Terms of Use
Important information about the use of this website.
Welcome to WackSite (Sanchez Media). The goal of this web site (http://www.wacksite.com) is to provide access to our selection of surfing related products to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of WackSite (Sanchez Media), users ("Users") agree to be legally bound and to abide by the terms set forth below. WackSite (Sanchez Media) is owned and operated by WackSite (Sanchez Media) Inc., Any references herein to WackSite (Sanchez Media) shall be deemed to refer to WackSite (Sanchez Media), Inc. as applicable under the circumstances.
I. TRADEMARKS
WackSite (Sanchez Media) and the WackSite (Sanchez Media) logo are service marks of WackSite (Sanchez Media) or its affiliates. All rights reserved. These and other WackSite (Sanchez Media) graphics, logos and service marks and trademarks of WackSite (Sanchez Media) and its affiliates may not be used without prior written consent of WackSite (Sanchez Media) Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on WackSite (Sanchez Media) are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of WackSite (Sanchez Media) is at User's sole risk. Neither WackSite (Sanchez Media), nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that WackSite (Sanchez Media) will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of WackSite (Sanchez Media), or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through WackSite (Sanchez Media).
THIS SITE IS PROVIDED BY WACKSITE (SANCHEZ MEDIA) ON AN "AS IS"AND "AS AVAILABLE" BASIS. WACKSITE (SANCHEZ MEDIA) 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, WACKSITE (SANCHEZ MEDIA) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WACKSITE (SANCHEZ MEDIA) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WACKSITE (SANCHEZ MEDIA) NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall WackSite (Sanchez Media) or any other party involved in creating, producing, or distributing WackSite (Sanchez Media) be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use WackSite (Sanchez Media), including but not limited to reliance by a User on any information obtained from WackSite (Sanchez Media) or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to WackSite (Sanchez Media) records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through WackSite (Sanchez Media). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
User acknowledges that WackSite (Sanchez Media) contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and WackSite (Sanchez Media) owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
IV. ONLINE CONDUCT
User agrees to use WackSite (Sanchez Media) only for lawful purposes. User is prohibited from posting on or transmitting through WackSite (Sanchez Media) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If WackSite (Sanchez Media) is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), WackSite (Sanchez Media) may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from WackSite (Sanchez Media). WackSite (Sanchez Media) may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate WackSite (Sanchez Media); or (iii) to protect the rights or property of WackSite (Sanchez Media), its Users or Providers.
WackSite (Sanchez Media) reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, WackSite (Sanchez Media), the communities that make up WackSite (Sanchez Media), or any rights of WackSite (Sanchez Media) or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither WackSite (Sanchez Media) nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither WackSite (Sanchez Media), nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on WackSite (Sanchez Media).
V. PRIVACY POLICY
In accordance with the terms of WackSite (Sanchez Media) Privacy Policy, WackSite (Sanchez Media) respects the privacy of its Users.
VI. TERMINATION OF USAGE
WackSite (Sanchez Media) may terminate User's access, or suspend any User's access to all or part of WackSite (Sanchez Media), without notice, for any conduct that WackSite (Sanchez Media), in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or WackSite (Sanchez Media).
VII. USAGE BY CHILDREN UNDER 13
WackSite (Sanchez Media) cannot prohibit minors from visiting this site. WackSite (Sanchez Media) must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase (whether in our Kids! department or our other departments).
WackSite (Sanchez Media) requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a WackSite (Sanchez Media) authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT WACKSITE (SANCHEZ MEDIA), YOU ARE REPRESENTING TO WACKSITE (SANCHEZ MEDIA) THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A WACKSITE (SANCHEZ MEDIA) AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and WackSite (Sanchez Media) regarding your relationship with WackSite (Sanchez Media) and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the WackSite (Sanchez Media) web site. The aforementioned Terms of Use are subject to change.
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