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Definitions - "The Owners" means The Captain's Quarters Bed & Breakfast. "Site" means all elements and all the pages contained within the "The Owners" Website. "Services" means all services operated by "The Owners" and third parties through the "Site". "Materials" means all information, communications, documents, files, text, graphics, photographs, images, animations, video, audio, music, logos, software, products, and services. Acceptance of terms - "The Owners" make this "Site", including all "Materials" and "Services" available for your use subject to the terms and conditions set forth in this document and any changes to this document that "The Owners" may publish from time to time. The following terms and conditions relate to your use of this website. By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any "Materials", or merely browsing the "Site", you agree to follow and be bound by these terms and conditions. "The Owners" reserve the right to change the Terms at any time at their sole discretion. In the case of any violation of the Terms, "The Owners" reserve the right to seek all remedies available to it in law and in equity. Ownership - You acknowledge that all elements contained in this "Site", including but not limited to, the "Materials" and the intellectual property rights are provided by and owned by "The Owners" or their respective third party authors, developers and vendors. The "Site" is protected by copyright laws and other international treaties as well as other intellectual property laws and treaties and any unauthorised use of the "Materials" or "Services" at this "Site" may violate such laws and the Terms of Use. Except as expressly provided herein, "The Owners" and its suppliers do not grant any express or implied rights to use the "Materials" and "Services". Logos and trademarks may be registered in certain jurisdictions. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Grant of licence - "The Owners" hereby grant you permission to display, cache, and download "The Owners" Materials on this "Site", subject to the terms and conditions of this Agreement, provided that: 1. You display the relevant ownership notices provided with the Materials. 2. The use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain. 3. The Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of "The Owners". Also, you may not "mirror" any Materials contained on this "Site" on any other server without "The Owners" prior express written permission. Except where expressly provided otherwise by The Captain's Quarters Bed and Breakfast, nothing on this "Site" shall be construed to confer any license under any of The Captain's Quarters Bed and Breakfast or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by The Captain's Quarters Bed and Breakfast. The Captain's Quarters Bed and Breakfast shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the products of Third Party Providers. The Captain's Quarters Bed and Breakfast does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Captain's Quarters Bed and Breakfast. Any unauthorised use of any Materials contained on this "Site" may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Termination of services/website - Although it is not our intention to do so, "The Owners" may modify or discontinue its "Site" or the "Materials" provided here at any time, with or without notice to you. "The Owners" will not be liable to you or any third party as a result of such modification or discontinuation. In using the "Site", including all "Services" and "Materials" available through it, you agree: 1. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites. 2. Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files. 3. Not to disrupt or interfere with the security of, or otherwise cause harm to, the "Site", or any "Services", "Materials", system resources, servers, or networks connected to or accessible through the "Site" or any affiliated or linked sites. "The Owners" reserves the right, in its sole discretion and at any time, to terminate your access to all or part of the "Site" and/or any of its "services" without liability to you or any third-party if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use). Upon termination of your access, you will immediately destroy any downloaded or printed "Materials". Links to third party sites - This Website may contain links to Websites controlled by parties other than "The Owners". You understand and acknowledge that: 1. "The owners" do not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site, including, without limitation, third party vendors and third parties accessible through links on the site. 2. "The owners" make no representation or warranties whatsoever about any such third parties, their content, products, or services. 3. Any dealings you may have with such third parties are at your own risk. 4. "The owners" shall not be liable or responsible for any content, products, or services offered by third parties. "The Owners" is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by "The Owners" of the linked Website. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. Submissions - While we value your feedback, except where expressly provided otherwise by "The Owners", if without a request from us, you send or post creative suggestions, ideas, notes or concepts or other materials (collectively, " Submissions "), they will be considered non-confidential and non-proprietary, they will be deemed, and will remain, the property of "The Owners". Disclosure, submissions, or offer of any Comments will constitute assignment to "The Owners", at no charge, of all world-wide rights, title, and interest in all copyrights and other intellectual property rights in such "Submissions". "The Owners", may edit, copy, publish, distribute, translate, and otherwise use in any medium any "Submissions" that you forward to "The Owners", and will own exclusively all such rights, title, and interest and will not be limited in any way in its use, commercial or otherwise, of the "Submissions". You acknowledge that you are responsible for the "Submissions" that you provide, and that you, not "The Owners", have full responsibility for the "Submissions", including their legality, reliability, appropriateness, originality and copyright. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. Disclaimer - "The Owners" have taken every care in the preparation of this document and whilst the information is given in good faith based upon the latest knowledge available to "The Owners", no expressed or implied warranty, representations, guaranties or conditions is given concerning such information, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. This information must not be taken as establishing any contractual or other commitment on the part of "The Owners". "The Owners" assume no responsibility for errors or omissions, and no liability is assumed for incidental or consequential damages in connection with or arising from the use of information or programs contained on this "Site" or any other Website referenced by this "Site". Limitation of liability - "The Owners" "Site" is provided "as is" and "as available" and are used by you at your sole risk. "The Owners" shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials, or use or inability to use the website. In no event shall "The Owners" be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this website, even if "The Owners" has been previously advised of the possibility of such damage. "The Owners" website may contain bugs, errors, problems, viruses or other limitations. "The Owners" assumes no liability or responsibility for any such bugs, errors, problems or viruses or other limitations. you will not make a claim against "The Owners" for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. you agree to hold "The Owners" harmless from, and you covenant not to sue "The Owners" for, any claims based on or related to the use of the website. the effectiveness of these limitations is an express precondition to your use of this website. Indemnification - You agree to indemnify and hold "The Owners", its officers, directors, employees, agents, and partners, harmless from any claim or demand, including reasonable legal and accounting fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, your violation of any laws, regulations, or third-party rights or your violation of any rights of another person or entity. Miscellaneous - This agreement shall be governed by and construed in accordance with US law and the parties hereto agree to submit to the non-exclusive jurisdiction of the US courts. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the Website, these Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. Any questions relating to this Website may be sent through our contact page. We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of these changes. Your continued use of this "Site" will signify your acceptance of these changes. Any prices shown were correct at the time the "Site" was up loaded. Acknowledgements - Portions of clipart reproduced with permission of DawgByte Productions. |
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