SUBMARINAŽ, INC. TERMS OF USE AGREEMENT
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement
was last updated on May 18, 2007.
This Terms of Use Agreement sets forth the standards of
use of the SubmarinaŽ, Inc. Online Service. By using the SubmarinaŽ,
Inc./www.submarina.com website you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective
immediately upon being posted at the SubmarinaŽ, Inc./www.submarina.com
website. Your continued use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may
not be amended.
1. DESCRIPTION OF SERVICE
SubmarinaŽ, Inc.
is providing Member with SubmarinaŽ, Inc./www.submarina.com website
access. Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate with such
connection.
2.
Disclaimer of
Warranties
The site is
provided by SubmarinaŽ, Inc. on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, SubmarinaŽ,
Inc. makes no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in terms of
its correctness, accuracy, reliability, or otherwise. SubmarinaŽ, Inc.
shall have no liability for any interruptions in the use of this
Website. SubmarinaŽ, Inc. disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties; therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
SUBMARINAŽ, INC. SHALL NOT
be liable
for any damages whatsoever, and in particular SubmarinaŽ, Inc. shall not
be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if SUBMARINAŽ, INC. has
been advised of the possibility of such damages. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold
SubmarinaŽ, Inc., its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out
of Member’s use of the Service, the violation of this Agreement, or
infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person
or entity.
5. Modifications and Interruption to Service
SubmarinaŽ, Inc. reserves the right to
modify or discontinue the Service with or without notice to the Member.
SubmarinaŽ, Inc. shall not be liable to Member or any third party should
SubmarinaŽ, Inc. exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that SubmarinaŽ, Inc. does not
guarantee continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may, from time to time, include
links to other sites on the Internet that are owned and operated by
online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties’
sites.
7. Disclaimer Regarding Accuracy of Vendor
Information
Product specifications and other information
have either been provided by the Vendors or collected from publicly
available sources. While SubmarinaŽ, Inc. makes every effort to ensure
that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website.
SubmarinaŽ, Inc. makes no warranties or
representations whatsoever with regard to any product provided or
offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at your
own risk.
8. Governing Jurisdiction of the Courts,
State of California
Our website is operated and provided in the
State of California. As such, we are subject to the laws of the State
of California, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State of
California.
9. Compliance with Laws
Member assumes all knowledge of applicable
law and is responsible for compliance with any such laws. Member may
not use the Service in any way that violates applicable state, federal,
or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Copyright and Trademark Information
All content included or available on this
site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is 2007 SubmarinaŽ, Inc./www.submarina.com,
with all rights reserved, or is the property of SubmarinaŽ, Inc. and/or
third parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form
of data extraction or data mining, or other commercial exploitation of
any kind, without prior written permission of an authorized officer of
SubmarinaŽ, Inc. is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process
to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of SubmarinaŽ,
Inc.
SubmarinaŽ, Inc. and
www.submarina.com are proprietary marks of SubmarinaŽ, Inc./www.submarina.com.
SubmarinaŽ, Inc.’s trademarks may not be used in connection with any
product or service that is not provided by SubmarinaŽ, Inc., in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits SubmarinaŽ, Inc.
All other trademarks displayed on
SubmarinaŽ, Inc.’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with SubmarinaŽ, Inc.
11. Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium Copyright Act,
Submarina Ž, Inc./www.submarina.com designates the following individual
as its agent for receipt of notifications of claimed copyright
infringement.
By Mail:
Jin Pak
SubmarinaŽ, Inc.
100 East San Marcos
Boulevard
Suite # 340
San Marcos, California
92069
By Telephone: 760-471-3377, ext. 113
By Email: jpakATsubmarina.com
12. Botnets
SubmarinaŽ, Inc. retains the right, at our
sole discretion, to terminate any accounts involved with botnets and
related activities. If any hostnames are used as command and control
points for botnets, SubmarinaŽ, Inc. reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or
any other destination at our discretion.
13.
Other Terms
If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by SubmarinaŽ, Inc.,
in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us
in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement.