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Copyright, Liability Waiver & Conditons of Use
Welcome to Puerto Vallarta Whale Watching Forum™, a division of Graphix Communications. Graphix Communications provides its services to you subject to the following conditions. If you visit Puerto Vallarta Whale Watching Forum™ and Graphix Communications, you accept these conditions. Please read them carefully. In addition, when you use any current or future Graphix Communications service you also will be subject to the guidelines and conditions applicable to such service or business.
Electronic Communications
When you visit Graphix Communications or send e-mails to us, you are communicating with us electronically. You further consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Graphix Communications or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Graphix Communications and protected by U.S. and international copyright laws. All software used on this site is the property of Graphix Communications or its software suppliers and protected by United States and international copyright laws.
Trademarks
Graphix Communications and Puerto Vallarta Whale Watching Forum™ are registered trademarks, and the Graphix Communications and Puerto Vallarta Whale Watching Forum™ logo and other marks indicated on our site are trademarks of Graphix Communications or its affiliates, in the United States and other countries.
Other Graphix Communications and Puerto Vallarta Whale Watching Forum™ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Graphix Communications or its subsidiaries. Graphix Communication's trademarks and trade dress may not be used in connection with any product or service that is not Graphix Communication's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Graphix Communications
All other trademarks not owned by Graphix Communications or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Graphix Communications or its affiliates.
License and Site Access
Graphix Communications grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Graphix Communications. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Graphix Communications. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Graphix Communications reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Your License to Graphix Communications
If you do post content or submit material, and unless we indicate otherwise, you grant Graphix Communications and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Graphix Communications and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site's policies and will not cause injury to any person or entity; and that you will indemnify Graphix Communications or its affiliates for all claims resulting from content you supply.
Graphix Communications has the right but not the obligation to monitor and edit or remove any activity or content. Graphix Communications takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer of Warranties and Limitation of Liability & Waiver of Liability
THIS SITE IS PROVIDED BY GRAPHIX COMMUNICATIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRAPHIX COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GRAPHIX COMMUNICATIONS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
GRAPHIX COMMUNICATIONS DOES NOT PROVIDE WHALE WATCHING TOUR SERVICES AND DOES NOT CONDUCT WHALE WATCHING TOURS. VISITORS AND TOUR PARTICIPANTS, REGARDLESS OF THE TOUR COMPANY USED, HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS GRAPHIX COMMUNICATIONS AND THE PUERTO VALLARTA WHALE WATCHING FORUM FROM ANY AND ALL CLAIMS, ACTIONS AND JUDGMENTS, INCLUDING ALL COSTS OF DEFENSE AND ATTORNEY’S FEES INCURRED IN DEFENDING AGAINST SAME. VISITORS AND TOUR PARTICIPANTS AGREE THAT THEY ARE FULLY AWARE OF THE RISKS INVOLVED AND HAZARDS CONNECTED WITH WHALE WATCHING ACTIVITIES, INCLUDING BUT NOT LIMITED TO RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH AND THEY VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR THE SAME. FURTHER, VISITORS AND PARTICIPANTS HEREBY AGREE TO ELECT TO VOLUNTARILY PARTICIPATE IN WHALE WATCHING ACTIVITIES WITH THE FULL KNOWLEDGE THAT SAID ACTIVITY MAY BE HAZARDOUS TO THEM AND THEIR PROPERTY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAPHIX COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAPHIX COMMUNICATIONS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GRAPHIX COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAPHIX COMMUNICATIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Graphix Communications, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Graphix Communications or its affiliates.
Disputes
Any dispute relating in any way to your visit to Graphix Communications shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Graphix Communication's intellectual property rights, Graphix Communications 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.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your visit to Graphix Communications We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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