Web Site Terms of Use
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Welcome to Texoma Belle Riverboat web site (this 'Web
Site'). Gary Miller is the proprietor and provides this Web
Site subject to the following terms of use (these 'Terms').
These Terms explain a contractual agreement between you ('User,'
'You,' 'Your') and Texoma Belle Riverboat - Madill,
Oklahoma ('We,' Us,' 'Our') regarding Your
use of this Web Site. You should print a copy of these Terms for
Your records. Please note, however, that we may update and amend
these Terms from time to time.
The goal of this Web Site is to provide You with access to
information about Our company, services, and commitments to meet
Your needs (the 'Content'). The Terms are meant to protect all of
Our potential customers and vistors to this Web Site. Your access
to and use of this Web Site signifies Your agreement with these
Terms. |
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DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH
THESE TERMS. |
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We reserve the right, in our sole discretion, to modify, alter or
otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon
posting. You agree to be bound by such modified, altered, and
updated Terms if You access or use this Web Site after we have
posted notice of such modifications, alterations or updates.
Consistent with Our goals, this Web Site may at a future time
permit You to link to many other Web sites that may or may not be
affiliated with this Web Site and/or with Us. Once other linked
Web sites have been posted, they may have different terms of use
that are not the same as these Terms. Your access to and use of
such linked Web sites through links provided on this Web Site is
governed by the terms of use and policies of those sites, not
this Web Site.
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1. PRIVACY: Registration data and certain other
information about You is subject to our Privacy Policy. For more
information, please review our Privacy Policy.
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2. WEB SITE USE: We control and operate this Web
Site. All Content on this Web Site, including, but not limited
to, text, images, and illustrations are protected by copyrights,
trademarks, service marks, and/or other intellectual property
rights (which are governed by United States and worldwide
copyright laws and treaty provisions, privacy and publicity laws,
and communication regulations and statutes). The Content is owned
and controlled by Us or Our affiliates, or by third party content
providers, merchants, sponsors and licensors (collectively the 'Providers')
that have licensed their content or the right to market their
products and/or services to Us. Content on this Web Site or any
Web Site owned, operated, licensed or controlled by the Providers
is solely for Your personal, non-commercial use. You agree to
abide by all additional copyright notices, information, or
restrictions contained in any Content. You may download a single
copy of any Content contained on this Web Site, solely for Your
personal, non-commercial use, consistent with these Terms,
provided that You maintain all copyright and other notices
contained in such Content.
You may not copy, reproduce, republish, upload, post,
transmit, distribute, and/or exploit the Content in any way
(including by e-mail or other electronic means) for commercial
use without the prior written consent of Us or the Providers. You
may request consent by phone or e-mail a request to Texoma Belle
Riverboat on our Questions or Comments page. Your modification of
the Content, use of the Content on any other web site or
networked computer environment, or use of the Content for any
purpose other than personal, non-commercial use, without the
prior written consent of Us or the Providers, violates the
intellectual property rights and proprietary rights of the
Content owners and is prohibited.
You may not use on Your web site any registered or
unregistered trademarks, service marks or copyrighted materials
appearing on this Web Site, including but not limited to any
logos or characters, without the express written consent of the
owner of the mark or copyright. You may not frame, deep link, or
otherwise incorporate into another Web site any of the Content or
other materials on this Web Site without our express prior
written consent.
Violation of trademark and copyright laws may result in
significant civil liability or criminal penalties under United
States and/or worldwide copyright and trademark laws. You
recognize that any reproduction or use of Content, except as
authorized by these Terms, is considered intentional
infringement. |
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3. USER'S RESPONSIBILITIES: You warrant and represent to
Us that You will not use this Web Site for any purpose that is
unlawful or prohibited by these Terms, including without
limitation the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material. If You violate any of these Terms, Your
permission to use this Web Site immediately terminates without
the necessity of any notice. If required or need be, We retain
the right to deny access to anyone at Our discretion for any
reason, including for violation of these Terms.
You are solely responsible for Your Information which you
might supply US, and We act as a passive conduit for Your online
distribution and publication of Your Information. As used in
these Terms, 'Information' means any information or data
that You submit to this Web Site and any information or data that
is generated by this Web Site as a result of Your use of this Web
Site. |
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4. PROHIBITED ACTIVITIES: You are specifically prohibited
from any use of this Web Site, and You agree not to use or permit
others to use this Web Site, for any of the following: (a) take
any action that imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure, including but not
limited to 'spam' or other such unsolicited mass e-mailing
techniques; (b) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or
in any way making up a part of this Web Site; (c) upload, post,
emailing or otherwise transmitting any Information, Content, or
proprietary rights that You do not have a right to transmit under
any law or under contractual or fiduciary relationships; (d)
violating any applicable local, state, national or international
law, including, but not limited to, any regulations having the
force of law; and, (e) using any robot, spider, intelligent
agent, other automatic device, or manual process to search,
monitor or copy Our web pages, or the Content without Our prior
written permission, provided that generally available third party
Web browser such as Netscape Navigator® and Microsoft Internet
Explorer® may be used without such permission. |
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5. INFORMATION POSTED TO WEB SITE: With respect to all
Information You elect to post to publicly accessible areas of the
Web Site, You agree that we have the right to use, reproduce,
modify, publish, perform and display such Information (in whole
or part) worldwide; provided that such use is subject to the
terms of our Privacy Policy.
You acknowledge and agree that we may preserve Information and
may also disclose Information if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Our business, employees,
Providers, affiliates, users, and/or the public. |
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6. LINKS TO THIRD PARTY SITES NOW OR IN THE FUTURE:
This Web Site may in the futurec ontain links to third-party
web sites not under our control or operation (the 'Linked
Sites'). The links will let You leave this Web Site, and You
access them at Your own risk. You acknowledge that we provide the
Linked Sites for Your convenience and information only. We do not
endorse nor are We responsible for any content, information, or
other related materials found at any such Linked Sites or any
links contained within such Linked Sites, whether or not We are
affiliated with the owners of such Linked Sites. You may not
establish a hyperlink to this Web Site or provide any links that
state or imply any sponsorship or endorsement of Your web site by
Us or the Providers. |
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7. DEALINGS WITH ADVERTISERS: Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through this Web Site, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings are solely between You and such advertisers. You agree
that We (and the Providers) shall neither be responsible nor
liable for any loss or damage incurred by You as the result of
any such dealings or as the result of the presence of such
advertisers on this Web Site. |
8. NO WARRANTIES: ALL CONTENT ON THIS WEB SITE IS PROVIDED
'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR
IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE
DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, NOR OUR AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS
PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING
WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR
CORRECTION OF YOUR SYSTEM. |
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9. LIMITATION OF LIABILITY: IN NO EVENT SHALL WE NOR
OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY
OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR
ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF
WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED
USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. OUR LIABILITY,
AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF
FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (B) $500. Some states do not allow for the
limitation of liability, so the foregoing limitation may not
apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE
ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER
VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB
SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this Section 9
will survive and apply even if any limited remedy specified in
these Terms is found to have failed of its essential purpose. The
limitations of liability provided in these Terms inure to the
benefit of US and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents. |
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10. GOVERNING LAW AND JURISDICTION: We operate
this Web Site (excluding Linked Sites) from offices within the
State of Texas. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these places
has laws that may differ from those of Texas, by accessing this
Web Site, You agree that these Terms and Your use of the Web Site
shall be governed in all respect by the internal substantive laws
of the State of Texas, without regard to conflict of laws
provisions and shall not be governed by the United Nations
Convention on the International Sale of Goods. You further submit
to exclusive jurisdiction and venue in the state and federal
courts located in the State of Texas for all disputes, cases and
controversies regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation that
materials on this Web Site are appropriate or available for use
in other locations, and accessing them from territories where the
Content is illegal or prohibited. Those who choose to access this
Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws
regarding the transmission of technical data exported from the
United States or the country in which You reside. |
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11. INDEMNIFICATION: We reserve the right to
report any wrongdoing, if and when We become aware of it, to any
applicable government agencies. You agree to indemnify, defend
and hold Us and the Providers, Our and their officers, directors,
employees, affiliates, agents, licensors, and suppliers harmless
from and against any and all claims, demands, actions, costs,
liabilities, losses and damages of any kind (including attorneys'
fees) resulting from Your use of this Web Site, Your breach of
any provision of these Terms and/or any negligent acts, omissions
or intentional wrongdoing by You. Any such indemnification shall
be conditioned on Our: (a) notifying You in writing of any such
claim, demand, action, cost, liability, loss or threat of any
thereof; (b) cooperating with You in the defense or settlement
thereof; and (c) allowing You to control such defense or
settlement. We shall be entitled to participate in such defense
at Our own cost and expense. |
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12. OTHER GENERAL PROVISIONS: These Terms are
for the benefit of Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities shall have the
right to assert and enforce these Terms directly against You on
its (or their own) behalf. Our failure to act with respect to a
breach by You or others does not waive Our right to act with
respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or
unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and Us are dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your fiduciary.
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement
between Us (including the Providers), Our affiliated or related
entities, and You, and supersede any prior agreements or
understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future
published terms of use or understanding, the last published Terms
shall prevail. |
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE
TERMS.
Questions Concerning This Statement
If you have questions or concerns regarding Our Terms of Use
Policy, please use the Questions or Comments page on this Web
Site for those purposes. |