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    Privacy | Terms

    © 2024 Solana Beach Labs. All rights reserved.

    Privacy Policy

    Solana Beach Labs, LLC, and it's family of products, ("Solana Beach Labs") recognizes that its customers, visitors, users, and others who use https://solanabeachlabs.com or other web sites and applications owned or operated by Solana Beach Labs (the "Solana Beach Labs Sites") (collectively or individually "Users") value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on the Solana Beach Labs Sites. Solana Beach Labs provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Solana Beach Labs Sites.

    This Privacy Policy is incorporated into and is subject to the Solana Beach Labs Terms of Service. Your use of the Solana Beach Labs Sites and any personal information you provide on the Solana Beach Labs Sites remains subject to the terms of this Privacy Policy and our Terms of Service.

    Please note that any content posted at the direction of Users onto the Solana Beach Labs Sites becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

    The Information Solana Beach Labs Collects:

    User Provided Information: You provide certain personally identifiable information (such as your name, username, and email address) to Solana Beach Labs when choosing to participate in various activities on the Solana Beach Labs Sites such as building your public profile page, uploading photos, posting comments, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

    Cookies Information: When you visit the Solana Beach Labs Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Solana Beach Labs uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Solana Beach Labs Sites may not function properly if the ability to accept cookies is disabled.

    We may allow advertisers, third party advertising networks and third-party advertising serving and other companies to serve or enable other sites to serve advertisements directly to you, and/or enable other services through the use of Solana Beach Labs Sites, Services, and Software. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons. If you would like to contact the advertisers, third party advertising networks and third-party advertising serving companies or other companies with which we have relationships to learn more about their privacy policies and what options (if any) they offer to opt out of their data collection, please visit their web site(s). Some of these companies are participants in the Network Advertising Initiative ("NAI"), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards. Learn more about NAI and how you may opt-out of targeted advertising delivered by NAI member ad networks.

    If you prefer not to receive interest based content and advertisements, or do not wish to enable other services which make use of Solana Beach Labs data, you can always opt-out by clicking here. After you opt-out, you Solana Beach Labs will not enable or serve interest-based content and targeted advertisements or enable the other services. Please note that opting-out does not turn off other advertisements. Also, if you change your computer, change your internet browser (e.g. from Chrome to Firefox), or delete all your cookies, you will need to renew your preferences.

    The foregoing opt-out does not cover the collection of Log Data (though no ads are sent to you in connection with such services).

    Log File Information: When you use the Solana Beach Labs Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

    Clear GIFs Information: When you use the Solana Beach Labs Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

    The Way Solana Beach Labs Uses Information

    If you submit personally identifiable information to us through the Solana Beach Labs Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Solana Beach Labs Sites.

    Any personal information or content that you voluntarily disclose online (in your public profile page, photos, comments, etc.) becomes publicly available and can be collected and used by others. Your username and/or name (not your email address) is displayed to other Users when you create a public profile page, upload photos or send messages through the Solana Beach Labs Sites and other Users can contact you through messages and comments. Any content that you submit to the Solana Beach Labs Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.

    We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Solana Beach Labs Site changes or for customer service purposes).

    We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Solana Beach Labs Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

    We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Solana Beach Labs Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

    When Solana Beach Labs Discloses Information

    We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

    We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

    We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Solana Beach Labs Sites.

    We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.

    Solana Beach Labs also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Solana Beach Labs believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Solana Beach Labs, our Users or others.

    Your Choices

    You may, of course, decline to submit personally identifiable information through the Solana Beach Labs Sites, in which case Solana Beach Labs may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Solana Beach Labs Sites cannot be removed and remain subject to our Terms of Service.

    To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

    Please contact Solana Beach Labs with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

    Third-party Advertisers, Links to Other Sites

    Solana Beach Labs allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Solana Beach Labs Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Solana Beach Labs Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

    Solana Beach Labs does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Solana Beach Labs to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Solana Beach Labs Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

    You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Solana Beach Labs's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

    Our Commitment To Data Security

    Solana Beach Labs uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Solana Beach Labs and you do so at your own risk. Once we receive your transmission of information, Solana Beach Labs makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

    If Solana Beach Labs learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Solana Beach Labs may post a notice on the Solana Beach Labs Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us.

    Our Commitment To Children's Privacy

    Protecting the privacy of young children is especially important. For that reason, Solana Beach Labs does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Solana Beach Labs Sites from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Solana Beach Labs Sites at any time or in any manner. If Solana Beach Labs learns that personally identifiable information of persons less than 13 years of age has been collected on the Solana Beach Labs Sites without verified parental consent, then Solana Beach Labs will take the appropriate steps to delete this information.

    Special Note to International Users

    The Solana Beach Labs Sites are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Solana Beach Labs Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Solana Beach Labs Sites, which are governed by U.S. law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.

    In the Event of Merger, Sale, or Bankruptcy

    In the event that Solana Beach Labs is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

    Changes and updates to this Privacy Policy

    This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Solana Beach Labs Sites constitutes your agreement to this Privacy Policy and any future revisions.

    For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

    Date Last Modified:

    This Privacy Policy was last modified September 2021.

    Contact Information:

    Please contact Solana Beach Labs with any questions or comments about this Privacy Policy.

    Terms of Service

    1. Acceptance of Terms

    Welcome to Solana Beach Labs, LLC ("Solana Beach Labs"), a California Limited Liability Company. Solana Beach Labs provides its service to you subject to the following Terms of Service ("Terms" or "Agreement"), which may be updated by us from time to time without notice to you. By accessing or using our service at https://solanabeachlabs.com you (the "User") signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered User of Solana Beach Labs. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check Solana Beach Labs to determine if there have been changes to these Terms and to review such changes. In addition, when using particular Solana Beach Labs owned or operated services, you and Solana Beach Labs shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules hereby incorporated by reference into the Terms. Solana Beach Labs may also offer other services that are governed by different Terms.

    2. Description of Service

    Solana Beach Labs provides Users with access to a rich collection of health and wellness software products, resources, and services, including various media sharing and communication tools, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Solana Beach Labs to provide the Service.

    You also understand and agree that the Service may include certain communications from Solana Beach Labs, such as service announcements, changes to the Privacy Policy, administrative messages and a newsletter, and that these communications are considered part of the Solana Beach Labs Service.

    Unless explicitly stated otherwise, any new features those augment or enhance the current Service, including the release of new Solana Beach Labs properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that Solana Beach Labs assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

    3. Your Registration Obligations

    In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Solana Beach Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Solana Beach Labs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Solana Beach Labs is concerned about the safety and privacy of all its Users, particularly children. For this reason, children under the age of 13 are not permitted to using the service.

    4. Solana Beach Labs Privacy Policy

    Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Solana Beach Labs and its affiliates.

    5. User Account, Password and Security

    You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Solana Beach Labs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Solana Beach Labs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Solana Beach Labs, LLC. maintains the rights to change or remove Solana Beach Labs URLs at any time.

    6. User Conduct

    You understand that all data, text, photographs, graphics, messages, comments, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Solana Beach Labs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Solana Beach Labs does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Solana Beach Labs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:

    a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    b. Harm minors in any way;

    c. Impersonate any person or entity, including, but not limited to, a Solana Beach Labs official, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

    h. Upload, post, email, transmit or otherwise make available any material that contains software viruses 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;

    i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

    j. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    l. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    m. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

    n. "Stalk" or otherwise harass another and/or collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

    You acknowledge that Solana Beach Labs may or may not pre-screen Content, but that Solana Beach Labs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Solana Beach Labs and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Solana Beach Labs or submitted to Solana Beach Labs by its Users, including without limitation Content published in all other parts of the Service.

    You acknowledge, consent and agree that Solana Beach Labs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Solana Beach Labs, its Users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    You understand that if you use a Solana Beach Labs Content on an external web site, then the Content must link back to its detail page on the respective Solana Beach Labs property.

    You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Solana Beach Labs and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

    7. Termination

    You agree that Solana Beach Labs may, under certain circumstances and without prior notice, immediately terminate your Solana Beach Labs account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:

    a. Breaches or violations of the Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a request by you (self-initiated account deletions); discontinuance or material modification to the Service (or any part thereof); unexpected technical or security issues or problems; extended periods of inactivity; engagement by you in fraudulent or illegal activities, and/or non-payment of any fees owed by you in connection with the Services. Publishing, posting, displaying or making available any sexual, pornographic or erotic material or upload, email, post, publish, distribute, transmit, submit or otherwise make available through Solana Beach Labs, that is of, or is suggestive of, a sexual, pornographic or erotic nature ("Adult Content"). Examples of content that Solana Beach Labs, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If Solana Beach Labs finds Content that it determines, in its sole discretion, contains Adult Content, Solana Beach Labs may, without notice, remove or block access to such Content. Solana Beach Labs reserves the right to suspend or cancel at any time and without notice your account if in violation of this subsection. Solana Beach Labs will take all appropriate steps with Content that believes violates applicable laws, including cooperation with any law enforcement investigation. If you see content that you believe is Adult Content or is in violation of law or this subsection, you should contact Solana Beach Labs and report it immediately.

    Termination of your Solana Beach Labs account includes:

    b. Removal of access to all offerings within the Service deletion of your account and all related information, files and content associated with or inside your account (or any part thereof) barring of further use of the Service.

    c. Further, you agree that all terminations for cause shall be made in Solana Beach Labs' sole discretion and that Solana Beach Labs shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

    8. Interstate Nature of Communications on Solana Beach Labs Network

    When you register with Solana Beach Labs, you acknowledge that in using Solana Beach Labs services to send electronic communications, you will be causing communications to be sent through Solana Beach Labs' computer networks, which are located in Arizona and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Solana Beach Labs' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.

    9. Indemnity

    You agree to indemnify and hold Solana Beach Labs and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

    10. No Resale of Service

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

    11. General Practices Regarding Use and Storage

    You acknowledge that Solana Beach Labs may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of photos that may be uploaded from an account on the Service, the maximum size of photos that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Solana Beach Labs' cloud computers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Solana Beach Labs has no responsibility or liability for the deletion or failure to store any photos and other communications or other Content maintained or transmitted by the Service. You acknowledge that Solana Beach Labs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Solana Beach Labs reserves the right to modify these general practices and limits from time to time.

    12. Modifications to Service

    Solana Beach Labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Solana Beach Labs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    13. Solana Beach Labs' Intellectual Property Rights

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Solana Beach Labs or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Solana Beach Labs grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Solana Beach Labs for use in accessing the Service.

    14. Notice

    Solana Beach Labs may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on the Service.

    15. Special Admonitions for International Use

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    Content Submitted or Made Available for Inclusion on the Service

    Solana Beach Labs does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Solana Beach Labs the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    With respect to Content you submit or make available for inclusion on publicly accessible areas of Solana Beach Labs, the license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, whether on the Service, or through other media. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Solana Beach Labs removes such Content from the Service; provided, however, that if Solana Beach Labs distributes or authorizes distribution of any Content prior to your removal thereof from the Service, Solana Beach Labs' (and it's sublicenses') rights with respect to such Content shall be in perpetuity.

    With respect to Content other than photos you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Solana Beach Labs network of properties that are intended by Solana Beach Labs to be available to the general public. By way of example, publicly accessible areas of the Service would include Solana Beach Labs Content that is viewable to both Users and visitors.

    16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLANA BEACH LABS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOLANA BEACH LABS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 YOU FROM SOLANA BEACH LABS THROUGH CONTENT PUBLISHED ON THIS WEB SITE, OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

    A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

    17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLANA BEACH LABS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOLANA BEACH LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

    18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

    19. Trademark Information

    The SOLANA BEACH LABS, Solana Beach Labs logo, SOLANA BEACH LABS trademarks and service marks and other Solana Beach Labs logos and product and service names are trademarks of Solana Beach Labs, LLC. (the "Solana Beach Labs Marks"). Without prior permission from Solana Beach Labs, you agree not to display or use in any manner the Solana Beach Labs Marks.

    20. Copyright or Intellectual Property Infringement

    Solana Beach Labs respects the intellectual property of others, and we ask our Users to do the same. Users will not use Solana Beach Labs for any purpose or in any manner that infringes the copyrights of any third party, nor will Users upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Solana Beach Labs any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (the text of which may be found on the U.S. Copyright Office website), it is Solana Beach Labs' policy to respond to notices of any actual or alleged infringement that are reported to Solana Beach Labs' "Designated Copyright Agent" and that comply with the DMCA. It is Solana Beach Labs' policy to terminate the accounts of Users of repeat infringers or of Users repeatedly charged with infringement, in appropriate circumstances. Solana Beach Labs may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Solana Beach Labs' Copyright Agent the following information:

    a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    b. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

    c. Solana Beach Labs' Agent for Notice of Claims of copyright or other intellectual property infringement can be reached by email at: [email protected]

    Please note that Solana Beach Labs may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effect for publication.

    21. General Information

    Entire Agreement. The Terms of Service constitutes the entire agreement between you and Solana Beach Labs and governs your use of the Service, superseding any prior agreements between you and Solana Beach Labs with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Solana Beach Labs services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The Terms of Service and the relationship between you and Solana Beach Labs shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Solana Beach Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

    Waiver and Severability of Terms. The failure of Solana Beach Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your Solana Beach Labs account is non-transferable and any rights to your Solana Beach Labs account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

    22. Violations and Abuse

    Please report any violations or abuse of the Terms by sending an e-mail to [email protected].