2. DESCRIPTION OF SERVICE
3. YOUR REGISTRATION OBLIGATIONS
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
By way of example, and not as a limitation, you agree not to use the Services:
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
5. COPYRIGHT COMPLAINTS
Sea Lion Caves and Passey respect the intellectual property of others. It is Sea Lion Caves and Passey's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Sea Lion Caves and Passey will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Sea Lion Caves or Passey may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Sea Lion Caves and Passey will terminate access for subscribers and account holders who are infringers.
Sea Lion Caves and Passey retain the right to refuse any content submitted or made available for inclusion or otherwise through the Services. Sea Lion Caves and Passey will refuse any content that does not comply with the Terms of Service, violates the USER CONDUCT section of the Terms of Service or does not pertain directly to the content on the Site. Sea Lion Caves and Passey retain the ability to decide what information is pertinent to the content of the Site.
9. WARRANTY DISCLAIMERS
You acknowledge that Sea Lion Caves and Passey have no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Sea Lion Caves and Passey from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Sea Lion Caves and Passey make no representations concerning any content contained in or accessed through the Site, and Sea Lion Caves and Passey will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sea Lion Caves and Passey have no control over such sites and resources, you acknowledge and agree that Sea Lion Caves and Passey are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sea Lion Caves and Passey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL Sea Lion Caves, PASSEY OR THEIR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Sea Lion Caves, and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Sea Lion Caves or Passey in the U.S. and/or other countries. Sea Lion Caves or Passey's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.