Longboat-Key.net ("Longboat-Key Website")
AGREEMENT
BETWEEN Longboat-Key.net ("Longboat-Key Website") AND USER
Your use of the Longboat-Key Website is conditioned on your acceptance
without modification of the terms and conditions contained herein. Your
access and use of the Longboat-Key Website shall be deemed to indicate your
acceptance of all such terms and conditions.
PROPRIETARY RIGHTS NOTICES
All contents of the Longboat-Key Website are: Copyright © Dan
Kriwitsky, ("Longboat-Key.net"), and/or Independent Providers of
Content ("ICPs"), 105 Yacht Harbor Dr. Osprey, FL 34229 U.S.A. All
rights reserved.
CONTENT
You acknowledge that: (i) The Longboat-Key Website contains information,
communications, software, photos, video, graphics, music, sounds, and other
material and services (collectively "Content"); (ii) Such Content
is provided under license by ICPs, other users, Longboat-Key.net and its
affiliates; (iii) At minimum, Longboat-Key.net owns a copyright in the
selection, coordination, arrangement, and enhancement of such Content; (iv)
Longboat-Key.net permits access to Content that is protected by copyrights,
trademarks, and other intellectual and proprietary rights
("Rights"); (v) These Rights are valid and protected in all media
and technologies existing now or later developed; and (vi) Except as
explicitly provided otherwise, this Agreement, applicable copyright and other
laws govern your use of Content.
Each user must evaluate, and bear the risk associated with any reliance on
the accuracy, completeness or usefulness of any Content. Longboat-Key.net
does not pre-screen Content as a matter of policy: however Longboat-Key.net,
its affiliates, and ICPs shall have the right, but not the responsibility, to
remove Content that they deem harmful, offensive or otherwise in violation of
this Agreement. Accordingly, you acknowledge that neither Longboat-Key.net,
its affiliates, nor any ICP shall assume or have any liability for any action
or inaction by Longboat-Key.net or its affiliates, or any ICP, with respect
to Content on, or Content changes within, Longboat-Key Website. You also
agree and accept that as new products become available on or through Longboat-Key
Website, your use of these products is subject to this Agreement.
Framing
You may not frame our site or incorporate any of our material into another
web site via frames or any server side means of obtaining content from this
domain.
USE OF INFORMATION
You agree to use the Longboat-Key Website only for personal, non-commercial,
lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable Content;
(2) harass, threaten, embarrass, or cause distress, unwanted attention or
discomfort upon another user of the Longboat-Key Website or other person or
entity; (3) post, transmit, promote, link, or facilitate the distribution of
sexually explicit or other Content which is deemed by Longboat-Key.net to be
offensive; (4) Upload files that contain software or other material protected
by Intellectual Property laws or other applicable laws unless the user owns
or controls the rights thereto or has received all necessary consents; (5)
Upload files that contain corrupted files, viruses or any other similar
software files the intent of which is to damage the operation of another's
computer; (6) post or transmit, or cause to be posted or transmitted, chain
letters or pyramid schemes; (7) post or transmit, or cause to be posted or
transmitted, any unsolicited advertising, promotional materials, or other
forms of solicitation to other users, individuals or entities, except in
those areas that are expressly designated for such a purpose (e.g., the
classified areas), or collect or harvest screen names of other users, without
permission; (8) Falsify the origin or source of software or other material
contained in a file that is uploaded; (9) violate any operating rule, policy
or guideline of any other interactive service, including, but not limited to,
the operating policies of the International Areas; (10) intentionally or
unintentionally violate any applicable local, state, national, international
or foreign law, including, but not limited to, any rules or regulations
having the force of law; or (11) modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the Longboat-Key
Website.
WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Longboat-Key Website IS AT YOUR SOLE
RISK. THE Longboat-Key Website AND CONTENT ARE PROVIDED "AS IS" AND
"AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND
NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
IN NO EVENT SHALL Longboat-Key.net AND/OR ITS ICPS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Longboat-Key Website OR WITH
THE DELAY OR INABILITY TO USE THE Longboat-Key Website. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
Longboat-Key.net'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Longboat-Key.net DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR
SERVICE OFFERED THROUGH THE Longboat-Key Website, EXCEPT AS EXPRESSLY
PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Longboat-Key.net, its
affiliated companies, its employees, contractors, officers, directors and
ICPs from all liabilities, claims and expenses, including attorneys fees,
that arise from your use of the Longboat-Key Website. Longboat-Key.net
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you hereunder.
In such event, you shall have no further obligation to provide
indemnification for such matter.
E-MAIL
Under no circumstances is any unsolicited email or Spam to be sent to
Longboat-Key.net. No Longboat-Key.net email addresses are publicly listed.
Sending Spam to Longboat-Key.net to any email address at this domain without
the prior approval of Longboat-Key.net / Dan Kriwitsky is subject to a
storage charge of $50 per message. Sending email to Longboat-Key.net
constitutes acceptance of these terms. A contact form
is provided on the web site for initial contacts. Of course, replies to email
sent, are welcome. The lack of a reply to such a contact should not be
construed as permission to send a follow-up email. If you obtain a Longboat-Key.net
email address, and send unsolicited commercial or other email, you agree to
pay the above listed storage charge. Longboat-Key.net will make Spam
complaints to the ISP or web host of any company sending such messages.