Terms and Conditions

TERMS AND CONDITIONS

        Acceptance.  By accessing and using The Yellow Cape Cod Blog and Website (collectively, “Site”), you accept and agree to be bound by these Terms and Conditions, including any modifications we make.  If you do not accept and agree to be bound by these Terms and Conditions, you may not use the Site. 

         Disclaimer and Limitation of Liability.  This Site is provided by The Yellow Cape Cod on an “as is” and “as available” basis and without any warranty that the Site will meet any particular criteria of performance or quality.  The Yellow Cape Cod makes no representations or warranties of any kind, express or implied, as to the usability, condition, or operation of this Site, or that access to or use of the Site will be uninterrupted or error-free as to the information, content, or any material included on the Site.  You agree that The Yellow Cape Cod is not liable for any damages of any kind arising from the use of this Site, including but not limited to, direct, indirect, incidental, consequential and punitive damages.    

         Links to Other Sites.  The Yellow Cape Cod may provide links to third party websites.  These links are provided as a convenience and The Yellow Cape Cod does not endorse, approve, or guarantee the accuracy of the information on any third party site.  The Yellow Cape Cod exercises no control over such other websites and web-based resources, and is not responsible or liable for the availability of any other website or the content, advertising, products or other information contained thereon.         

       Commenting and Posting Policy.  The Yellow Cape Cod disclaims responsibility and liability for the content and opinions expressed by others on the Site, including content or opinions regarding any products or service mentioned on the Site.  Comments are welcomed on this Site, but there are some instances where comments will be edited or deleted; for example:

a.         Comments deemed to be spam or questionable spam will be deleted.  Including a link to relevant content is permitted, but links and comments should be relevant to the post topic;

b.         Comments containing language or concepts that could be deemed offensive will be deleted; and   

c.              Comments that attack a person individually will be deleted. 

By posting content to the Site, you represent and warrant that you own or otherwise control all of the rights to that content, including all the rights necessary for you to provide, post, upload, distribute, input, or submit the content, or that your use of the content is a fair use.   

By posting content to the Site, you grant The Yellow Cape Cod a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your content with other content, create derivative works of, sublicense and publicly perform the content for any purpose.  This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.

By posting content to the Site, you agree to indemnify and hold The Yellow Cape Cod harmless from any and all liability, damages, or expense whatsoever to any cause of action arising out of your use of the Site, the content you post, or any actual or alleged violation or breach by you of any of these Terms and Conditions.   

                    Trademarks and Other Intellectual Property.  This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site are owned by The Yellow Cape Cod or third parties and all right, title and interest therein shall remain the property of The Yellow Cape Cod and/or such third parties (collectively, the “Content”).  All Content is protected by trade dress, copyright, trademark laws, and various other intellectual property rights.  Unauthorized copying, reproduction, modification, republishing, duplicating, uploading, posting, or transmitting any Content on this Site is prohibited.  All Content is copyright protected and all rights are reserved.  

        DMCA Disclaimer. If you contend that any aspect of the Site infringes on your copyright, pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United  States Code 512, notice of any claimed copyright infringement should include the following information:

a.         A description of the copyrighted work that you claim has been infringed; 

b.         A description of where the material that you claim is infringing is located on the Site;

c.         Your address, telephone number and email address;

d.         A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and

f.          An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.   

        Governing Law.  These Terms and Conditions and your use of the Site are governed by and will be interpreted under the laws of the State of Michigan.  By using the Site, you agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a Court located in the State of Michigan, County of Oakland, U.S.A, or the applicable Federal Court located in the State of Michigan, U.S.A., to the exclusion of the Courts of any other county, state, or country.   

© Copyright 2013 The Yellow Cape Cod