Terms

Credit

This document was created using a Contractology template available at
http://www.freenetlaw.com

Introduction

These Terms + Conditions govern your use of this Website; by using this Website, you accept these Terms + Conditions in full. If you disagree with these Terms + Conditions or any part of these Terms + Conditions, you must not use this Website.

This Website uses cookies. By using this Website and agreeing to these Terms + Conditions, you consent to our Pro Sayulita / Friends Of Sayulita’s use of cookies in accordance with the terms of Pro Sayulita / Friends Of Sayulita’s Privacy Policy.

License To Use Website

Unless otherwise stated, Pro Sayulita / Friends Of Sayulita and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms + Conditions.

You Must Not:

• republish material from this Website (including republication on another Website);

• sell, rent or sub-license material from the Website;

• reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;

• edit or otherwise modify any material on the Website; or,

• redistribute material from this Website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed as specified.

Acceptable Use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Pro Sayulita / Friends Of Sayulita’s express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without Pro Sayulita / Friends Of Sayulita’s express written consent.

Restricted Access

PAccess to certain areas of this Website is restricted. Pro Sayulita / Friends Of Sayulita’s reserves the right to restrict access to areas of this Website, or indeed this entire Website, at Pro Sayulita / Friends Of Sayulita’s discretion.

If Pro Sayulita / Friends Of Sayulita’s provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

Pro Sayulita / Friends Of Sayulita’s may disable your user ID and password in Pro Sayulita / Friends Of Sayulita’s sole discretion without notice or explanation.

User Content

In these Terms + Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

Unless otherwise specified, you grant to Pro Sayulita / Friends Of Sayulita a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pro Sayulita / Friends Of Sayulita the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Pro Sayulita / Friends Of Sayulita or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Pro Sayulita / Friends Of Sayulita reserves the right to edit or remove any material submitted to this Website, or stored on Pro Sayulita / Friends Of Sayulita’s servers, or hosted or published upon this Website.

Notwithstanding Pro Sayulita / Friends Of Sayulita’s rights under these Terms + Conditions in relation to user content, Pro Sayulita / Friends Of Sayulita does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. Pro Sayulita / Friends Of Sayulita makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Pro Sayulita / Friends Of Sayulita does not warrant that:

  • this Website will be constantly available, or available at all; or
  • the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations Of Liability

Pro Sayulita / Friends Of Sayulita will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Pro Sayulita / Friends Of Sayulita has been expressly advised of the potential loss.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Pro Sayulita / Friends Of Sayulita’s liability in respect of any:

  • death or personal injury caused by Pro Sayulita / Friends Of Sayulita’s negligence;
  • fraud or fraudulent misrepresentation on the part of Pro Sayulita / Friends Of Sayulita; or
  • matter which it would be illegal or unlawful for Pro Sayulita / Friends Of Sayulita to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other Parties

You accept that, as a limited liability entity, Pro Sayulita / Friends Of Sayulita has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pro Sayulita / Friends Of Sayulita’s officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Pro Sayulita / Friends Of Sayulita’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pro Sayulita / Friends Of Sayulita.

Unenforceable Provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify Pro Sayulita / Friends Of Sayulita and undertake to keep Pro Sayulita / Friends Of Sayulita indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pro Sayulita / Friends Of Sayulita to a third party in settlement of a claim or dispute on the advice of Pro Sayulita / Friends Of Sayulita’s legal advisers) incurred or suffered by Pro Sayulita / Friends Of Sayulita arising out of any breach by you of any provision of these Terms + Conditions, or arising out of any claim that you have breached any provision of these Terms + Conditions.

Breaches Of These Terms + Conditions

Without prejudice to Pro Sayulita / Friends Of Sayulita’s other rights under these Terms + Conditions, if you breach these Terms + Conditions in any way, Pro Sayulita / Friends Of Sayulita may take such action as Pro Sayulita / Friends Of Sayulita deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

Pro Sayulita / Friends Of Sayulita may revise these Terms + Conditions from time-to-time. Revised Terms + Conditions will apply to the use of this Website from the date of the publication of the revised Terms + Conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pro Sayulita / Friends Of Sayulita may transfer, sub-contract or otherwise deal with Pro Sayulita / Friends Of Sayulita’s rights and/or obligations under these Terms + Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms + Conditions.

Severability

If a provision of these Terms + Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms + Conditions constitute the entire agreement between you and Pro Sayulita / Friends Of Sayulita’s in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law And Jurisdiction

These Terms + Conditions will be governed by and construed in accordance with the laws of Mexico, and any disputes relating to these Terms + Conditions will be subject to the exclusive jurisdiction of the courts of State of Nayarit, Mexico.

Contact Pro Sayulita / Friends Of Sayulita

If you have any questions about these Terms + Conditions, please Contact Us

All site content Copyright © Pro Sayulita / Friends Of Sayulita 2015 unless otherwise stated in Photo Credits. All rights reserved.