Terms of Web Site Use and Disclaimer
Use of this Site
The Site comprises, internet web pages, including but not limited to, the text, data, information, materials, software, and graphics contained or provided in any form or media that may be accessible through the Site, as well as any updates, enhancements and modifications thereto, and all intellectual property therein.
If any data, software, content and/or other copyrighted material is provided by a Third Party, you understand and agree your use of such Third Party Content is governed by the acknowledgements, licensing terms and disclaimers for such Third Party Content.
All site design, text, graphics, interfaces, and the selection and arrangements thereof are ©2019, Encinitas Bazaar. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of working with the Encinitas Bazaar or using this site as a resource.
Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of the Encinitas Bazaar is strictly prohibited.
All trademarks, service marks, and trade names (collectively the ”Marks”) are proprietary to the Encinitas Bazaar or other respective owners that have granted Encinitas Bazaar the right and license to use such Marks.
By submitting, disclosing, or offering any review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to the Encinitas Bazaar either online or offline and whether or not solicited by Encinitas Bazaar, you hereby grant to Encinitas Bazaar an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
You agree not to use the site to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that we deem to be unlawful, harmful, libelous, defamatory, obscene, vulgar, pornographic, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable
Upload or transmit any material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law
Upload, e-mail, transmit, or otherwise make available any material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
Without Encinitas Bazaar’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters
Harm minors in any way Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruse or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
Encinitas Bazaar reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this site, to block or prevent future access to and use of this site, and to remove and discard any Material and Submissions.
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
ENCINITAS BAZAAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ENCINITAS BAZAAR DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ENCINITASBAZAAR.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ENCINITAS BAZAAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENCINITAS BAZAAR WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE ENCINITAS BAZAAR WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Limitation on Liability
IN NO EVENT SHALL THE ENCINITAS BAZAAR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE ENCINITAS BAZAAR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
External Sites & Open Source Products, Links & Information
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the ”External Sites”). You acknowledge that Encinitas Bazaar is not responsible for the availability of, or the content located on or through, any External Site or Open Source Product.
You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Inclusion of any of the foregoing in the services offered does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Encinitas Bazaar with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.