Welcome to your agreement with www.sweethomecapitola.com
You understand and agree that, by visiting www.sweethomecapitola.com, you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of www.sweethomecapitola.com. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use www.sweethomecapitola.com with the consent of a parent or legal guardian.
Copyright and other intellectual property rights
Material published on www.sweethomecapitola.com, including articles, photos, Content Feeds, graphics, bulletin board postings, audio and video clips, trademarks, service marks, and other content, is copyrighted by Sweet Home Capitola, or by other information providers who have licensed their content for use on www.sweethomecapitola.com.
You may not reproduce, republish or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.
You will not in any way infringe or misappropriate any of the intellectual property in and to the Content accessible through www.sweethomecapitola.com, you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of www.sweethomecapitola.com or others except as expressly permitted herein.
You also grant www.sweethomecapitola.com the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to www.sweethomecapitola.com for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to www.sweethomecapitola.com that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
www.sweethomecapitola.com encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy www.sweethomecapitola.com is prohibited. www.sweethomecapitola.com reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:
Provide any information that is false, misleading or inaccurate.
Use any portion of www.sweethomecapitola.com for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
Use any portion of www.sweethomecapitola.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Use any portion of www.sweethomecapitola.com for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Use any portion of www.sweethomecapitola.com for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by www.sweethomecapitola.com
Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from www.sweethomecapitola.com.
Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of www.sweethomecapitola.com , any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.
Take any action that: (i) imposes or may impose, in www.sweethomecapitola.com's sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of www.sweethomecapitola.com; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of www.sweethomecapitola.com.
To register a complaint about another user's conduct, please e-mail email@example.com
5.1 License Grant for Content Feeds
www.sweethomecapitola.com offers or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that www.sweethomecapitola.com elects to offer Content Feeds(s), www.sweethomecapitola.comgrants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes content from www.sweethomecapitola.com not included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the headline and first paragraph of a story on www.sweethomecapitola.com, the foregoing license does not give you the right to display the entire story on your Site.
You may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.
Further Restrictions; No Modification. Unless otherwise consented to in writing by www.sweethomecapitola.com, you will: (a) display the Content Feed on your Site in the exact form received by you, and not modify or edit it; (b) ensure that the fundamental meaning of the Content Feed is not changed or distorted; (c) comply with all applicable laws and all limitations and restrictions (if any) placed by www.sweethomecapitola.com on the use, display or distribution of any Content Feed. You will not (s) archive any Content Feeds for access by users at any future date after the Content Feed has been removed from your Site; (t) display the name, logo, trademark or other identifier of another person on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of www.sweethomecapitola.com; (u) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the Content Feed(s), including without limitation, the size, color, location or style of www.sweethomecapitola.com's marks; (v) make any representation or warranty on behalf of www.sweethomecapitola.com; (w) incorporate any Content Feeds on any site containing nudity or pornographic material, that displays material that exploits children under the age of 18, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the www.sweethomecapitola.com in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading; (x) display the Content Feed in a manner that does not allow for successful linking and redirection to, and delivery of, www.sweethomecapitola.com's page; (y) frame any www.sweethomecapitola.com page; or (z) fail to stipulate that the Content Feed is supplied by www.sweethomecapitola.comand is protected by copyright and owned by Sweet Home Capitola.
Warranty If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.
Disclaimer and Limitation of Liability.
While www.sweethomecapitola.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service.
Nor does www.sweethomecapitola.com warrant or guarantee that any files available for downloading will be free of defects. Nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in www.sweethomecapitola.com. The content, services, and features of www.sweethomecapitola.com are subject to change without notice. The inclusion of any content, services, and features on www.sweethomecapitola.com at a particular time does not imply or warrant that these products or services will be available at any time. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of www.sweethomecapitola.com and the accuracy and completeness of any information is with you. Opinions, advice and all other information expressed on www.sweethomecapitola.com forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of www.sweethomecapitola.com. The company does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized www.sweethomecapitola.com spokespersons.
Any investment decisions or other actions that users take based on information available on www.sweethomecapitola.comshould first be reviewed by a competent financial adviser or other professional. THE www.sweethomecapitola.com SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
6.2. Limitation of Liability.
In no event will www.sweethomecapitola.com, or their parents or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use www.sweethomecapitola.com, or any information or services provided on www.sweethomecapitola.com, even if www.sweethomecapitola.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on www.sweethomecapitola.com. IN NO EVENT WILL www.sweethomecapitola.com, OR THEIR PARENTS' OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless www.sweethomecapitola.com, and their parents and affiliates from: (i) your use of and access of www.sweethomecapitola.com; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of www.sweethomecapitola.com.
We may terminate these Terms of Service, your account, or your access to www.sweethomecapitola.com at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of www.sweethomecapitola.com and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.
This agreement between www.sweethomecapitola.com and its users will be governed and interpreted under the laws of the state of Jalisco. Courts located in Capitola, California have jurisdiction in any dispute arising from these Terms of Service. In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
Void Where Prohibited by Law.
These Terms of Service are void where prohibited by law, and the right to access www.sweethomecapitola.com is revoked in such jurisdictions.
The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.