) You agree not to use the Site to solicit or advertise any commercial product or activity.
(5) You agree not to use behavior that does not support a safe and comfortable environment for all Users, including but not limited to posting or transmitting any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
(6) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions which:
(i) restrict or inhibit any other User from using the Site or contain a virus or other harmful component.
(ii) violate any local, state, Federal or International laws or give rise to civil liability.
(iii) violate or infringe any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right).
(iv) violate these Terms and Conditions or are not otherwise appropriate or pertinent to the purpose of the Site.
(v) impose an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site.
(7) You agree not to use any trademarks, trade names, logos or other identifying marks ("Marks") of Dr. Beach.org, its parent company, affiliates, agencies or any third party for any purpose including without limitation to use as metatags on the Site or on other pages or sites on the World Wide Web without the written permission of Dr. Beach.org, and, if applicable, the third party that owns the Marks.
(8) You agree not to use the Site for any unlawful purpose or activity including without limitation:
(i) chain letters, junk mail, spamming or similar activities.
(ii) "spoofing" (i.e., using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating Dr. Beach.org, another User or the Site Moderator).
(iii) Using or possessing programs to "crack" passwords or other Internet security tools.
(iv) Attempting to circumvent established Internet security measures.
(v) posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
(9) You agree not to interfere with another Users use and enjoyment of the Site.
(10) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit any photos, hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.
(11) Before beginning a new discussion, please skim through the threads to make sure that someone has not already started a conversation about your topic. Also, please make sure that you place your post in the appropriate thread.
(12) Please respect the opinions of other Users. We encourage you to discuss opinions as long as they remain respectful. This Site was created to allow sharing and discussion of opinions and experiences pertaining to a wide variety of topics such as travel, food, wine, golf, family and luxury goods and services and any attempts to harass or threaten other Users because they have differing opinions will not be tolerated.
(13) We encourage you to be as individual as you like in the way you express yourself, but messages that get your point across (and get the best responses) are those that use complete words and sentences with an attempt at good grammar and spelling. Please do not type in uppercase - this is considered yelling.
(14) Please do not post the same message more than once in the same thread or another thread. It is considered spamming and is not permitted.
(15) Occasionally a User may create a thread with inflammatory remarks just to stir things up. This type of post is called a troll and is not permitted.
(16) Do not give out or post any of your personally identifiable information (e.g., your email address, your real name, your mailing address and your phone number). If you are asked for any of this information, we suggest you simply say "I don't feel comfortable giving that out" and please report it using the Site's tool for reporting posts that violate these Terms and Conditions.
Violations: You are solely responsible for the Submissions (including the content and other information contained therein) you transmit to or through the Site. Should your conduct fail to conform with these Terms and Conditions, we reserve the right to remove or edit any material or other portion of any Submission that does not (in our sole judgment) comply with these Terms and Conditions, revoke posting privileges and/or ban you from accessing the Site at our sole discretion. Our decisions are considered final. If you see a post that violates these Terms and Conditions in some way, please report it using the Site's tool for reporting posts that violate these Terms and Conditions.
If you choose to reply to an offensive/abusive post on this Site, please do so respectfully. Your post is subject to the same Terms and Conditions as the original post, even if the original post violates the Terms and Conditions.
Although Dr. Beach.org, its parent company, affiliates and/or its agencies may monitor postings and transmissions to the Site, it is not obligated to do so and will not be liable for any Submissions on the Site. Neither Dr. Beach.org nor its parent company, affiliates or agencies endorse any information or other portion of any Submission uploaded, stored, processed, posted, transmitted, distributed, published or otherwise submitted to or through the Site.
HYPERLINKING. THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). Dr. Beach.org HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT Dr. Beach.org HAS PROVIDED A LINK TO A LINKED SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND Dr. Beach.org URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
Dr. Beach.org PERMITS USERS TO ADD HYPERTEXT LINKS TO THE SITE PROVIDED THE CONTENT OF SUCH LINKED SITE COMPLIES WITH THESE TERMS AND CONDITIONS. Dr. Beach.org, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES). Dr. Beach.org PROHIBITS THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE SITE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES) IS AT THE USER'S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE. NEITHER Dr. Beach.org, NOR ITS PARENT COMPANY OR AFFILIATES ISRESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
NO WARRANTIES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
NEITHER Dr. Beach.org, NOR ITS PARENT COMPANY OR AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, (B) ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Dr. Beach.org, ITS PARENT COMPANY, AFFILIATES ORAGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Dr. Beach.org SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. Dr. Beach.org DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. Dr. Beach.org IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. Dr. Beach.org MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. Dr. Beach.org MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT Dr. Beach.org, ITS PARENT COMPANY, AFFILIATES AND AGENCIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF Dr. Beach.org IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Dr. Beach.org CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. Dr. Beach.org, ITS PARENT COMPANY, AFFILIATES AND AGENCIES HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE Dr. Beach.org, ITS PARENT COMPANY, AFFILIATES AND AGENCIES FROM ANY LIABILITY WITH RESPECT TO THE SAME.
INDEMNIFICATION. You agree to indemnify and hold Dr. Beach.org, its agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.
TERMINATION. We shall not be liable to you or any third party for termination of the Site. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS. You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. Dr. Beach.org assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
LAWS. The Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflict of law provisions. You and Dr. Beach.org agree to submit to the exclusive jurisdiction of the courts of the state of Florida. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against Dr. Beach.org, its parent company or affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and Dr. Beach.org agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.