Terms of service

These Terms of Use ("Terms") apply to your access to and use of this site and its functionality (collectively, the "Service") provided by beachradar.com ("Beachradar", "we" or "us"). By expressing your consent (for example, by clicking on the "Continue", "Login" or "Register" buttons) or by using our Service, you agree to these Terms.

Our Privacy Policy explains how we collect and use your information, and our Policy sets out your responsibilities when using our Service. By using our Service, you agree to be bound by these Terms and our Rules.

If you have any questions about these Terms or our Service, please contact us at [email protected]

Your account and responsibilities

You are responsible for your use of the Service and any content you provide (“User content”), including compliance with applicable laws. The content of the Service may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share content unless you are authorized to do so. You can share a link to content without copying it.

If you want to use or share the Google Content, please, refer to https://www.google.com/intl/en/help/terms_maps/ and https://policies.google.com/terms (“Google Terms”)

You may need to register an account to access some of the functionality of the Service. The words “User”, "you" or "your" applies to the person that accepts these Terms.

If you accept these Terms and use the Service on behalf of another person (for example, another natural or legal person), you confirm that you have the right to do so, in which case the words “User”, "you" or "your" in these Terms include this other natural or legal person.

You must be at least 16 years old to use our Service.

Registration by email, Google, or Facebook account

By submitting your email address account, you will automatically receive our free email newsletter. If you wish to unsubscribe from the free email newsletter, you have the right to do so at any time by clicking on the unsubscribe link contained therein. You can also subscribe to any mailings available when using our Service, as well as unsubscribe from them at any time.

You agree to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. You are solely responsible for keeping such information updated.

You are responsible for all operations carried out through your account through any device.

You must protect and keep the account password confidential and must not disclose it to third parties. You must neither allow other to access the Service through your account nor use the account of another to access the Services.

We may suspend or cancel your account if it considers that the you have breached these Terms.

Content

User Content

Beachradar may review your behavior on our site and content you upload (including but not limited to photos, videos, texts, etc.) for compliance with these Terms and reserves the right not to post or remove any offending content.

Beachradar reserves the right to remove or suspend access to content that allegedly violates the intellectual property rights of others, as well as to delete the accounts of repeated violators. We respond to notices of alleged copyright infringement (“Copyright infringement Notice”) if they are in accordance with the law; please report such cases to: _____________.

Copyright infringement notices must meet the following requirements:

  • The handwritten or electronic signature of the person submitting the notification.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a list of such works.
  • Identification of the material claimed to be infringing and that is to be removed or access to which is to be disabled, as well as sufficient information to allow Beachradar to locate that material.
  • Information to allow Beachradar to contact the complaining party, such as an address, telephone number, and, if possible, an email address.
  • A statement that the complaining party has reason to believe that the use of the material is not authorized by the copyright owner or the law.
  • A statement that the information in the notification is accurate and true.

 

We do not select, examine, control, guarantee, approve, sponsor or identify ourselves in any form with the User Content. The User Content is your sole responsibility.

Third Party Content and Google Content

Regarding the content of other users and providers (“Third Party Content”) and content of Google Maps and other Google Services users (“Google Content”), the Service’s role is limited to display such content and give you access to it according to these Terms and Google Terms.

We are not the provider of the Third Party Content or the Google Content, and do not present ourselves as owner of such contents. Furthermore, displaying such a content does not imply any relationship between us and the third party responsible for the Third Party Content or the Google Content.

We do not select, examine, control, guarantee, approve, sponsor or identify ourselves in any form with the Third Party Content or the Google Content available for you with our Service. The Third Party Content and the Google Content are the sole responsibility of the third parties that make them available to the public over the Internet.

Beachradar Own Content

Beachradar Own Content is offered under the conditions stated from time to time in the Service and its use is allowed in the terms set out or referred to in these Terms, as applicable.

Intellectual property rights:

You retain your rights to any User content that you submit, post or display using or through the Service.

Unless otherwise agreed in writing, by submitting, posting, or displaying User content using or through the Service, you provide Beachradar with a non-exclusive, free, worldwide, and non-sublicensable license to use, reproduce, adapt, publish, distribute, publicly perform and display your User Content and any name, username or image provided in connection with your content on the Beachradar site.

As long as you comply with these Terms, Beachradar grants you a limited, personal, non-exclusive, and non-assignable license to access and use our Service.

The Service and its content are protected by copyright, trademark, and other laws. These Terms do not grant you any rights with respect to the Service and Beachradar Content, Third Party Content, Google Content, or Beachradar's trademarks, logos, or other elements of the Beachradar brand.

You may use Beachradar Own Content provided that you:

  • Do not involve collective use;
  • Do not used in a manner that suggests an association or endorsement by Beachradar or the Service;
  • The content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits of the Service;
  • Do not copy, resell, assign, transfer or sublicense the content or any derived work;
  • Do not use the content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);
  • Do not make any use of the content which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
  • Does not make any use of the content to slander, libel or to vilify a person, race, sex, culture, religion, country, region, town, village or any other place.

 

We may stop providing access to the Service or any of its features at our sole discretion. We also reserve the right to set restrictions on use and storage and may remove or restrict the distribution of content using the Service.

The duration of these Terms.

You can stop using our Service at any time. We reserve the right to suspend or terminate your access to the Service with or without notice.

Reimbursement

To the maximum extent permitted by applicable law, you will indemnify, protect and ensure the safety of Beachradar and our officers, directors, agents, partners, and employees (individually and collectively, "Beachradar Parties") from any loss, liability, claim, costs or expenses ("Claims") arising from or in connection with your misappropriation or violation of any rights of another person (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Beachradar Parties of any third party Claims, work with Beachradar Parties to defend against such Claims, and pay all fees, costs, and expenses associated with defending against such Claims (including attorney fees). You also agree that Beachradar Parties will monitor the defense or settlement of any third party Claims, in the sole discretion of Beachradar.

"As Is" Disclaimer

Beachradar is committed to providing you with excellent Service, but there are things we cannot guarantee. Your use of our Service is at your own risk. You understand that the Services and any content posted or shared by us or users of the Service are provided "as is" and "as available" without any express or implied warranties. In addition, Beachradar does not represent or warrant that our Service is accurate, complete, reliable, current, or error-free. No advice or information obtained from Beachradar or through the Service creates any warranties or representations not expressly stated in this section. Your access and use Third Party Content or Google Content at your own risk. Some countries do not allow the use of the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

We do not exclude or limit our liability to you if it would be illegal; including any liability for gross negligence, fraud or willful misconduct by Beachradar or other Beachradar Parties in providing the Service. In countries where the following types of restrictions are not permitted, we are only liable to you for loss or damage that is reasonably foreseeable as a result of our failure to exercise reasonable care or a breach of our contract with you. This paragraph does not affect consumer rights, which cannot be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Beachradar and Beachradar Parties are not responsible for:

(a) Any consequential, incidental, punitive, or special damages, or any inability to use, loss of data, or profit, in accordance with any legal theory, even if Beachradar or the Parties to Beachradar have been advised of the possibility of such consequences.

(b) Except for liability that we cannot legally limit (as described in this section), we limit the overall liability of Beachradar and Beachradar Parties for any claims arising out of or in connection with these Terms or our Service, regardless of form actions, up to $ 100.

Applicable law and jurisdiction

Your use of our Service and any disputes arising out of such use are governed by the laws of England and Wales. We reserve the right to take action against any account, at any time and for any reason. Any dispute between the parties shall be settled in the courts of England and Wales.

Some countries have laws requiring agreements to comply with the local laws of the consumer's country. This section does not purport to be non-applicable to these laws.

Amendments

We may change these Terms from time to time. If we make changes, we will notify you by sending an email to the email address associated with your account, posting a notice on the site, or updating the date at the top of these Terms. Unless we indicate otherwise in our notice, the modified Terms will take effect immediately and your continued use of our Service after we provide such notice will confirm your acceptance of the changes. If you do not agree with the changed Terms, you must stop using our Service.

Legal force

If any provision or part of a provision of these Terms is illegal, invalid, or unenforceable, that provision or part of a provision is deemed to be separable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Failure by Beachradar to exercise or enforce any right or provision of these Terms will not act as a waiver of such right or provision. These Terms, as well as the terms and policies listed therein, reflect the entire agreement between the parties with respect to the subject matter of these Terms and supersede all prior agreements, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. The use of the word "including" will be construed to mean "including without limitation." Unless otherwise provided herein, these Terms are solely for the benefit of the parties and are not intended to grant the rights of third-party beneficiaries to any other person or entity. You agree that communications and transactions between us may be carried out electronically.

 

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