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LLC and protected by U.S. copyright laws. Distribution, reproduction, modification,
transmission, display or performance of the content on this site is strictly prohibited.
All rights reserved.
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in connection with any product or service that is not DiscoverSD' or in any manner
that discredits or disparages DiscoverSD.
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the link to access a linked site, you acknowledge that DiscoverSD does not endorse
nor is affiliated with the linked site and is not responsible for any content that
appears on the third party site.
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DiscoverSD Terms of Service
Description of Services
By using the DiscoverSD Services (as defined below) which are owned and operated
by DiscoverSD.com, LLC ("DiscoverSD") and by accessing, via any platform, the DiscoverSD
Site located at http://www.discoversd.com,
and all linked pages owned and operated by DiscoverSD (the "DiscoverSD Site"), you
agree to be bound by these terms of service, as well as any other guidelines, rules
and additional terms referenced herein, and all such guidelines, terms and rules
are hereby incorporated herein by this reference (collectively, "Terms of Service").
DiscoverSD's on-line services which are available at the DiscoverSD Site will, among
other things, help you find businesses/services you are looking for by allowing
you to get reviews from other DiscoverSD users, post replies to and share these
reviews with DiscoverSD users, read DiscoverSD "Editor's Descriptions", and view
third party postings/reviews regarding similar businesses/services ("DiscoverSD
Service"). These Terms of Service set out the legally binding terms with respect
to your use of and our provision of the DiscoverSD Site and DiscoverSD Services.
Please read these Terms of Service carefully. Your access to or use of the DiscoverSD
Service constitutes your acceptance of all the provisions of these Terms of Service.
If you are unwilling to be bound by these Terms of Service, do not access or use
the DiscoverSD Service.
Eligibility and Modification
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction
if that age is greater than 18 years of age, to register as a member of DiscoverSD
or use the DiscoverSD Site and DiscoverSD Services. If you are under the age of
18 or the applicable legal age in your jurisdiction, you can use the DiscoverSD
Service only in conjunction with, and under the supervision of, your parent or guardian
who has agreed to the Terms of Service. If you do not qualify, do not use the Service.
Membership in the DiscoverSD Service is void where prohibited by applicable law,
and the right to access the DiscoverSD Site is revoked in such jurisdictions. By
using the DiscoverSD Site and/or DiscoverSD Services, you represent and warrant
that you have the right, authority, and capacity to enter into these Terms of Service
and to abide by all of the terms and conditions set forth herein.
- Changes to the Agreement or the DiscoverSD Services.
You agree and understand that these Terms of Service, the DiscoverSD Site and the
DiscoverSD Services may be modified by DiscoverSD from time to time without prior
notice, and such modifications will be effective upon DiscoverSD's posting of the
new terms and/or upon implementation of the new changes on the DiscoverSD Site.
You agree to review the Terms of Service periodically, or upon noticing significant
changes or feature additions, so that you are aware of any modifications. Your continued
use of the DiscoverSD Service after any modifications indicates your acceptance
of the modified Terms of Service. Unless expressly stated otherwise by DiscoverSD,
any new features, new services, enhancements or modifications to the DiscoverSD
Service implemented after your initial access to the Service shall be subject to
these Terms of Service.
User Conduct, Restriction, and Content Policies
- Registration and Security.
In order to use or access some of the DiscoverSD Services, you may be required to
register with DiscoverSD and to select a password and user name ("User ID"), as
well as supply an email address you own and use. If you register, you agree to provide
DiscoverSD with accurate, complete, and updated registration information. Failure
to do so shall constitute a breach of these Terms of Service, which may result in
immediate termination of your account. You may not: (i) enter, select or use a false
name or an email address owned or controlled by another person with the intent to
impersonate that person, or, (ii) use as a User ID a name subject to any rights
of a person or business entity other than yourself without appropriate authorization.
DiscoverSD reserves the right to refuse registration of, or cancel a User ID in
its discretion. You shall be responsible for maintaining the confidentiality of
your password and are fully responsible for all activities that occur under your
User ID and password. Any User ID and password provided to you for your access to
the DiscoverSD Service shall be for your personal use only. You agree to (a) immediately
notify DiscoverSD of any unauthorized use of your User ID or password, any suspicion
that your account has been compromised, and (b) ensure that you exit (Logout) from
your account at the end of each session.
- Use of the Site/Services by Members.
You may use the DiscoverSD Site to solicit reviews from, and share reviews with
other DiscoverSD users. You may search the DiscoverSD database for reviews, business
contact information, articles, Blog posts, and other attraction/destination resources.
You may forward reviews, business contact information, articles, Blog posts, and
other attraction/destination resources to people you know, whether or not they are
existing DiscoverSD users. You may invite people you know to join DiscoverSD. You
may download or copy the portions of the information, data, text, sound, photographs,
graphics, video, messages and other materials available via the DiscoverSD Service
("Content"), and other items displayed on the DiscoverSD Site, for your own use,
provided that you maintain all copyright and other notices contained in such Content
and provide a hyperlink (HTML link) to the page or pages (URLs) on DiscoverSD.com
which contain the content. DiscoverSD does not control the Content posted by third
parties via the DiscoverSD Service, including the content of any messages or reviews,
Blog comments, ratings, or contributed articles of Blog posts and does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the DiscoverSD Service you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will DiscoverSD be liable in any way for
any Content, including any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of your use of any Content. You are responsible
for complying with all laws applicable to the Content you submit via the DiscoverSD
Service; including but not limited to slander and libel laws. You agree that you
must evaluate and bear all risks associated with the submission or use of any Content,
including any reliance on the content, integrity, and accuracy of such Content.
- Restrictions on Rights to Use.
You shall not (and you agree not to allow any third party to):
Content Posted By You on the DiscoverSD Site.
- modify, adapt, translate, or reverse engineer any portion of the DiscoverSD Site
and/or DiscoverSD Service;
- remove any copyright, trademark or other proprietary rights notices contained in
or on the DiscoverSD Site and/or DiscoverSD Service;
- Use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to download, retrieve, index, "data mine," or in any way reproduce
or circumvent the navigational structure or presentation of the DiscoverSD Site,
its contents, and/or DiscoverSD Service;
- collect any information about other users or members (including usernames and/or
email addresses) for any purpose other than to solicit and share reviews with other
DiscoverSD users or members to be conducted on the DiscoverSD Site;
- reformat or frame any portion of the web pages that are part of the DiscoverSD Site
and/or DiscoverSD Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create multiple user accounts for the purpose of artificially improving or diminishing
the ratings or reviews for a business or businesses;
- create or transmit unwanted electronic communications such as "spam" or unsolicited
offers to other users or members of the DiscoverSD Site and/or DiscoverSD Service
or otherwise interfere with other user's or member's enjoyment of the DiscoverSD
Site and/or DiscoverSD Service without obtaining prior written permission from DiscoverSD.com,
- submit any third party materials or Content without such third party's prior written
- submit any Content or material that falsely expresses or implies that such Content
or material is sponsored or endorsed by DiscoverSD;
- submit any Content or material that infringes, misappropriates or violates the intellectual
property, publicity, privacy or other proprietary rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive
- use of the DiscoverSD Site or DiscoverSD Services to violate the security of any
computer network, crack passwords or security encryption codes, transfer or store
illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the DiscoverSD Site for other than your own
- submit Content or materials that are unlawful or promote or encourage illegal activity;
- submit false or misleading information to DiscoverSD;
- take any action that imposes, or may impose in our sole discretion, an unreasonable
or disproportionately large load on our IT infrastructure;
- use the DiscoverSD Site and/ or DiscoverSD Service, intentionally or unintentionally,
to violate any applicable local, state, national or international law; or
- harass, sexually harass, slander, threaten, racially insult, or violate the rights
of any person or business entity, whether they are a DiscoverSD member or not
- collect or store personal data about other users in connection with the prohibited
activities described in this paragraph.
- You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights.
- You understand and agree that DiscoverSD may review and delete any Content, business
listings (including but not limited to business name, address, phone, fax, distance,
reviews, rating, editor's descriptions, contact persons lists) that in the sole
judgment of DiscoverSD violates these Terms of Service or which might be offensive,
illegal, or that might violate the rights of, harm, or threaten the safety of other
users or members of the DiscoverSD Site and/or other website users.
- You are solely responsible for the any Content that you publish or display on the
DiscoverSD Site or transmit to other members and/or other website users (hereinafter,
- You are solely responsible for your comments Blog posts, and ratings and reviews
of businesses listed on DiscoverSD. DiscoverSD reserves the right, but has no obligation,
to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only post Content that you believe to be true and you will
not purposely provide false or misleading information.
- By posting Submitted Content on the DiscoverSD Site, you agree to and hereby do
grant, and you represent and warrant that you have the right to grant, DiscoverSD,
its contractors, and the users of the DiscoverSD Site an irrevocable, perpetual,
non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license
to use, copy, publicly perform, digitally perform, publicly display, and distribute
such Submitted Content and to prepare derivative works of, or incorporate into other
works, such Submitted Content.
- The following is a partial list of the kind of Content and communications that are
illegal or prohibited on/through the DiscoverSD Site. DiscoverSD reserves the right
to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the offending
communication from the DiscoverSD Service and terminating the membership of such
violators or blocking your use of the DiscoverSD Service and/or DiscoverSD Site.
You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the DiscoverSD Site, such as Content or messages
that promotes racism, bigotry, hatred or physical harm of any kind against any group
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of
18 in a sexual or violent manner, or seeks or recommends providers that solicit
personal information from anyone under 18.
If you enter into correspondence or engage in commercial transactions with third
parties in connection with your use of the DiscoverSD Service, such activity is
solely between you and the applicable third party. DiscoverSD shall have no liability,
obligation or responsibility for any such activity. You hereby release DiscoverSD
from all claims arising from such activity.
- Copyright Dispute Policy.
DiscoverSD has adopted the following general policy toward copyright infringement
in accordance with the Digital Millennium Copyright Act or DMCA (posted at
http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of
DiscoverSD's Designated Agent to Receive Notification of Claimed Infringement ("Designated
Agent") is provided at the bottom of this section.
- DiscoverSD Policy.
It is DiscoverSD's policy to (i) block access to or remove material that it believes
in good faith to be copyrighted material that has been illegally copied and distributed
by any of our advertisers, affiliates, Content providers, members or users; and
(ii) remove and discontinue service to known repeat offenders.
- Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the DiscoverSD
Site or Service infringes a copyright, please send a notice of copyright infringement
containing the following information to the Designated Agent listed below ("Proper
Bona Fide Infringement Notification"):
- A physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information
regarding the location of the infringing materials that the copyright owner seeks
to have removed, with sufficient detail so that DiscoverSD is capable of finding
and verifying its existence;
- Contact information about the notifier including address, telephone number and,
if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized
by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate
and the notifying party is authorized to make the complaint on behalf of the copyright
- Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent,
it is DiscoverSD's policy:
- to remove or disable access to the infringing material;
- to notify the Content provider, member or user that it has removed or disabled access
to the material; and
- that repeat offenders will have the infringing material removed from the system
and that DiscoverSD will terminate such Content provider's, member's or user's access
to the service.
If a counter-notice is received by the Designated Agent, DiscoverSD may send a copy
of the counter-notice to the original complaining party informing that person that
it may replace the removed material or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against the Content provider,
member or user, the removed material may be replaced or access to it restored in
10 to 14 business days or more after receipt of the counter-notice, at DiscoverSD's
discretion. Please send Notification of Claimed Infringement to DiscoverSD's Designated
Agent at the following address:
Copyright Agent, DiscoverSD.com, LLC
7514 Girard Ave.
La Jolla, California 92037
Email to: firstname.lastname@example.org
Use of the DiscoverSD Site and/or the DiscoverSD Service is also governed by our
of which is currently located at http://www.discoversd.com/privacy-policy.html
Life of Terms
These Terms of Service will remain in full force and effect while you use the DiscoverSD
Site and/or DiscoverSD Services. Either Party may terminate these Terms of Service
for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive
any termination or expiration of these Terms of Service.
Except for the Content submitted by members or users, the DiscoverSD Service and
all aspects thereof, including all copyrights, trademarks, and other intellectual
property or proprietary rights therein, is owned by DiscoverSD or its licensors.
You acknowledge that the DiscoverSD Service and any underlying technology or software
used in connection with the DiscoverSD Service contain DiscoverSD's proprietary
information. You may not modify, reproduce, distribute, create derivative works
of, publicly display or in any way exploit, any of the content, software, and/or
materials available on the DiscoverSD Site, or DiscoverSD Services in whole or in
part except as expressly provided in DiscoverSD's policies and procedures made available
via the DiscoverSD Service. Except as expressly and unambiguously provided herein,
DiscoverSD and its suppliers do not grant you any express or implied rights, and
all rights in the DiscoverSD Service not expressly granted by DiscoverSD to you
are retained by DiscoverSD.
THE DISCOVERSD SITE IS PROVIDED BY DISCOVERSD ON AN "AS IS" BASIS. DISCOVERSD AND
ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE DISCOVERSD SITE, DISCOVERSD
SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THE DISCOVERSD SITE OR IN ASSOCIATION WITH THE DISCOVERSD SERVICES. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCOVERSD AND ITS LICENSORS AND AFFILIATES
DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. DISCOVERSD AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED WITHIN THE DISCOVERSD SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. DISCOVERSD IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE DISCOVERSD
SITE. DiscoverSD does not warrant or covenant that the DiscoverSD Service will be
available at any time or from any particular location, will be secure or error-free,
that defects will be corrected, or that the DISCOVERSD Service is free of viruses
or other potentially harmful components. Any material or Content downloaded or otherwise
obtained through the use of the DiscoverSD Service is accessed at your own discretion
and risk and you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM DISCOVERSD, THE
DISCOVERSD SITE OR THROUGH OR FROM THE DISCOVERSD SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
DiscoverSD shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond DiscoverSD's reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING,
DISCOVERSD AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY
OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION
OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISCOVERSD'S
MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF
THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT
PAID, IF ANY, BY YOU TO DISCOVERSD FOR THE DISCOVERSD SERVICES IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $110 . IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold DiscoverSD, its parents, subsidiaries, affiliates,
officers and employees, harmless, including costs and attorneys' fees, from any
claim or demand made by any third party due to or arising out of (i) your access
to the DiscoverSD Site, (ii) your use of the DiscoverSD Services, (iii) the violation
of these Terms of Service by you, or (iv) the infringement by you, or any third
party using your account or User ID or password, of any intellectual property or
other right of any person or entity.
If there is any dispute about or involving the DiscoverSD Site and/or the DiscoverSD
Service, by using the DiscoverSD Site, you agree that the dispute will be governed
by the laws of the State of California without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal courts
of the State of California, City of San Diego. No agency, partnership, joint venture,
or employment is created as a result of these Terms of Service and you do not have
any authority of any kind to bind DiscoverSD in any respect whatsoever. DiscoverSD
may provide you with notices, including those regarding changes to the Terms of
Service by email, regular mail or postings on the DiscoverSD Site. These Terms of
Service, accepted upon use of the DiscoverSD Site and/or the DiscoverSD Service,
and all terms, guidelines and rules referenced herein contain the entire agreement
between you and DiscoverSD regarding the use of the DiscoverSD Site and/or the DiscoverSD
Service. The failure of DiscoverSD to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder. If any provision of
these Terms of Service is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that these Terms of
Service shall otherwise remain in full force and effect and enforceable. These Terms
of Service are not assignable, transferable or sub-licensable by you except with
DiscoverSD's prior written consent. The section titles in these Terms of Service
are for convenience only and have no legal or contractual effect. These Terms of
Service include DiscoverSD's acceptable use policy for Content posted on the DiscoverSD
and any notices regarding the DiscoverSD Site.
Contract and Violations
Please contact us with any questions regarding
these Terms of Service. Please report any violations of the Terms of Service to
DiscoverSD and DiscoverSD.com is a proprietary service mark of DiscoverSD.com, LLC
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