TERMS OF USE

Website/Mobile Terms of Use

Welcome to this Del Mar Beach Preservation Coalition site. By accessing or in any way using this website/mobile application owned by the Del Mar Beach Preservation Coalition (DMBPC), you agree to DMBPC’s Privacy Policy (to view our Privacy Policy click here and the following Terms and Conditions). If you do not agree to any aspect of the Privacy Policy or to these Terms and Conditions, please do not use the DMBPC site. As used in these Terms of Use, the terms “website” or “site” include any DMBPC mobile application, whether or not explicitly stated.

Although we may attempt to notify you when major changes are made to our Privacy Policy or these Terms and Conditions, you should periodically review the most up-to-date versions. DMBPC may, in DMBPC’s sole discretion, modify, or revise the Privacy Policy and these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Your continued use of the DMBPC site/mobile application indicates your acceptance of the Privacy Policy, these Terms and Conditions, and any changes therein. In the event of any material change to the Privacy Policy or these Terms and Conditions, DMBPC will post a prominent notice of the revision on the DMBPC site’s home page or email you such notice at an email address you have provided to DMBPC. Questions about our Terms of Service may be directed to info@delmarbpc.org.

The DMBPC site is intended for exclusive use by persons who have reached the age of majority in their jurisdiction. By accessing or in any way using the DMBPC site, you affirm that you have reached the age of majority and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and you agree to abide by and comply with these Terms and Conditions; or

By accessing or in any way using the DMBPC site, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and you agree to abide by and comply with these Terms and Conditions.

Website Content
All materials provided by DMBPC on the DMBPC site are the property of DMBPC, unless otherwise attributed. DMBPC content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use. DMBPC content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use DMBPC content in any way or for any other purpose without the prior express written permission of DMBPC. Additionally, you may not add, delete, distort, or misrepresent any DMBPC content.

The trademarks used in the DMBPC site are owned either by (1) DMBPC or (2) their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed anywhere on the DMBPC site or in any DMBPC content. All rights are reserved.

Any attempts to modify any DMBPC content or to defeat or circumvent the DMBPC site’s technical security measures without the prior express written permission of DMBPC is prohibited.

Website/Mobile Application Use
You agree not to use the DMBPC site to:

Upload, post, email, transmit, or otherwise make available anything:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. Please maintain a polite, pleasant and respectful environment. Personal rebukes or attacks are unacceptable.
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Upload, post, email, transmit, or otherwise make available any material or communications that may be deemed to be electioneering communications within the meaning of applicable federal law;
Express or imply that any statements you make are endorsed by DMBPC without our specific prior written intent.
Postings must be relevant to the stated topic.
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Advertise to offer to sell or buy any goods or services for any business purpose.
Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the DMBPC site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the DMBPC site;
Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the website in a manner that sends more request messages to the DMBPC site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser;
- Notwithstanding the foregoing, DMBPC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DMBPC reserves the right to revoke these exceptions either generally or in specific cases.
Violate any applicable local, state, national, or international law, intentionally or unintentionally;
Stalk or otherwise harass another; and/or
Collect or store personal data about users.

DMBPC reserves the right to remove any and all DMBPC content, user-submitted content, and/or any other content related to the DMBPC site at any time without prior notice. Further, DMBPC reserves the right to deny access to any user at any time without any prior notice for violation of these Terms and Conditions.

Disclaimer of Warranties
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, DMBPC, its affiliates, officers, directors, employees, trustees, and agents, disclaim all warranties, express or implied, in connection with the website and your use thereof. DMBPC makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the DMBPC site;
Any unauthorized access to or use of DMBPC’s secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the DMBPC site;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the DMBPC site by any third party;
And/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the DMBPC site.

DMBPC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and DMBPC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

You are solely responsible for your interactions with other DMBPC website/mobile application users.
DMBPC, its affiliates, officers, directors, employees, trustees, and agents, will not be liable for any damages or injury that accompany or result from your use of this site. In no event shall DMBPC, its affiliates, officers, directors, employees, trustees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:

Any errors, mistakes, or inaccuracies of content;
Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from our website;
Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not DMBPC is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that DMBPC will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The DMBPC site is controlled and offered by DMBPC from its facilities in the United States of America. DMBPC makes no representations that the DMBPC site is appropriate or available for use in other locations. Those who access or use the DMBPC site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.

DMBPC reserves the right to modify DMBPC’s website/mobile application. You are responsible for providing your own access to the website/mobile application. DMBPC has no obligation to screen or monitor any content and does not guarantee that any content available on its website/mobile application complies with this agreement.

The website/mobile application is provided on an “as is” and “as available” basis. You therefore use the site/mobile application at your own risk. DMBPC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, DMBPC makes no representations or warranties:

That the website/mobile application be uninterrupted or error-free;
Concerning any content submitted by any user;
Concerning any third party’s use of content that you submit;
That any content you submit will be made available on the website/mobile application or will be stored by DMBPC;
That DMBPC will continue to support any particular feature of its website/mobile application;
Concerning sites and resources outside of the website/mobile application, even if linked to from DMBPC website/mobile application.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the website/mobile application, and no warranties shall apply after such period.

Certain state laws may not allow DMBPC to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, DMBPC’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the DMBPC site.

Submitting Your Content to the Site
Any content submitted to this site, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, becomes and remains property of DMBPC, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms and Conditions.
DMBPC expressly prohibits any and all submissions of the following content:

Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, or trademark rights;
Any material or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law.
Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including posting private information belonging to or about other individuals;
Content that promotes, encourages, or provides instructional information about illegal activities;
Hate propaganda or hate mongering, swearing, or fraudulent material or activity.

DMBPC has the right, but not the obligation, to monitor all conduct on and content submitted to its website/mobile application. If any portion of the content posted by any visitor is found by DMBPC to be in violation of any website policy, including these Terms and Conditions, at any time, DMBPC has the absolute discretion to remove, screen or edit any content posted or stored on its website/mobile application at any time and for any reason, without prior notice.

In addition, DMBPC may suspend, disable or delete your account (or any part thereof) if it determines you have violated any provision of this agreement or that your conduct or content would tend to damage DMBPC or any entity affiliated with DMBPC. If your account is deleted for the foregoing reasons, you are not permitted to re-register under a different name. Upon termination, all licenses granted by DMBPC will terminate. In the event of account deletion, content that you submitted may no longer be available. DMBPC shall not be responsible for the loss of such content.

Warranty
By submitting content to DMBPC servers, you represent and warrant that all submitted content complies with all applicable website policies, including these Terms and Conditions. Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to DMBPC an irrevocable license to use the submitted content according to DMBPC’s sole discretion, including but not limited to use in connection with third-party social networking or video websites such as Facebook.com, Twitter.com, or YouTube.com or any other website DMBPC deems appropriate. You warrant that DMBPC need not treat any such submitted content as confidential, and you agree that you cannot and will not sue DMBPC for using or republishing in any manner any content or ideas you submit.

Grant of Rights/License
By submitting content to the DMBPC site, you grant DMBPC (and its successors, assigns, licensees, agents, and affiliates) an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, wholly in accordance with DMBPC’s subjective discretion. You expressly grant DMBPC the right to share or repost any such submitted content in any altered or unaltered form, without any further authorization from you, to affiliates, entities under agreement with DMBPC and other websites, including but not limited to, Facebook.com, Twitter.com, and YouTube.com.

DMCA Notice and Takedown
As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on the DMBPC site infringes your copyright, you must send a notice of claimed infringement to DMBPC’s Designated Agent at the following address:

Legal Counsel
Del Mar Beach Preservation Coalition
1155 Camino Del Mar, #420
Del Mar, CA 92014
Email: info@delmarbpc.org (use “Legal Counsel” in subject line)

Written Notice
To be effective under Section 512(c)(3)(A), you must provide DMBPC a written notification that includes the following elements:

A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
A description of the location on the DMBPC site (or, if the infringing information is located on another website linked to through the DMBPC site, information about the location of the link or reference on the DMBPC site) where the alleged infringement is occurring, providing sufficient detail to allow DMBPC to locate the infringing material;
Your name, address, telephone number, and email address;
A statement 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, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.

DMBPC does not permit copyright infringing activities and infringement of intellectual property rights on the DMBPC site, and DMBPC will remove the infringing content if properly notified of infringement. As stated above, DMBPC reserves the right to remove any and all content and user submissions without prior notice.

Counter-Notice
If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Del Mar BPC’s Legal Counsel:

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Diego County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
Your physical or electronic signature.

If a counter-notice is received by the Del Mar BPC’s Legal Counsel, DMBPC may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that DMBPC will cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DMBPC’s sole discretion.

Links to Other Sites
The DMBPC site may contain hyperlinks to websites operated by third parties. You agree not to hold DMBPC responsible for the content or operation of any and all such outside websites. A hyperlink from the DMBPC site to another website does not imply or mean that DMBPC endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from the DMBPC site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of DMBPC or DMBPC’s respective employees, agents, or directors.

Indemnity
You agree to indemnify and hold harmless DMBPC, its affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the DMBPC site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Termination
DMBPC or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the DMBPC site, and (b) all related documentation and all copies and installations. DMBPC may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy any and all such materials.

Miscellaneous
This is the entire agreement between the parties relating to the use of the DMBPC’s site.
The above Terms and Conditions will be governed by the laws of the State of California, U.S.A., excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the State of California.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DMBPC without restriction.

You and DMBPC agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

If you need to contact DMBPC, please see the following information:

Del Mar Beach Preservation Coalition
1155 Camino Del Mar, #420
Del Mar, CA 92014
Email: info@delmarbpc.org