|
River Rock Health Spa Web Site & Web Presence Terms and Conditions of Use
The following describes the terms and conditions (the “Terms and Conditions”) on which River Rock Health Spa offers you the information (including the Intellectual Property [as defined below]), “Services” and products on the River Rock Health Spa web site and related web pages (collectively, the ““Services””).
River Rock Health Spa reserves the right to modify, amend or restate the Terms and Conditions from time to time with or without prior notice.
Your use of this web site and any “Services” will constitute your acceptance of the Terms and Conditions as modified by River Rock Health Spa.
Copyright Policy
The content on this Web site is copyrighted by River Rock Health Spa, but under the Creative Commons Attribution - Non-commercial License you have our permission, to copy for non-commercial purposes any item to which we have the copyright, so long as you name us as the author, and do not change the meaning of the content.
If you want to use the content on this website in a way that requires our permission, please just ask!
The River Rock Health Spa website may link to or include materials obtained from other sources or published by others. Such other parties may retain a copyright in these works. In such cases, users must seek permission from the copyright owner for all uses that are not allowed by fair use and other provisions under copyright law.
If you have any questions about copyright of RIVER ROCK HEALTH SPA materials, please contact us.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms and Conditions. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the “Services” in accordance with the Terms and Conditions, not to use the “Services” for illegal purposes, and not to interfere or disrupt the networks connected to the “Services”.
Restrictions on Use
You may not use the “Services” for any illegal purposes or in any manner inconsistent with the Terms and Conditions. You agree to use the “Services” solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You agree to promptly notify Us upon becoming aware of any unauthorized access or use of the “Services” by any party or any claim that the “Services” infringes upon any copyright, trademark or other contractual, statutory or common law rights.
You may not use the “Services” in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of River Rock Health Spa’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.
You will not use the “Services” or the information contained therein in unsolicited mailings or spam material. You will not use any of River Rock Health Spa’s trademarks, trade names or service marks in unsolicited mailings or spam material.
You will not spam or send unsolicited mailings to any person or entity using the “Services”. You agree to comply with any other applicable terms and conditions.
No License Granted
You acquire absolutely no rights or licenses in or to the ““Services”” and materials contained therein other than the limited right to utilize the ““Services”” in accordance with the Terms and Conditions. Should you choose to download content from the ““Services””, you must do so in accordance with the Terms and Conditions. Such download is licensed to you by Us only for your own personal, noncommercial use in accordance with the Terms and Conditions and does not transfer any other rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the web site or linked from the web site. All information contained on this web site has been obtained from sources believed by Us to be accurate and reliable. The ads, press releases, links, blogs and newsletters are also provided by the identified organizations. We do not edit or control the information We receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, We are not responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual Property and other proprietary rights of Us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the “Services” (the “Intellectual Property Rights”) shall, as between you and Us, at all times be and remain the sole and exclusive property of Us. All present and future rights in and title to the ““Services”” (including the right to exploit the ““Services”” and any portions of the ““Services”” over any present or future technology) are reserved to River Rock Health Spa’s exclusive use. Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the “Services” or any portion thereof.
Liability Disclaimer
The material provided on this web site could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. We may make changes or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest professional quality of the “Services” We offer on the River Rock Health Spa web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the “Services” even if there is negligence by Us or an authorized representative of Us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. River Rock Health Spa total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to River Rock Health Spa to access the “Services”.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the “Services”, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the “Services” using your computer, of any Intellectual Property or other right of any person or entity. We reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
User Submissions to the Web Site
The “Services” may include message systems, bulletin boards and/or chat rooms which may provide on-line participation by and interaction among users. All remarks, suggestions, ideas, graphics, or other information communicated to River Rock Health Spa through uur “Services” will become the property of River Rock Health Spa. Without limitation, We will have exclusive ownership of all present and future existing rights to the User Submission of every kind and nature everywhere. We will be entitled to use the User Submission for any purpose whatsoever (consistent with the Privacy Policy then in effect), without compensation to you or any other person sending the User Submission.
We do not control the postings of messages, information or files to chat rooms and bulletin boards. Further, We have no obligation to monitor chat rooms or bulletin boards or any other postings of User Submissions.
All Submissions Are Subject to These Further Conditions
Your use of the “Services” and submission of material for publication on the pages of the web site are conditioned on your adherence to the following policies:
You may not restrict or inhibit any other user from using or enjoying any of the “Services”.
You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights.
You may not post or transmit any information, software or other material which contains a virus or other harmful component.
You may not post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains commercial advertising.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in River Rock Health Spa’s sole discretion are objectionable or in violation of its Submission policies.
Under no circumstances will We be required to treat any Submission as confidential (subject to Privacy Policy then in effect), and will not be liable for any ideas for its business (including, without limitation, product or service ideas) and will not incur any liability as a result of any similarities that may appear in future We operations.
You acknowledge that you are solely responsible for whatever material you submit, and you, not Us have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. Your communication of a Submission is in all respects subject to the Terms and Conditions, including without limitation those set forth in “Indemnification.”
Links
The “Services” display links to other web sites that are not owned or maintained by Us and which contain information some people may find inappropriate or offensive. We has not reviewed such web sites and are not responsible for the content thereof. The inclusion of a link to such web site does not imply endorsement by Us. Viewing of any web site linked to the “Services” is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify the information or material that is provided on this web site or linked to this web site. Unless otherwise specifically indicated, We have no affiliation with any of the organizations mentioned or described on the web site, and We make no representations or warranties with regard to those organizations. Nor do We endorse or affiliate itself with any of the organizations that are linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted on our web site at www.riverrock.biz.
Policies Concerning Claims of Infringement
It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to River Rock Health Spa, 62 Ricks Road, Woodstock, NY 12498.
Notices of copyright infringement should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit We to locate the material.
The address, telephone number, or email address of the complaining party.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserves the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the “Services”. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the River Rock Health Spa Web/Internet infrastructure.
Access Outside the United States
We makes no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the “Services” from other locations, you are responsible for compliance with applicable local laws.
As a courtesy to Our foreign users, We have provided translation buttons for certain languages, that are designed only to assist in providing the gist of the content of the site. The translations are computer automated, have not been reviewed by Us, and are provided by a third party service. Use of the translation buttons fall under the terms and conditions of use of that third party translation service.
General Disclaimer
We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
River Rock Health Spa’s failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. If we ask a third party to provide “Services” through this web site, the provisions of this agreement shall apply to your use of the “Services”, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the reasonable control of River Rock Health Spa, Woodstock, New York.
|