The effective date of this agreement is October 15, 2014.
This agreement contains the terms and conditions (the “Terms of Service”) under which www.pacificcoastexplorers.com (“Pacific Coast Explorers″, “we” or “us”) offers you (the “user” or “you”), access to its website www.pacificcoastexplorers.com (the “Site”) and Pacific Coast Explorers services (as defined below). Among other things, these Terms of Service describe the user’s responsibilities and limit Pacific Coast Explorers’s liability. Before using any of the Services, please read all these Terms of Service and the Site carefully. In the event of any conflict between these Terms of Service and any other provisions set forth in the Site, these Terms of Service will control.
These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Pacific Coast Explorers. Pacific Coast Explorers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Pacific Coast Explorers will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Pacific Coast Explorers from any and all liability arising from your use of any third-party website.
The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
a.your use of the Site as permitted is solely for personal, non-commercial use,
b.you will not copy or distribute any part of the Site without Pacific Coast Explorers’s written permission,
a.modify, translate or reverse engineer any portion of the Site or Services;
b.launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Pacific Coast Explorers servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pacific Coast Explorers grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pacific Coast Explorers reserves the right to revoke these exceptions either generally or in specific cases;
d.solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
e.remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
g.create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;
h.transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
a.you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pacific Coast Explorers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and
b.you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
In connection with User Submissions, you further agree that you will not:
a.submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pacific Coast Explorers all of the license rights granted herein;
b.publish falsehoods or misrepresentations that could damage Pacific Coast Explorers or any third party;
d.post advertisements or solicitations of business; nor
e.impersonate another person.
Pacific Coast Explorers does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pacific Coast Explorers expressly disclaims any and all liability in connection with User Submissions. Pacific Coast Explorers reserves the right to remove User Submissions without prior notice. Pacific Coast Explorers will also terminate a User’s access to the Site, if they are determined to be repeat offenders. Pacific Coast Explorers also reserves the right to decide whether User Submissions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Pacific Coast Explorers may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Pacific Coast Explorers is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pacific Coast Explorers with respect thereto, and agree to indemnify and hold Pacific Coast Explorers, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Pacific Coast Explorers, you hereby grant Pacific Coast Explorers a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Pacific Coast Explorers (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Pacific Coast Explorers Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.
If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
d.Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
Pacific Coast Explorers © designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Pacific Coast Explorers customer service through firstname.lastname@example.org . You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
It is Pacific Coast Explorers policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
Additionally, Pacific Coast Explorers has developed an affiliate program whereby merchandise related companies sell products through links provided on the Site. In return, Pacific Coast Explorers is paid a varying percentage of the sales price of sales originating from the Site. Pacific Coast Explorers is committed editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.
(a) PACIFIC COAST EXPLORERS MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(b) PACIFIC COAST EXPLORERS MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES PACIFIC COAST EXPLORERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;
(c) PACIFIC COAST EXPLORERS DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;
(d) PACIFIC COAST EXPLORERS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(e) PACIFIC COAST EXPLORERS EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF PACIFIC COAST EXPLORERS. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
(b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL PACIFIC COAST EXPLORERS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH PACIFIC COAST EXPLORERS’S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
(c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
a.your breach of these terms of service,
b.any fraud, manipulation, deception or misrepresentation by you,
d.any violation of applicable federal or state laws or regulations.
(b) Complete Terms of Service. These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and Pacific Coast Explorers. You and Pacific Coast Explorers have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid.
(c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND PACIFIC COAST EXPLORERS IN CONNECTION WITH OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF LOS ANGELES. YOU AND PACIFIC COAST EXPLORERS EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.
(d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.