Terms & Conditions
- 1. DEFINITIONS
- 2. GENERAL PROVISIONS
- 3. PRIVACY
- 4. PAYMENTS
- 5. REFUNDS/CHARGEBACKS
- 6. POSTED CONTENT
- 7. INTELLECTUAL PROPERTY
- 8. NO THIRD-PARTY BENEFICIARIES
- 9. LIMITATION OF LIABILITY
- 10. INDEMNITY
- 11. REPRESENTATIONS AND WARRANTIES
- 12. BREACH, REVOCATION AND CANCELLATION
- 13. SEVERABILITY
- 14. GOVERNING LAW
- 15. EXCLUSIVE VENUE
- 16. DISPUTE FEES AND COSTS
- 17. PUBLISHING RULES, COMMENT RULES & CONDUCT
- 1.2. "Licensed Materials" means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, and trade dress.
- 1.3. "Membership" means anyone holding an account in compliance with this Agreement.
- 1.4. "Profile" means the membership information, including but not limited to your legal name, address, telephone, email.</>
- 1.5. "Product" means each and every product we offer.
- 1.6. "Profile Page" means the page of the Website where your membership information is shown.
- 1.7. "Services" means each and every service we offer.
- 1.8. "Website" means pacificcup.org and all other websites we use to provide our Products and Services.
- 1.9. "System" means all of our software and hardware, whether owned or leased or otherwise contracted.
- 1.10. "We," "us," and "our" means Pacific Cup Yacht Club.
- 1.11. "You," "your," and "yourself" means any person, organization or business entity that seeks to use our Services, as well as their agents, assigns, and successors.
2. GENERAL PROVISIONS
- 2.1. Please direct any questions not answered by reading this Agreement to us firstname.lastname@example.org.
- 2.2. You may not access the Website or utilize our Services if you are under eighteen (18) years of age or otherwise not competent to enter into a binding contract.
- 2.3. Before you may use any of our Services, you must:
- 2.3.1. read and agree to comply with this Agreement and
- 2.3.2. understand and accept that this Agreement:
- 18.104.22.168. takes effect the moment you access the Website;
- 22.214.171.124. may only be amended or modified by us, unless we agree otherwise in writing with you;
- 126.96.36.199. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Website and your continued use of our Services shall be irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement;
- 188.8.131.52. is the entire and only agreement between you and us;
- 184.108.40.206. contain all terms and conditions of your relationship with us and your use of our Services; and
- 220.127.116.11. shall only terminate under the conditions provided for herein.
- 2.4. This Agreement shall in no way create an agency, employee-employer, franchise or franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
- 2.5. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
- 2.6. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you:
- 2.6.1. immediately lower, suspend or cancel your account and membership with us;
- 2.6.2. use your personal information to collect all pending and applicable fees and other amounts due;
- 2.6.3. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and
- 2.6.4. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
- 2.7. We cooperate with law enforcement and all other appropriate authorities and organizations.
- 2.8. Unless otherwise provided herein, you agree that:
- 2.8.1. all notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
- 2.8.2. all notices from you to us shall be:
- 18.104.22.168. sent to: email@example.com and deemed immediately delivered.
- 3.1. Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious, legitimate business purposes.
- 3.2. You agree that we may use your personal identifying information to enforce this Agreement, and when complying with an order of a court or other government entity of competent jurisdiction.
- 3.4. We us cookies, log files, and third parties to create a profile of our users and the information gathered is personally identifiable as belonging to you so that we can better determine what Services and System adjustments will optimize your experience at the Website. We may share this information with third parties but only in a way that does not identify you or any particular person individually.
- 3.5. The System allows you to use and purchase our Products and Services online. PayPal or another merchant account service provider processes your payments, and we do not store your financial information.
- 3.6. We may offer you opportunities to communicate with third parties, whether on our Website or that of an affiliate. Please remember that we do not control or guarantee in any way the accuracy or safety of the content on websites not operated by us or even content provided by others on our Website.
- 3.7. Any information you disclosed to third parties on our Website or other websites becomes public information, and you should exercise caution when deciding to disclose any personal information.
- 3.8. We follow established security procedures to keep your personal information safe from unauthorized third parties.
- 3.9. You alone are responsible for maintaining the security of your account access information—i.e., username, password and email address.
- 3.10. You alone are responsible for confirming the accuracy of your personal information that we use to contact you. Any email messages we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly authorized agent with full authority to act on your behalf.
- 4.1. You are responsible for making timely payment of all amounts you owe us when they come due.
- 4.2. Should we charge fees, we may change our fees at any time, and the new fees shall take immediate effect.
- 4.3. Your obligation to make due payments shall survive termination of this Agreement.
5. REFUNDS/NO CHARGEBACKS
- 5.1. No payments, whether purchases or donations, shall be refunded and sales are final, unless you are a victim of identity theft and you provide us with a valid police report.
- 5.2. You shall not chargeback any payments to us, unless you have been the victim of identity theft and provide us with a valid police report. Your failure to comply with this section may result in immediate termination of your use of our Services.
- 5.3. The return policy of physical goods sold and delivered will be governed by the return policy of the third party that fulfilled the goods sold.
6. POSTED CONTENT
- 6.1. We may review and delete any content you post on the Website or elsewhere utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of others, is not appropriate for the Website, or otherwise violates this Agreement.
- 6.2. We may allow you to upload content, such as photographs, but only to your account with us.
- 6.3. You must hold all intellectual rights to content, such as text or photographs, you upload to the Website.
7. INTELLECTUAL PROPERTY
- 7.1. You may not copy or otherwise attempt to benefit or assist others to benefit, directly or indirectly, from use of our Licensed Materials or intellectual property of third parties other than through normal use of the Website.
- 7.2. You retain all of your rights, titles, and interests in and to the content provided by you.
- 7.3. You hereby grant us a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and otherwise use all content that you post on the Website or otherwise through the use of our Services or System.
- 7.4. If you did not create or obtain a license to use content on the Website, you may not use content on the Website other than through normal use of the Website, as intended by us.
- 7.5. If you believe that your intellectual property rights have been violated, please contact us at firstname.lastname@example.org and provide a brief but complete description of the intellectual property at issue.
8. NO THIRD-PARTY BENEFICIARIES
- 8.1 There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.
9. LIMITATION OF LIABILITY
- 9.1. You agree that we will not be liable for any harm or loss that may occur in connection with:
- 9.1.1. any act or omission by you or your agent, whether authorized or unauthorized;
- 9.1.2. your use or inability to use our Services;
- 9.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party;
- 9.1.4. access delays or access interruptions to our Services;
- 9.1.5. the failure to deliver or erroneous delivery of information;
- 9.1.6. any breach of contract you have with a third party, such as an employer;
- 9.1.7. any breach of a 3rd party's intellectual property as a result of information posted by you;
- 9.1.8. your failure to pay us any applicable due payment;
- 9.1.9. the actions, orders and judgments of administrative, judicial and other governmental bodies.
- 9.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
- 9.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.
- 9.4. If a competent court deems us liable to you, our maximum possible liability to you for any reason shall not exceed $100.
- 10.1. YOU AGREE to DEFEND, INDEMNIFY AND HOLD US AND OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING ALL ATTORNEY FEES, COLLECTION FEES AND COURT COSTS, RELATED to ANY DEMAND OR LITIGATION IN ANY WAY RELATED TO:
- 10.1.1. YOUR USE OF OUR SERVICES;
- 10.1.2. YOUR BREACH OF THIS AGREEMENT;
- 10.1.3. INACCURATE OR FRAUDULENT INFORMATION PROVIDED BY YOU OR A THIRD PARTY;
- 10.1.4. THE CANCELLATION OR LIMITATION OF YOUR ABILITY to USE OUR SYSTEM AND SERVICES, INCLUDING BUT NOT LIMITED to OUR WEBSITE; OR
- 10.1.5. INFRINGEMENT OF ANY THIRD-PARTY RIGHTS ARISING FROM YOU'RE YOUR USE OF OUR SYSTEM OR SERVICES.
11. REPRESENTATIONS AND WARRANTIES
- 11.1. You represent and warrant that:
- 11.1.1. all Profile information you provide to us is accurate and none of the Profile information or documents your provide to us contain fraudulent or otherwise inaccurate information.
- 11.1.2. you will immediately update your Profile information after it becomes inaccurate;
- 11.1.3. you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials;
- 11.1.4. you have not entered into this Agreement and will not enter into any additional agreements with us in bad faith; and
- 11.1.5. you are at least legally competent to enter into a binding contract with us.
- 11.2. We make no representations or warranties of any kind in connection with this Agreement.
- 11.3. With regard to the Website and our Services:
- 11.3.1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
- 11.3.2. We do not warrant that our Services will meet your requirements, be uninterrupted or error free.
- 11.3.3. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
- 11.4. You agree that:
- 11.4.1. you use the Website and our Products and Services at your own risk;
- 11.4.2. you use the Website and our Products and Services on an "as-is" and "as available" basis and at your own risk and discretion;
- 11.4.3. you alone are responsible for any damage to your hardware and software or loss of data in any way related to your use of the Website or our Services;
- 11.4.4. neither we nor our members, officers, employees or agents shall have any liability to you; and
- 11.4.5. no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Agreement.
12. BREACH, REVOCATION AND CANCELLATION.
- 12.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and System.
- 12.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
- 12.3. In the event we determine that you have or continue to violate this Agreement:
- 12.3.1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Services and System; and
- 12.3.2. You will also be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement.
- 13.1. In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
14. GOVERNING LAW
- 14.1. This Agreement shall be governed by the federal laws of the United States and the laws of the State of California, without regard to any conflict of laws provisions.
15. EXCLUSIVE VENUE
- 15.1. Any actions relating to or arising out of this Agreement or any use of our Website or Services that include us as a party shall be brought exclusively in the federal and state courts for Marin County, California, and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
- 15.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and Marin County, California.
16. DISPUTE RELATED FEES AND COSTS
- 16.1. If we reasonably decide to retain an attorney or a collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.
17. PUBLISHING RULES, COMMENT RULES & CONDUCT By using PacificCup.org, you agree to the following when making a comment:
- You will stay on topic.
- You will not spam. (Spam is flooding the Internet with unnecessary or out of topic comments)
- You will not include links to websites and videos not associated with the topic.
- You will not post the same comment multiple times on the same of different articles
- You will not solicit anyone to buy or sell products or services, or to make donations of any kind unless it is to a registered not-for-profit or part of an approved project.
- You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another's privacy, hateful, racially or ethnically objectionable, or otherwise illegal.
- You will not make threats to other users or people not associated with the site.
- We do not tolerate conduct that encourages or condones hate or harassment in any way. Ignorance is not an acceptable excuse for conduct that results in hate or harassment.
- Harassment is any content or activity that attempts to intimidate, degrade, abuse, or bully others, or creates a hostile environment for others, and is prohibited.
- For additional clarity: Harassment is prohibited.
- To help you identify what types of behavior and content may constitute harassment, below is a list of some examples:
- Bullying, such as repeated name calling or attempts to embarrass someone, with the intent to harm
- Abusing someone based on their employer, organization, or other affiliation
- Telling someone to hurt or kill themselves
- Creating user accounts dedicated to harassment or hate
- Stalking or violating someone’s established personal boundaries, such as circumventing account blocks, or requests not to contact them
- Revealing someone’s personal information against their will or with the intent to harm them
- Recording someone against their will or with the intent to harm them
- Sharing content, including doctored or out-of-context content, with the intent to degrade, bully, or harm someone
- Unwanted sexual advances, sexual harassment, and sexual bullying
- Deliberately submitting false reports, doctoring report evidence, or report brigading
- Inciting or encouraging others to harass
- We understand that there are many ways in which behavior might be interpreted as hateful or harassing. When reviewing reported content or activity, we will consider its intent and context.
- If you violate these rules, your comment(s) and/or user name may be deleted. Depending on the severity of the offense, harassers may be indefinitely suspended on the first violation.