Terms and Conditions for Use
The Spinnaker Resorts Web Site, also known as the Spinnaker Web Site and the Resort Sales by Spinnaker Web Site, (herein the "Site") is an online information service provided by Spinnaker Resorts, Inc. (herein the "Administrator"), and is subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING, USING OR LINKING TO THE SITE.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered by the Administrator through the Site. The right to use products or services offered by the Administrator is personal to you and is not transferable to any other person.
The Administrator reserves the right to change terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright:
The Administrator authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by the Administrator in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The Administrator prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Administrator is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by U.S. and foreign copyright and trademark law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy all copies you have made of the Material.
Section 2. The Administrator's Liability:
The Material may contain inaccuracies or typographical errors. The Administrator makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
THE ADMINISTRATOR DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND SERVER ARE FREE OF COMPUTER VIRUSES OR ANY OTHER ELEMENTS WHICH MAY BE HARMFUL. IF USE OF THE SITE OR MATERIAL RESULTS IN THE NEED FOR SERVICING AND/OR THE REPLACING OF EQUIPMENT OR DATA; THE ADMINISTRATOR IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ADMINISTRATOR AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE ADMINISTRATOR AND HIS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages:
IN NO EVENT SHALL THE ADMINISTRATOR, AFFILIATES, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ADMINISTRATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions:
Any communication which you post to any path, directory, extending-subdirectory, extending-sub domain and/or any other portion of the Site or transmit to the Administrator or to the Site by e-mail or other medium can be used by the Administrator on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Any communication which you post to any path, directory, subdirectory, extending-sub domain, comment form and/or any other portion of the Site, transmit to any user of this site, and/or transmit to the Administrator or to the Site by e-mail, comment and/or other medium which is deemed by the Administrator to be commercial in nature, appears robotically and/or automatically posted, and/or appears posted for the sole purpose increasing a third party domain's website traffic, will automatically be assessed a $500 (US) per month fee for advertising, payable within 30 days of user's communication. Failure to pay will result in the entity posting the communication having their account turned over to a collection agency of the Administrator's choosing.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the lawful copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Administrator does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site. The Administrator does not endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
The Administrator does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Administrator may investigate the allegation and determine in good faith at his sole discretion whether to remove or request the removal of the communication. The Administrator has no liability or responsibility to users of the Site for performance or nonperformance of such activities. The Administrator reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites:
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Administrator of the contents on such third-party Web sites. The Administrator is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Links from Other Sites:
This Site may be linked by third party Web sites. By linking to the Site, you agree to abide by the Terms of the Site. You may not 'adorn' the link in such a way as to imply an endorsement, ownership and/or sponsorship of the Site or materials contained on the Site. By linking to the site, you agree that the Terms of the Site supersede any and all terms stated or implied on third party web site containing the link. By linking the site, you agree to relinquish any and all claims of ownership, rights to use, permissions and/or licenses to the intellectual property rightfully owned by the Site.
Section 7. Software Licenses:
All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" and/or Software License ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability:
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for the Administrator to you for all claims arising from the use of the Materials (including Software) is limited to $0.01.
Section 9. Indemnity:
You agree to defend, indemnify, and hold harmless the Administrator, his designates, relatives, officers, friends, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. Export Control:
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials (including Software).
Section 11. User Information:
The Administrator may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for his internal business and marketing purposes.
Section 12. General:
Spinnaker Resorts, Inc is based in Hilton Head Island, South Carolina, with resort and administrative locations in Ormond Beach, Florida and Branson, Missouri. The Administrator makes no claims that the Materials are appropriate or may be downloadable outside of the United States. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. If the user of this Site resides outside the State of South Carolina, the user must comply with the regulations of the State within which they reside and/or are accessing the Site. These regulations include those relating to the internet, and timeshare sales. Furthermore, in no way is Spinnaker Resorts, Inc. utilizing the contents of herein Site for the purpose of Sales solicitation in any State for which they are not registered. In States where Spinnaker Resorts is not registered, the user agrees that they have entered Site of their own volition. No waiver of any term of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Material on particular pages of the Site, this Agreement constitutes the entire agreement between you and the Administrator with respect to the use of the Site.