TERMS OF USEPLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS
USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE
TERMS OF USE, PLEASE DO NOT USE THIS SITE. Permission is not
granted to reproduce any part of these resources without permission from Palm-Springs.bz. It is
likewise not permitted to present links to these resources in a manner that
could cause confusion as to the ownership of the resources, or that would cause
the resources to be viewed alongside commercial advertising (e.g., do not
present any part of Palm-Springs.bz in the context of an HTML frameset).
Non-commercial, honest, ordinary linking is permitted without having to
ask first. Spam Policy
- The email addresses found within this site are only to be used to obtain
further information with respect to the products or services contained within
Palm-Springs.bz. Any other use is classified as SPAM and is prohibited.
- Palm-Springs.bz neither sells nor markets email addresses found within this
site.
- Permission is not granted to sell or market email addresses contained
within this site.
- Violations of our SPAM policy will be invoiced $100 per month in each
month of a violation. This cost covers our expenses incurred to process SPAM.
All invoices are due on receipt.
- Invoices in which payment is not received within 30 days of issuance will
incur interest at a rate of 1
½% per month
and will subject the violator to a formal report
to the credit agencies and the invoice's will be turned over to a collection
agency.
Please review our
Privacy Policy.
- General. This site is owned and operated by Palm-Springs.bz.
(referred to as "Palm-Springs.bz").
Palm-Springs.bz has the right at any time to change or discontinue any aspect
or feature of the site, including, without limitation, the content, hours of
availability, and equipment needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access to
and use of the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Without Palm-Springs.bz express prior
approval, you shall not post or transmit through the site any material
which contains advertising or any solicitation with respect to products
or services. You shall not use the site to advertise or perform any
commercial solicitation, including, without limitation, the solicitation
of users to become subscribers of other on-line information services
competitive with the site. Any conduct by you that in Palm-Springs.bz
discretion restricts or inhibits any other user from using or enjoying
the site will not be permitted.
- The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the site
are copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any copyrighted material
for your personal, non-commercial home use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
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and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be
solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of the site, you
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expressly granted Palm-Springs.bz the royalty-free, worldwide, perpetual,
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adapt, publish, display, translate and distribute such material (in
whole or in part) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed. You also permit
any other user of the site to access, view, store or reproduce the
material for that user's personal use. You grant Palm-Springs.bz the right
to edit, copy, display, publish and distribute any material made
available on the site by you.
- The foregoing provisions of Section 3 are for the benefit of Palm-Springs.bz,
its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
PALM-SPRINGS.BZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE
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THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE
INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
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FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
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OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY
NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT PALM-SPRINGS.BZ IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PALM-SPRINGS.BZ
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY
STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. Palm-Springs.bz shall have the right in its sole
discretion to refuse to post or remove any material submitted to or posted
on the site. Without limiting the foregoing, Palm-Springs.bz shall have the
right to remove any material that Palm-Springs.bz, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless Palm-Springs.bz
and its affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
- Trademarks. Palm-Springs.bz and Palm-Springs.bz. and each of
their logos are trademarks of Palm-Springs.bz, Inc. All rights
reserved. All other trademarks appearing on the site are the property of
their respective owners.
- Third Party Content. Palm-Springs.bz is not a publisher of content
supplied by third parties and users of the site. Accordingly, Palm-Springs.bz
has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third
parties, including information providers and users, are those of the
respective author(s) or distributor(s) and not of Palm-Springs.bz. In many
instances, the content available through the site represents the opinions
and judgments of the respective information provider or user. Palm-Springs.bz
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on the site by anyone other than
authorized Palm-Springs.bz employee spokespersons while acting in their
official capacities.
- Viruses. Palm-Springs.bz also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site.
- Export Control. Software and other materials from this Site may
also be subject to United States Export Control. The United States Export
Control laws prohibit the export of certain technical data and software to
certain territories. No software from this Site may be downloaded or
exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the Unites States has
embargoed goods; or (2) anyone on the Unites States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. Palm-Springs.bz does not authorize the downloading or
exportation of any software or technical data from this Site to any
jurisdiction prohibited by the United States Export Laws.
- Business Associates. The business associates of Palm-Springs.bz
identified on this Site are independent contractors of Palm-Springs.bz. The
business associates are not joint ventures or partners of Palm-Springs.bz. No
employee or representative of the business associates is under the control
of Palm-Springs.bz.
- Changed Terms. Palm-Springs.bz has the right at any time to change or
modify the terms and conditions applicable to use of the site, or any part
thereof, or to impose new conditions, including, without limitation, adding
fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by any means including, without limitation, posting on the site, or by
electronic or conventional mail, or by any other means. Any use of the site
by you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire agreement
of the parties with respect to the subject matter hereof and supersede all
previous written or oral agreements between the parties with respect to such
subject matter except for advertisers who have executed a written agreement
for advertising with Palm-Springs.bz. In this case, the terms of the signed advertising
agreement shall prevail. These terms of use shall be construed in accordance with the
laws of the State of California, without regard to its conflict of laws
rules. You hereby consent to the personal jurisdiction of the State of California,
acknowledge that venue is proper in any state or Federal court in the State
of California, agree that any action related to these terms of use must be
brought in a state or Federal court in the State of California, and waive
any objection that may exist, now or in the future, with respect to any of
the foregoing. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall
not be given any legal import.
- Palm-Springs.bz website incorporates links to other websites.
Palm-Springs.bz
does not in any way endorse, nor is it responsible for, the content on those
other websites.
See also:
Linking
Rights by Brad Templeton and
Intellectual
Property Issues at the Negativland site.
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