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AGREEMENT BETWEEN
BeachcomberinVenice.com,
BeachcomberinVenice.net,
BeachcomberinVenice.us,
Beachcomberdirect.com,
BeachcomberontheGulf.com,
BeachcomberinVenice.mobi,
18664884237.com,
FindVeniceRentals.com,
FindVeniceRentals.net,
ParadiseontheGulf.com,
TimeShareByDefault.com,
VeniceHotels.us,
VeniceBeachcomber.com,
VeniceVacationRental.com,
VeniceFloridaVacationRentals.com,
Venice-Florida-Vacation-Rentals.com,
VeniceFlBeachcomberApts.com, and
VeniceFlBeachcomberVacationRentals.com
[collectively "Beachcomber Website(s)"] authorized by the Beachcomber Apartment Association, Inc.,
a Florida Corporation ["the Association"] and you, the USER.
Your use of the Beachcomber Website(s) is conditioned on your acceptance without modification of the terms and
conditions contained herein. Your access and use of the Beachcomber Website(s) shall be deemed to indicate your
acceptance of all such terms and conditions.
Terms and
Conditions of apartment rental are specified on the
site.
PROPRIETARY RIGHTS NOTICES
All contents of the Beachcomber Website(s) are: Copyright © by the Association, 720 Golden Beach Boulevard, Venice, FL 34285 U.S.A. and/or Independent Providers of Content ("IPCs"). All rights reserved.
CONTENT
You acknowledge that: (i) The Beachcomber Website(s) contain information, communications, software, photos, video,
graphics, and other material and services (collectively "Content"); (ii) Such Content is provided under license by
IPCs, other users, Beachcomber Website(s), the Association and its affiliates; (iii) At minimum, Beachcomber Website(s) own a copyright in the selection, coordination, arrangement, and enhancement of such Content;
(iv) Beachcomber Website(s) permit 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. Beachcomber Website(s) do not pre-screen all linked Content as a
matter of policy: however Beachcomber Website(s), its affiliates, and IPCs 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 Beachcomber Website(s), its affiliates, nor any IPC shall assume or have
any liability for any action or inaction by Beachcomber Website(s) or its affiliates, or any IPC, with respect to
Content on, or Content changes within, Beachcomber Website(s). You also agree and accept that as new products become
available on or through Beachcomber Website(s), your use of these products is subject to this Agreement.
You may not incorporate any of our material into another web site via frames or any
server side means of obtaining content from this domain.
PCI DSS Compliance
The new unified Payment Card Industry (PCI) Data Security Standard (DSS) is announced by all major
credit card associations in December 2004. All PCI DSS Level 1, 2 and 3 merchants must be compliant
by June 30, 2005. Under the standards, Beachcomber Website(s) are classified Level 3 and are all
PCI DSS compliant.
USE OF INFORMATION
You agree to use the Beachcomber Website(s) 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 Beachcomber Website(s) or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by Beachcomber Website(s) 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; (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
Beachcomber Website(s).
REVIEWS
Reviews on Beachcomber Website(s) are submitted for guidance only by members of the general public. Reviews are not
necessarily the opinions of the Beachcomber Website(s) editor or the Association and are not intended to be defamatory. Beachcomber Website(s) unreservedly regrets any offence caused by any review and a right to reply is offered, if necessary, on the relevant web pages.
This information is designed to provide information in regard to the subject matter covered. The
author and publisher shall have neither liability nor responsibility to any person or entity with respect to any
loss or damage caused, or alleged to be caused, directly or indirectly by the information contained here. While
every effort has been taken to ensure that all details are correct, the publishers cannot accept any responsibility
for the accuracy of information contained on Beachcomber Website(s) pages, nor for the consequences of any
actions taken or not taken as a result of this information. Listing of a company, service, or product on this Web
site does not in any way imply endorsement.
WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Beachcomber Website(s) IS AT YOUR SOLE RISK. THE Beachcomber Website(s) 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
PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL
Beachcomber Website(s), The Association, AND/OR ITS IPCS 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 Beachcomber Website(s)
OR WITH THE DELAY OR INABILITY TO USE THE Beachcomber Website(s). 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, Beachcomber Website(s) LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Beachcomber Website(s) DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE Beachcomber
Website(s), 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 Beachcomber Website(s), its affiliated companies, its employees,
contractors, officers, directors and IPCs from all liabilities, claims and expenses, including attorneys fees, that
arise from your use of the Beachcomber Website(s). Beachcomber Website(s) reserve the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder,
relieving you of further obligation.
E-MAIL
Under no circumstances is any unsolicited email or spam to be sent to Beachcomber Website(s).
Beachcomber Website(s) email addresses are not publicly listed. Sending spam to Beachcomber Website(s) to any
email address at this domain without the prior approval of Beachcomber Website(s) is subject to a storage charge of
$50 per message. Sending email to Beachcomber Website(s) constitutes acceptance of these terms. If you obtain a
Beachcomber Website(s) email address(es), and send unsolicited commercial or spam email, you agree
to pay the above listed storage charge. Beachcomber Website(s) will make spam complaints to the
Internet Service Provider and/or web host of any company sending such messages.
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