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VISITOR
AGREEMENT
ArtByTheSea.net, further referred to as 'ABTS' is provided to
you by Screeming Bison Entertainment Publishing, further referred
to as 'SBE'.
This
visitor agreement is a binding legal contract between you and
us. Please read this visitor agreement; by using this service,
you accept its terms. The Internet is an evolving medium; we may
change the terms of this agreement from time to time. By continuing
to use the service after we post any such changes, you accept
this agreement, as modified. We reserve the right to deny access
to this website, or any service provided via this website, to
anyone who violates this visitor agreement or who, in our judgment,
interferes with the ability of others to enjoy 'SBE' or 'ABTS'
infringes the rights of others. We invite you to send in your
questions or comments about 'SBE'or 'ABTS', or to bring to our
attention any material you believe to be inaccurate. Please send
such comments, including a copy of any material you wish to discuss
to:
Website Manager
35 Del Rio Circle
Soquel, CA 95073
-or-
webmaster@screemingbison.com
PRIVACY
POLICY
We
may use and disclose information we collect from you in accordance
with our Privacy Policy. Please take a few minutes to review it.
INTELLECTUAL
PROPERTY RIGHTS
Our Limited License to You
Although
we make 'SBE' and 'ABTS' freely accessible, we don't intend to
give up our rights, or anyone else's rights, to the materials
appearing on these services. The materials available through'SBE'
or 'ABTS' are the property of 'SBE'
and 'ABTS' or its subsidiaries or licensee's, and are protected
by copyright, trademark and other intellectual property laws.
You are free to display and print for your personal, noncommercial
use information you receive through 'SBE' or 'ABTS'. But you may
not otherwise reproduce any of the materials without the prior
written consent of the owner. You may not distribute copies of
materials found on 'SBE' or 'ABTS' in any form (including by email
or other electronic means), without prior written permission from
the owner. Of course, you're free to encourage others to access
the information themselves on 'SBE' or 'ABTS' and to tell them
how to find it.
Requests
for permission to reproduce or distribute materials found on 'SBE'
or 'ABTS' should be sent to
webmaster@screemingbison.com.
User
Name Distribution
Artbythesea.net
makes it a practice to not distribute or sell our user's information.
In the event that our policies change, all users will be notified
via email and given the opportunity to remove their information
from our lists.
Your
License to Us
By
submitting material to artbythesea.net, you are representing that
you are the owner of the material, or are making your submission
with the express consent of the owner. By submitting material
to any public posting areas of artbythesea.net, such as any message
boards, forums, community publishing areas, or e-mail's to 'SBE'
or 'ABTS', you agree that we may reproduce, modify, and distribute
such material as we see fit in any medium and for any purpose.
You also agree that we may identify you as the author of any of
your postings by name, email address or screen name as we see
appropriate. We also reserve the right (but assume no obligation)
to delete, move, or edit any postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal
or other reasons.
Links
We
welcome links to our service. You are free to establish a hypertext
link to this site so long as the link does not state or imply
any sponsorship of your site by artbythesea.net.
No
Framing
Without
the prior written permission of artbythesea.net, you may not frame
any of the content of artbythesea.net , or incorporate into another
website or other service any of our intellectual property. Requests
for permission to frame our content may be sent to webmaster@screemingbison.com,
either by email, or at the address above.
Trademarks
We
don't want anyone to be confused as to which materials and services
are provided by artbythesea.net and which aren't. You may not
use any trademark or service mark appearing on artbythesea.net
without the prior written consent of the owner of the mark.
Notice
of Violations
If
you are an owner of intellectual property who believes your intellectual
property has been improperly posted or distributed via this website,
please notify us by contacting webmaster@screemingbison.com.
DISCLAIMERS
We
work hard to make artbythesea.net an interesting and informative
place. We cannot guarantee, however, that our users will always
find everything to their liking; nor could we provide a free service
if we were exposed to substantial liability. Please read these
Disclaimers carefully before using artbythesea.net.
Use
at Your Own Risk
We
provide the material available through ScreemingBison.com for
informational & retail purposes only. You may only use the
material and the services available through artbythesea.net for
your personal and noncommercial use. We try to ensure that information
we post to this site is both timely and accurate, and that the
services offered are reliable. Yet despite our efforts, errors
may occur from time to time. Before you act on any information
you've found on our site, you should confirm any facts that are
important to your decision. IF YOU RELY ON ANY INFORMATION OR
SERVICE AVAILABLE THROUGH 'SBE', YOU DO SO AT YOUR OWN RISK. YOU
UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS
YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY
MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH
'SBE'.
Materials
Submitted by Other Users
We
cannot and do not review every posting made in our forums, and
other areas available for public postings. You may well read any
given posting before anyone on the 'SBE' or 'ABTS' staff does.
Take what you find with a grain of salt. You can expect these
areas to include information and opinions from a variety of individuals
and organizations other than 'SBE' or 'ABTS'. We do not endorse
or guarantee the accuracy of any posting, regardless of whether
the posting comes from a user, from a celebrity or "expert" guest,
or from a member of our staff. There is no substitute for healthy
skepticism and your own good judgment.
No
Endorsements
We
are not responsible for, and cannot guarantee the performance
of, goods and services provided by our advertisers or others to
whose sites we link. A link to another website does not constitute
our endorsement of that site (nor of any product, service or other
material offered on that site).
No
Warranties
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE
THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND
"AS AVAILABLE." 'SBE' AND THEIR AFFILIATES, AGENTS AND LICENSEE'S
CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE
WEBSITE, NOR DO THEY GUARANTEE THAT THE MATERIALS, INFORMATION
OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations
on Our Liability
UNDER
NO CIRCUMSTANCES SHALL 'ABTS' OR 'SBE' OR THEIR AFFILIATES, AGENTS
OR LICENSEE'S BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES
ARISING OUT OF USE OF artbythesea.net, INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR
SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY
OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF 'SBE',
AND THEIR AFFILIATES, AGENTS AND LICENSEE'S IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE
LIABILITY OF 'SBE', AND THEIR AFFILIATES, AGENTS AND LICENSEE'S,
IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED
TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE
OF THE SERVICE.
Indemnity
You
agree to indemnify and hold 'ABTS', 'SBE', and their affiliates,
agents and licensee's, harmless from any claim that may arise
from your use of any information, material or service available
through artbythesea.net.
MISCELLANEOUS
Registration
To
obtain access to certain services on our site, you may be given
an opportunity to register with 'SBE'. You agree that the information
you supply during that registration process will be accurate and
complete and that you will not register under the name of, nor
attempt to enter the service under the name of, another person.
'SBE' reserves the right to reject or terminate any user name
that, in its judgment, it deems offensive. You will be responsible
for preserving the confidentiality of your password and will notify
us of any known or suspected unauthorized use of your account.
Jurisdiction. This visitor agreement has been made in and shall
be construed in accordance with the laws of the State of California.
By using this service, you consent to the exclusive jurisdiction
of the state and federal courts in Santa Cruz County, California
in all disputes arising out of or relating to this agreement or
this website.
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