1. ACCEPTANCE OF TERMS
Welcome to Finditcapecod.com. Finditcapecod.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us periodically without notice to you. You can review the most current version of the TOS at any time at: http://www.Finditcapecod.com/terms_of_use.htm . In addition, when using specific Finditcapecod.com owned or operated services, you and Finditcapecod.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All guidelines or rules are hereby incorporated by reference into the TOS. Finditcapecod.com may also offer other services that are managed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
Finditcapecod.com currently provides users with access to a collection of resources, including, Finditcapecod.com mailers, business listings, event postings and local area information (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Finditcapecod.com to provide the Service. You also understand and agree that the service may include certain communications from Finditcapecod.com, such as announcements, administrative messages and the Finditcapecod.com mailer and that these communications are considered part of the Finditcapecod.com membership and you will not be able to opt out of receiving them. Unless openly stated otherwise, any new features that change or enhance the current Service, including the release of new Finditcapecod.com possessions, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Finditcapecod.com assumes no responsibility for the relevance, removal, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are accountable for those fees, including those fees related to the display or release of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you declare that you are of legal age to form a binding contract and are not a person banned from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as encouraged by the Service's registration form (such information being the "Contact Information") and (b) maintain and quickly update the Contact Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Finditcapecod.com has reasonable justification to believe that such information is untrue, inaccurate, not current or incomplete, Finditcapecod.com has the right to postpone or end your account and refuse any and all current or future use of the Service (or any portion thereof).
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately conveyed, are the sole responsibility of the person from which such Content originated. This means that you, and not Finditcapecod.com, are completely accountable for all Content that you upload, post, email, transmit or otherwise make available via the Service. Finditcapecod.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, honesty, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, offensive, or objectionable. Under no circumstances will Finditcapecod.com be liable in any way for any Content, including, but not limited to, for any errors or exclusions in any Content, or for any loss or damage of any kind sustained as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Finditcapecod.com official or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to cover up the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and classified information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to disrupt, destroy, or reduce the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of conversation, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to act in present exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any necessities, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations broadcasted by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or capital (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
stalk or otherwise harass another; or
collect or accumulate personal data about other users.
You acknowledge that Finditcapecod.com may or may not pre-screen Content, but that Finditcapecod.com and its designees shall have the right (but not the obligation) in their discretion to pre-screen, reject, or move any Content that is available via the Service. Without limiting the previous, Finditcapecod.com and its designees shall have the right to eliminate any Content that violates the TOS or is otherwise offensive. You agree that you must evaluate, and endure all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you recognize that you may not rely on any Content created by Finditcapecod.com or submitted to Finditcapecod.com, including without limitation information in Finditcapecod.com ads, and in all other parts of the Service.
You acknowledge, consent and agree that Finditcapecod.com may access, protect, and reveal your account information and Content if required to do so by law or in a good faith belief that such access preservation or revelation is reasonably essential to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) reply to your requests for customer service; or (e) protect the rights, property, or personal safety of Finditcapecod.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and change to technical requirements of connecting networks or devices.
You understand that the Service and software personified within the Service may include security mechanisms that permit digital materials to be protected, and use of these materials is subject to practice rules set by Finditcapecod.com and/or content providers who provide content to the Service. You may not attempt to supersede or avoid any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public display of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to obey all local rules regarding online conduct and acceptable Content. Specifically, you agree to obey all applicable laws regarding the transmission of technical data exported from the United States or the country in which you exist in.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Finditcapecod.com does not claim ownership of Content you submit or make obtainable for inclusion on the Service. However, with respect to Content you present or make obtainable for inclusion on publicly accessible areas of the Service, you grant Finditcapecod.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Finditcapecod.com, the license to use, distribute, reproduce, modify, change, publicly present and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Finditcapecod.com section to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will conclude at the time you remove, request to remove or Finditcapecod.com removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, change, publicly bestow, and publicly display such Content on the Service solely for use on Finditcapecod.com. This license exists only for as long as you elect to continue to include such Content on the Service and will conclude at the time you remove, request to remove, or Finditcapecod.com eliminates such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the continuous, binding and fully sub licensable license to use, distribute, reproduce, modify, change, publish, translate, publicly bestow, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or developed in the future.
"Publicly accessible" areas of the Service are those areas of the Finditcapecod.com web site that are intended by Finditcapecod.com to be available to the general public. For example, publicly accessible areas of the Service would include Findtitcapecod.com ads and Finditcapecod.com Business Listings that are open to visitors. However, publicly accessible areas of the Service would not include portions of Finditcapecod.com services intended for private communication such as Finditcapecod.com mailers.
You agree to cover and hold Finditcapecod.com, and its subsidiaries, affiliates, agents, co-branders or other partners, and employees, harmless from any claim or command, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Findtitcapecod.com mail), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Finditcapecod.com may create general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, ad postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Finditcapecod.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given amount of time. You agree that Finditcapecod.com has no legal responsibility for the removal or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Finditcapecod.com reserves the right to log off accounts that are inactive for an extended period of time. You further recognize that Finditcapecod.com reserves the right to change these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Finditcapecod.com reserves the right at any time and from time to time to change or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Finditcapecod.com shall not be legally responsible to you or to any third party for any alteration, suspension or discontinuance of the Service.
You agree that Finditcapecod.com may, under certain circumstances and without prior notice , immediately end your Finditcapecod.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Finditcapecod.com account includes (a) removal of access to all offerings within the Service, including but not limited to Finditcapecod.com mail (b) deletion of all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Finditcapecod.com's discretion and that Finditcapecod.com shall not be legally responsible to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in endorsement of, advertisers found on or through the Service, including payment and delivery of associated goods or services, and any other terms, conditions, warranties or demonstrations associated with such dealings, are solely between you and such advertiser. You agree that Finditcapecod.com shall not be legally responsible for any loss or damage of any sort sustained as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Due to the fact that Finditcapecod.com has no control over such sites and resources, you recognize and agree that Finditcapecod.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CapeCod.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or dependence on any such Content, goods or services available on or through any such site or resource.
16. FINDITCAPECOD.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Finditcapecod.com or advertisers, you agree not to change, rent, lease, loan, sell, distribute or create copied works based on the Service or the Software, in whole or in part.
Finditcapecod.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to change the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Finditcapecod.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINDITCAPECOD.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FINDITCAPECOD.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, PROTECTED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE CORRECT OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN JUDGMENT AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDITCAPECOD.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY BRING ON PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN BEFORE USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU CLEARLY UNDERSTAND AND AGREE THAT FINDITCAPECOD.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, UNIQUE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER SUBJECT RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME RULES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. ANTI-SPAM POLICY
Finditcapecod.com forbids spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service.
- Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Finditcapecod.com computer systems.
- Relaying email from a third party's mail servers without the consent of that third party.
- Using or causing to be used Finditcapecod.com computer systems to assist the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make obtainable.
- Using "robots" or otherwise harvesting other's email addresses from the Finditcapecod.com site for purposes of sending unsolicited or unauthorized material.
- Uploading, posting, emailing, or transmitting the same message, URL, or post several times.
Violations of our Terms of Service may result in legal action against you and the termination, without notice, of your Finditcapecod.com account and/or anything associated with it, including, but not limited to, emails, ads, and posts. Nothing in this policy is intended to grant any right to transmit email to or through Finditcapecod.com computer systems. Finditcapecod.com does not waive any rights by the failure to enforce this policy in every case in which it might apply.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Finditcapecod.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
Third party product and company names mentioned herein may be the trademarks of their personal owners.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Finditcapecod.com respects the property of others, and we ask our users to do the same. Finditcapecod.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Finditcapecod.com's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a depiction of the copyrighted work or other intellectual property that you claim has been infringed;
a depiction of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is truthful and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Finditcapecod.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
P.O. Box 877
Mashpee , MA 02649
By phone: (508) 685-1106
By email: info@Finditcapecod.com
25. GENERAL INFORMATION
Entire Agreement - The TOS constitute the entire agreement between you and Finditcapecod.com and govern your use of the Service, superceding any prior agreements between you and Finditcapecod.com. You also may be subject to further terms and conditions that may apply when you use or purchase certain other Finditcapecod.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum - The TOS and the relationship between you and Finditcapecod.com shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Finditcapecod.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Barnstable , Massachusetts .
Waiver and Severability of Terms - The failure of Finditcapecod.com to enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be untrue, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Findticapecod.com account is non-transferable and any rights to your Finditcapecod.com account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to info@Finditcapecod.com .