August 30, 2017
These terms and conditions of use are an agreement between Poolside Publishing and you the user, member or visitor (Members, Users or Visitors will be referred to as “you” in this agreement). This agreement (“Agreement”) also governs your use of any content or information (the “content”) made available to you by Poolside Publishing through this web site (the “site”).
Please read these Terms and conditions of use carefully before using this site. By using this site, you signify your assent to these terms and conditions of use, as well as all provisions, disclaimers and disclosures on this site. If you do not agree to all these Terms and Conditions of use, do not use this Site. Poolside Publishing may revise and update this agreement at any time. Your continued use of the site will mean you accept those changes.
By using this web site, you are indicating that you are eighteen (18) years old or older, and agree to be bound by this Agreement. You may print and keep a copy of this Agreement. We may change this Agreement from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Agreement. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose. Poolside Publishing has the right to not display any material that we deem inappropriate example: Hateful or discriminatory material or material that otherwise doesn’t reflect the look or philosophy of the site.
This is an Agreement between you and Poolside Publishing. This Agreement governs your use of this Web site (the “site”). You represent that you are at least 18 years of age. Poolside Publishing offers the site to you conditioned on your acceptance without modification of this agreement. Your use of the site constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability. These provisions form an essential basis for your use of the site. You agree not to use the web site in any way that is unlawful.
Poolside Publishing reserves the right to modify the terms, conditions and notices under which it offers the web site without notice. Your continued use of the web site after any such changes constitutes your agreement to such changes.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Poolside Publishing, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer/computing device screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Poolside Publishing.
You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Poolside Publishing for all claims resulting from Content you supply.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Hyperlinks and Third-Party Sites
As you use the site, you may encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contact, either to make their content available to you or to enable you to communicate directly with those companies. Poolside Publishing has no control over such sites and resources. You acknowledge and agree that Poolside Publishing is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Poolside Publishing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Poolside Publishing is not responsible for the availability of, or the content located on or through, any external site. If you choose to proceed to an external site, you proceed at your own risk.
Copyright and Other Proprietary Rights
“Used with permission from Poolside Publishing”. You may not post any content not created by you from this web site to news groups, mail lists or electronic bulletin boards, without the prior written consent of Poolside Publishing. To request consent for other matters, please contact Poolside Publishing. You acknowledge and agree that the Site and all information, data and content included therein (the “Content” contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws). You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or the Site’s advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Copyright © Poolside Publishing. All rights reserved. All site contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Poolside Publishing and its suppliers.
Any information, images, text, comments, or opinions posted on Poolside Publishing must be the original thoughts and work of the participant. The posting of information that plagiarizes, violates or infringes upon the right of any third party is not allowed. This includes copyright, trademark and proprietary rights. Non-original content may only be posted with the permission and due credit of the third party.
Disclaimer of Warranties and Liability
The owners and licensors shall not be liable to users or anyone else for any consequential damages, including, without limitation, special, incidental, indirect, or similar damage, even if advised of the possibility of such damages.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Poolside Publishing provides the site and its content on an “As Is” basis, and Poolside Publishing grants no warranties to you (express, implied, statutory, or otherwise) via any communication with Poolside Publishing with respect to the site and the information received via the site. Poolside Publishing specifically disclaims any implied warranty of non-infringement, merchantability or fitness or a particular purpose. Poolside Publishing does not warrant that your use of the site will be uninterrupted, always available or error-free, Poolside Publishing will meet your requirements, or that any defects in the site will be corrected. Poolside Publishing disclaims liability for, and no warranty is made with respect to, the availability of the site, including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or other interruption in service.
Poolside Publishing logos and trademarks may not be used without our consent on any product or service, except our own, in a manner that confuses consumers or dilutes the distinctiveness of the marks. Poolside Publishing logos and trademarks may not be used in connection with any product or service that is not Poolside Publishing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Poolside Publishing.
You agree to allow the use of any material posted on Poolside Publishing, to be used by Poolside Publishing to promote the site.
Governing Law and Jurisdiction
Your use of this web site and all related rights and obligations, shall be governed by the laws of the United States of America and the state of California, Marin County, as if your use was a contract wholly entered into and wholly performed within California of proceeding with respect to this web site or any matter related thereto may be brought exclusively in the courts of California venue in Marin County or of the United States of America for the district of California venue in Marin County. By using this web site, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction.
If any clause or provision set forth herein is determined to be illegal, in valid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severed without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms and Conditions of use.
“As Is” basis. Poolside Publishing makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site, to the full extent permissible by applicable law.
You agree to indemnify and hold Poolside Publishing and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorney fees, made by a third party due to or arising from or in connection with your use of the site, use of content provided via the site or breach of these terms and conditions of use.
You shall comply with all applicable laws, statues, ordinance and regulations regarding your use of the site.
Terms and Conditions last updated on August 30, 2017.