Terms & Conditions
By using the Shuswap Events Bulletin Board (SEBB) services you agree to the following term and conditions. These terms and conditions apply exclusively to your access to, and use of SEBB's On-line services and so not alter in any way the terms and conditions of any other agreement you may have with the SEBB or Lynx Technical Solutions.
SEBB shall have the right, but not the obligation, to monitor any activity and Content associated with it's interactive areas.
5. Hyperlinks and Other Materials
Use of SEBB's On-line Services and any materials obtained therefrom is strictly at your own risk. SEBB takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SEBB is not liable for any statements, representations, or Content provided by its users in any forum or interactive area.
SEBB makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites or other materials accessible from or through SEBB's On-line Services by hyperlink or other method. These linked sites are not under the control of SEBB and SEBB is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by SEBB of the site or any information contained therein.
Any software, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available through SEBB's On-line Services is licensed to you by SEBB. SEBB shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to SEBB are non-confidential and shall become the sole property of SEBB. SEBB shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to SEBB, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
SEBB'S ON-LINE SERVICES AND ANY MATERIALS PROVIDED THEREIN, INCLUDING ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEBB DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SEBB DOES NOT REPRESENT OR WARRANT THAT ITS ON-LINE SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SEBB DOES NOT REPRESENT OR WARRANT THAT ITS ON-LINE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SEBB reserves the right to change or modify any and all content, functionality, or operation of its On-line Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SEBB.
9. Limitation of Liability
IN NO EVENT SHALL SEBB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF SEBB'S ON-LINE SERVICES, THIS WEB SITE OR THE MATERIALS CONTAINED OR ACCESSED THEREFROM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SEBB (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF SEBB'S ON-LINE SERVICES EXCEED $5.00 OR THE COMPENSATION YOU PAID SEBB, WHICHEVER IS LESS.
10. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the state of Washington, applicable to agreements made and entirely to be performed within the state of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Seattle located in Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
11. Modification & Amendments
SEBB reserves the right to amend at any time any policies governing its On-line Services, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, you should cease using SEBB's On-line Services. Your continued use of SEBB's On-line Services will constitute acceptance of the modifications or amendments by you.
Notwithstanding any of these terms and conditions, SEBB reserves the right, without notice and in its sole discretion, to terminate your license to use SEBB's On-line Services and its Web site, and to block or prevent future access to and use of such services.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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