
The Golden Gate Bridge.
Saints Peter and Paul
Church.
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Rules of Use
The
audio content and associated materials available on this website
are only for your own personal,
non-commercial use.
• You
may burn a purchased audio tour to CD up to 4 times provided that you agree not to copy,
distribute or transfer the guide
to any other device from the CDs.
• You may transfer up to 4 times a purchased audio tour
to a portable device (MP3 player, iPod, or any like device). Once
transferred
to a portable device, you agree not to copy, distribute or
transfer it from that device to any other media.
• You may not send Barbary Coast Trail audio guide content
to others via the internet, or allow others access or use of the
content.
The content, including the audio portion and the trail map,
is copywrited material and protected by intellectual property
laws.
You understand that your use of the Barbary Coast Trail audio
guide is subject to the usage rules listed below. You may not
authorize,
encourage or allow any Barbary Coast Trail audio guide content
or other materials downloaded by you to be reproduced, modified,
performed, transferred, distributed or otherwise used by anyone
else. You agree to notify Quicksilver Press promptly if to
your knowledge any such unauthorized use(s) occurs.
Your use of any downloaded guides will be limited by the
rules assigned to the guides by Quicksilver Press and described
in
this section. You may not attempt (or support others’ attempts)
to circumvent, reverse engineer, decrypt or otherwise alter
or interfere with any Rules of Use or Material downloaded
from the
Barbary Coast Trail web site. Quicksilver Press reserves
the right to modify the Rules of Use at any time.
Agreement to Terms of Use
These Terms and Conditions of Use apply
to the Barbary Coast Trail guides and maps located at http://www.barbarycoasttrail.org.
This web site and its contents are the property of Quicksilver
Press. IF YOU VISIT OR SHOP AT BARBARYCOASTTRAIL.ORG, YOU ACCEPT
THESE CONDITIONS AND AGREE TO THESE TERMS OF USE; IF YOU DO
NOT AGREE, DO NOT USE THIS SITE. In addition, when you use any
current
or future Quicksilver Press product or visit or purchase from
any business affiliated with Quicksilver Press, whether or
not included
in the Barbary Coast Trail Web site, you also will be subject
to the guidelines and conditions applicable to such service
or business.
Copyright
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations,
and software, is the property of Quicksilver Press and protected
by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Quicksilver
Press and protected by U.S. and international copyright laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted
or distributed in any way (including mirroring to any other
computer, server, Web site or other medium for publication
or distribution
or for any commercial enterprise, without Quicksilver Press
express prior written consent.
Purchased Quicksilver Press Guides
A Barbary Coast Trail audio guide is a guide that you may (1)
save to your hard drive, (2) unzip and burn to a CD and/or
transfer
to a compatible portable device for a limited number of times.
Any security technology that is provided with a purchased guide
is an inseparable part of it. It is your own responsibility
not to lose damage or destroy purchased guides.
Availability of Downloads
Quicksilver Press will make every effort
to make its Barbary Coast Trail guides available for download.
On occasion, technical
and
other problems may delay or prevent delivery of your product.
Your exclusive and sole remedy in respect of product that is
not available
for download within the agreed timescale (normally within 3
days of purchase) will be to contact customer service via email
at info@barbarycoasttrail.org.
Use of Barbary Coast Trail Audio Guide Content
You may burn a purchased guide to CD up to 4 times provided
that you agree not to copy, distribute or transfer the guide
to any
other device. Burning or transferring the guides shall not
waive any rights of the copyright owners in respect of the
files or media
burned or transferred.
You may transfer a purchased guide up to 4 times to a portable
device. Once transferred to a portable device, you agree not
to copy, distribute or transfer it from that device to any
other media.
Burning or transferring the guides shall not waive any rights
of the copyright owners in respect of the files or media burned
or
transferred.
You may not send Barbary Coast Trail audio guide content to
others via the internet, or allow others to use the content.
Technical Requirements
The Barbary Coast Trail audio guide requires the use of hardware
and software tools to enable the guides to be played. This
hardware and software is your sole responsibility. Once a product
has been
downloaded and you receive it, Quicksilver Press shall be without
liability to you in the event of its loss damage or destruction.
Safety
The Barbary Coast Trail and our audio guides direct you to
well-populated areas. It is your responsibility to maintain
awareness of your
surroundings while using the Barbary Coast Trail audio guide.
Quicksilver Press is not responsible for any accidents, theft
of property,
or other criminal acts that may happen to persons while using
a Barbary Coast Trail audio guide. You are responsible for
your own
safety so be careful at all times while using our guides.
Access to the Barbary Coast Trail Website
You may not attempt to gain unauthorized access to any portion
or feature of our website, or any other systems or networks
connected to our site or to any Barbary Coast Trail server,
or to any of
the services offered on or through our site, by hacking, password
mining, or any other illegitimate means.
Interference with the Barbary Coast Trail Site
You may not probe, scan or test the vulnerability of the Barbary
Coast Trail site, nor breach the security or authentication
measures on the Site. You may not reverse look-up, trace or
seek to trace
any information on any other user of or visitor to the Site,
or any other customer of Quicksilver Press to its source, or
exploit
the Site or any service or information made available or offered
by or through the Site, in any way where the purpose is to
reveal any information, including but not limited to personal
identification
or information.
You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site
or any transaction being conducted on the Site, or with any
other
person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal
you
send to Quicksilver Press/Barbary Coast Trail audio tours on
or through the Site or any service offered on or through the
Site.
You may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure
of the Site.
You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit
the
performance of any illegal activity or other activity that
infringes the rights of Quicksilver Press or others.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the
laws
of the United States and by the laws of the State of California
without regard to its conflicts of laws provisions.
Privacy
Our Privacy Policy applies to use of this Site, and its terms
are made a part of these Terms of Use by this reference. To
view our
Privacy Policy click here.
Additionally, by using the Site, you acknowledge and agree
that Internet transmissions are never completely private or secure.
You understand that any message or information you send to
the
Site may be read or intercepted by others, even if there is
a special notice that a particular transmission (for example,
credit
card
information) is encrypted.
Disclaimer of Warranties; Limitation of Liability
QUICKSILVER PRESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT
THAT YOUR USE OF OUR BARBARY COAST TRAIL WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME QUICKSILVER
PRESS MAY REMOVE OUR BARBARY COAST TRAIL WEB SITE FOR INDEFINITE
PERIODS OF TIME, OR CANCEL THE BARBARY COAST TRAIL WEB SITE
AT
ANY TIME, WITHOUT NOTICE TO YOU. QUICKSILVER PRESS DOES NOT
REPRESENT OR GUARANTEE THAT OUR BARBARY COAST TRAIL WEB SITE
WILL BE FREE
FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING,
OR OTHER SECURITY INTRUSION, AND QUICKSILVER PRESS DISCLAIMS
ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE,
OUR BARBARY COAST TRAIL WEB SITE IS AT YOUR SOLE RISK. THE
BARBARY
COAST TRAIL WEB SITE AND ALL PRODUCTS SERVICES DELIVERED
TO YOU THROUGH OUR BARBARY COAST TRAIL WEB SITE ARE PROVIDED “AS
IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF THAT
ARE EXPRESSLY
DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE
LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY
NOT APPLY
TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION
IS AT YOUR SOLE RISK, AND QUICKSILVER PRESS HEREBY DISCLAIMS
ANY AND
ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO
SUCH INFORMATION IN ANY WAY.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE,
EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY
WITH THE
PRODUCTS DOWNLOADED FROM OUR BARBARY COAST TRAIL WEB SITE.
Disputes
Any dispute relating in any way to your visit to barbarycoasttrail.org
or to products you purchase through Quicksilver Press shall
be submitted to confidential arbitration in San Francisco,
CA, except
that, to the extent you have in any manner violated or threatened
to violate Quicksilver Press’s intellectual property rights,
Quicksilver Press may seek injunctive or other appropriate
relief in any
state or federal court in the state of California, and you
consent to
exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then
prevailing
of the American Arbitration Association. The arbitrator’s
award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent
permitted
by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject
to this
Agreement, whether through class arbitration proceedings or otherwise.
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