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Copyright/Web Site Use Agreement and Legal Notices


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1. General.

1.1 This Agreement governs your use of this web site and its associated services (the "www.SDSurfGallery.com website"). , including related websites "www.SDSurfGallery.org”, "www.SDSurfGallery.net”, "www.SDSurfGallery.info” and “SanDiegoSurfGallery.com” which are owned and operated by Outside Bank Services and its subsidiaries, affiliates, divisions and related companies. The term SDSurfgallery is used and intended the be one of the same as any and all SDSurfgallery websites.

1.2 SDSurfGallery.Com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the www.SDSurfGallery.com website. Your use of the www.SDSurfGallery.com website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SDSurfGallery as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the www.SDSurfGallery.com website.

2. Use of Content.

2.1 You acknowledge that the www.SDSurfGallery.com website contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of SDSurfGallery or third parties, including but not limited to product names, logos, designs, photographs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the www.SDSurfGallery.com website. Users of the www.SDSurfGallery.com website may use the Content only for their personal, noncommercial use. Users of the www.SDSurfGallery.com website wanting to use the content for commercial use must obtain prior express written permission of SDSurfGallery.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and or copyright. Subject to the provisions of this Agreement, you may post on the www.SDSurfGallery.com, SDSurfGallery.net, SDSurfgallery.org and SDSurfgallery.info websites any content owned by you, content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to SDSurfGallery the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the SDSurfGallery websites without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of SDSurfGallery.Com. "Free" content (such as surf photos taken along San Diego Beachs ) may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of SDSurfGallery.Com.

 

3. Rules of Conduct.

You shall not post on the www.SDSurfGallery.com website any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the www.SDSurfGallery.com website any links to any external Internet sites that are obscene or pornographic. You shall not use the www.SDSurfGallery.com website for any commercial purpose not expressly approved by SDSurfGallery.Com, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

4. Managing Content.

SDSurfGallery.Com does not and cannot review the content posted by users on the www.SDSurfGallery.com website and is not responsible for such content. However, SDSurfGallery.Com reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. SDSurfGallery.Com shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 SDSurfGallery.Com does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of SDSurfGallery.Com or its advertisers or sponsors.

5.2 The www.SDSurfGallery.com website may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that SDSurfGallery.Com is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

6. Indemnity.

You agree to indemnify, defend and hold SDSurfGallery.Com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the " SDSurfGallery.Com Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any SDSurfGallery.Com Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. SDSurfGallery.Com reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SDSurfGallery.Com’s defense of such claim.

7. Termination of Service.

SDSurfGallery.Com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the www.SDSurfGallery.com website, including the Interactive Areas, at any time for any reason without prior notice or liability. SDSurfGallery.Com may change, suspend or discontinue all or any aspect of the www.SDSurfGallery.com website at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

8.1 NEITHER SDSURFGALLERY.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE www.SDSurfGallery.com WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SDSURFGALLERY.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE www.SDSurfGallery.com WEBSITE OR THE CONTENT. THE www.SDSurfGallery.com WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER SDSURFGALLERY.COM, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE www.SDSurfGallery.com WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE www.SDSurfGallery.com WEBSITE. NEITHER SDSURFGALLERY.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE www.SDSurfGallery.com WEBSITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2. NEITHER SDSURFGALLERY.COM NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SDSURFGALLERY.COM, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. MISCELLANEOUS.

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in San Diego County in the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.