Terms Of Service
Use of the Official Website of Shore Rentals By Owner, LLC (the "Website") is subject to the following terms of use:
1. Website Ownership
The Website is owned by Shore Rentals By Owner ("ShoreRentals.com"). All materials distributed in the Website (the "Materials") are either owned by or licensed to ShoreRentals. ShoreRentals and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of ShoreRentals. Materials must not be used in any unauthorized manner.
- Client text, photo, grClienthic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Client Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Client will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Client Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional Users may use portions of the Client Materials for internal printed communications and memoranda.
- Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), ShoreRentals has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider:
Shore Rentals By Owner
Name of Agent Designated to Receive Notification of Claimed Infringement:
Kevin T. Mitchell
Full Address of Designated Agent to Which Notification Should Be Sent:
5007 Park Blvd.
Wildwood, NJ 08260
United States of America
Telephone Number of Designated Agent:
(609) 729-5810
Facsimile Number of Designated Agent:
(609) 751-9343
E-mail Address of Designated Agent:
legal@ShoreRentals.com
2. My Realtor
- Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email message boards ("My Realtor"). You must use My Realtor in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornogrClienthic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
- In order to participate in the My Realtor, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by ShoreRentals.
- License. By transmitting any Message or Screen Name, you are granting ShoreRentals a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
- Message and Screen Name Review. ShoreRentals and its vendors act as a passive conduit in connection with your use of My Realtor. ShoreRentals and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its Clientproval or endorsement by ShoreRentals or its vendors.
- You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and ShoreRentals and its vendors other than as expressly set forth in this Agreement.
3. ShoreRentals may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. ShoreRentals may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by ShoreRentals or any of its affiliates of any third party Web site or content. ShoreRentals is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
5. Disclaimer of Warranties
- A. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE ClientPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- B. ShoreRentals DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
6. Limitations on Liability
- A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY ShoreRentals OR ANY ACT OR FAILURE TO ACT BY ShoreRentals OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
- B. IN NO EVENT SHALL ShoreRentals BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO ACCOUNT REGISTRATION.
- C. IN NO EVENT SHALL ShoreRentals, ITS VENDORS OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION ClientPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ShoreRentals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ShoreRentals IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- D. IN NO EVENT SHALL ShoreRentals OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
7. Indemnification
You hereby agree to indemnify and hold ShoreRentals, Shore Rentals By Owner, LLC., harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, purchased via the Website; or (B) any alleged breach of this Agreement by you.
8. Termination
ShoreRentals may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. ShoreRentals may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in ShoreRentals's exclusive discretion, without prejudice to any legal or equitable remedies available to ShoreRentals, for any reason or purpose, including, but not limited to, conduct that ShoreRentals believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which ShoreRentals believes is harmful to other customers, to the ShoreRentals's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by ShoreRentals in its sole discretion. In addition and without prejudice to any other remedy available to ShoreRentals, ShoreRentals may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by ShoreRentals.
9. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the State of New Jersey Clientplicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Cape May County New Jersey will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not Clientpropriate or convenient. ShoreRentals will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
10. Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. ShoreRentals in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
11. Acceptance of Terms of Use
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. ShoreRentals may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
Last updated at March 25, 2010