Terms and Conditions of Use
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
This Website's primary goal is to provide you with access to information about Sea Colony's businesses, facilities, services, products, and related links to meet your needs with respect to these businesses, facilities, services, and products (the "Content"). These Terms are meant to protect all of the visitors to and users of this Website, and your access to and use of this Website signifies your agreement with these Terms. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS. Sea Colony reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms, or to change or delete any features of this Website, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if you access or use this Website after Sea Colony has posted notice of such modifications, alterations, or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
You should note that these Terms contain additional disclaimers and limitations on Sea Colony's liability, which can be found in Sections 9 and 10 below. Please read these carefully and make sure you understand them before continuing with your use of this Website.
Registration data and certain other information about you that you may submit or provide to Sea Colony through this Website are subject to Sea Colony 's Privacy Statement. For more information about Sea Colony 's use and protection of your information, please review Sea Colony’s Privacy Statement.
3. USE OF THIS WEBSITE & INTELLECTUAL PROPERTY RIGHTS
Sea Colony controls and (either itself and/or through its third party hosts) operates this Website. All Content on this Website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Sea Colony or its Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Sea Colony, its affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to Sea Colony. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among Sea Colony 's customers, other users of this Website, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this Website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Sea Colony or the Providers. You may request consent by emailing a request to email@example.com. Your modification of the Content, use of the Content on any other linked Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Sea Colony or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Sea Colony, or otherwise incorporate into another Website any of the Content or other materials on this Website, without Sea Colony 's express prior written consent. You may not deep link to any page of portions of this Website without Sea Colony's prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this Website provided that you do not make or attribute to Sea Colony, its affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of Sea Colony, its affiliated or related entities or Providers without Sea Colony's express prior written consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this Website, except as authorized by these Terms, is considered intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide Sea Colony's Agent for Notification of Claims of Copyright Infringement the information specified below.
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail 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 accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
Sea Colony WEB Master
PO Box 480
Bethany Beach, DE 19930
Telephone Number of Designated Agent: (302) 537-8888
E-mail Address of Designated Agent:
4. USER'S RESPONSIBILITIES
You warrant and represent to Sea Colony that you will not use this Website for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use this Website immediately terminates without the necessity of any notice. Sea Colony, at its sole discretion, retains the right to deny access to this Website to anyone for any reason, including for violation of these Terms. Some of these types of violations are more fully described below in Section 5.
In the event that you are provided with user identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Website, you shall maintain such user ID's, confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify Sea Colony if Sea Colony needs to change or discontinue any of your ID's, confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality. Sea Colony may suspend or terminate your service or access to this Website if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.
You agree that any Information that you provide will be true, accurate, current, and complete. If you provide any Information that is untrue, inaccurate, not current or incomplete (or Sea Colony has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), Sea Colony has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Website.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Website, and you agree not to use or permit others to use this Website, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Website's infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to Sea Colony's information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access Sea Colony's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Website or Sea Colony's, its affiliated or related entities' or the Providers' systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this Website;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Website;
(g) upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy Sea Colony's Website pages or the Content in violation of the Terms or without Sea Colony's prior written permission, provided that generally available third party Web browsers such as Google Chrome® and Microsoft Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEBSITE
With respect to all Information you elect to post to publicly accessible areas of the Website, you agree that Sea Colony has the right to use, reproduce, copy, modify, publish, distribute, perform and display such Information (in whole or part) on worldwide basis; provided that such use is in accordance with the terms of Sea Colony's Privacy Statement.
You acknowledge and agree that Sea Colony may preserve Information, and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sea Colony's business, employees, Providers, affiliated or related entities, users, and/or the public.
7. LINKS TO THIRD PARTY WEBSITES
This Website may contain links to third party or Provider Websites not under Sea Colony's control or operation (the "Linked Sites"). The links will let you leave this Website and be directed to and access the Linked Sites, which you access is at your own risk. You acknowledge that Sea Colony provides the Linked Sites for your convenience and information only. Sea Colony does not endorse, nor is it responsible for, any content, information, or other related materials, products or services found at any such Linked Sites or any links contained within such Linked Sites, whether or not Sea Colony is affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to Sea Colony's express written consent, you may not establish a hyperlink to this Website from your Website or the Linked Sites, or provide any links that state or imply any sponsorship or endorsement of your Website or the Linked Sites by Sea Colony or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website or any Linked Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Sea Colony (and its affiliated or related entities and the Providers) shall be neither responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on or through this Website or the Linked Sites.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, SEA COLONY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER Sea Colony, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. SEA COLONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
Sea Colony IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS WEBSITE. Sea Colony HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND CONTENT.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU (AND NOT SEA COLONY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL SEA COLONY, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER Sea Colony (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE.
SEA COLONY'S LIABILITY, AND THE LIABILITY OF SEA COLONY'S AFFILIATED OR RELATED ENTITIES AND/OR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO SEA COLONY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
BY WAY OF EXAMPLE ONLY, SEA COLONY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SEA COLONY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF SEA COLONY AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION
Sea Colony operates this Website (excluding Linked Sites, over which it has no authority or control) from its offices within the State of Delaware (which may be subject to change from time to time at Sea Colony's sole discretion). The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Website, you agree that these Terms and your use of the Website shall be governed in all respect by the internal substantive laws of the State of Delaware, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware for all disputes, cases, and controversies regarding this Website, your use of this Website, and your relationship with Sea Colony. Sea Colony makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical or personal data exported from the United States or the country in which you reside.
Sea Colony reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold Sea Colony and the Providers, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Website, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Sea Colony: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. Sea Colony shall be entitled to participate in such defense at its own cost and expense.
13. MESSAGE BOARDS
In the event that Sea Colony provides message boards, web logs or blogs, or discussion forums on this Website (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without Sea Colony's express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any uploaded materials have been waived. While Sea Colony does not and cannot review every message posted by you or any other user in the Forums, and although Sea Colony is not responsible for these messages, Sea Colony reserves the right (but not the obligation) to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these terms, or otherwise unacceptable. Sea Colony does not endorse any information that may be posted on this Website through the Forums.
You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or Content associated with the Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content Sea Colony creates or information submitted to Sea Colony by third parties, including without limitation, information in the Forums, and in all other parts of this Website.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Sea Colony and the Providers, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Sea Colony's failure to act with respect to a breach by you or others does not waive Sea Colony's right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and Sea Colony are dealing at arms' length, creating a commercial relationship. Sea Colony is not your Agent or your fiduciary. Many of Sea Colony's businesses and facilities may be independently owned and operated by independent franchisees and licensees. In such cases, these franchisees and licensees manage and operate the facilities, and they are the employers of all employees and contractors who work at the facilities. These franchisees are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
SEA COLONY RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.