Your use of the siesta-key
Website is conditioned on your acceptance without modification of the
terms and conditions contained herein. Your access and use of the
siesta-key Website shall be deemed to indicate your acceptance of all
such terms and conditions.
PROPRIETARY RIGHTS NOTICES
All contents of the siesta-key Website are: Copyright © Dan Kriwitsky,
("siesta-key.net"), and/or Independent Providers of Content ("ICPs"),
105 Yacht Harbor Dr. Osprey, FL 34229 U.S.A. All rights reserved.
CONTENT
You acknowledge that: (i) The siesta-key Website contains information,
communications, software, photos, video, graphics, music, sounds, and
other material and services (collectively "Content"); (ii) Such Content
is provided under license by ICPs, other users, siesta-key.net and its
affiliates; (iii) At minimum, siesta-key.net owns a copyright in the
selection, coordination, arrangement, and enhancement of such Content;
(iv) siesta-key.net permits 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.
siesta-key.net does not pre-screen Content as a matter of policy:
however siesta-key.net, its affiliates, and ICPs 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 siesta-key.net, its affiliates, nor any ICP
shall assume or have any liability for any action or inaction by siesta-key.net
or its affiliates, or any ICP, with respect to Content on, or Content
changes within, siesta-key Website. You also agree and accept that as
new products become available on or through siesta-key Website, your use
of these products is subject to this Agreement.
Framing
You may not frame our site or incorporate any of our material into
another web site via frames or any server side means of obtaining
content from this domain.
USE OF INFORMATION
You agree to use the siesta-key Website 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 siesta-key Website or other person or entity; (3) post, transmit,
promote, link, or facilitate the distribution of sexually explicit or
other Content which is deemed by siesta-key.net 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, including, but not limited to, the
operating policies of the International Areas; (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 siesta-key Website.
WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE siesta-key Website IS AT YOUR
SOLE RISK. THE siesta-key Website 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 siesta-key.net AND/OR ITS ICPS 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
siesta-key Website OR WITH THE DELAY OR INABILITY TO USE THE siesta-key
Website. 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, siesta-key.net'S LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW. siesta-key.net DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE
siesta-key Website, 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 siesta-key.net, its
affiliated companies, its employees, contractors, officers, directors
and ICPs from all liabilities, claims and expenses, including attorneys
fees, that arise from your use of the siesta-key Website. siesta-key.net
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you
hereunder. In such event, you shall have no further obligation to
provide indemnification for such matter.
E-MAIL
Under no circumstances is any unsolicited email or Spam to be sent to
siesta-key.net. No siesta-key.net email addresses are publicly listed.
Sending Spam to siesta-key.net to any email address at this domain
without the prior approval of siesta-key.net / Dan Kriwitsky is subject
to a storage charge of $50 per message. Sending email to siesta-key.net
constitutes acceptance of these terms. A
contact form is
provided on the web site for initial contacts. Of course, replies to
email sent, are welcome. The lack of a reply to such a contact should
not be construed as permission to send a follow-up email. If you obtain
a siesta-key.net email address, and send unsolicited commercial or other
email, you agree to pay the above listed storage charge. siesta-key.net
will make Spam complaints to the ISP or web host of any company sending
such messages.