Welcome to Carmel.com. Your use of Carmel.com is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of Carmel.com shall be deemed to indicate your acceptance of all such terms and conditions.
All contents of Carmel.com are: Copyright Boulevards New Media, 550 S. First St., San Jose, CA 95113. All rights reserved.
You acknowledge that: (i) Carmel.com contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by ICPs, other users, Carmel.com and its affiliates for use on Carmel.com or its affilate websites; (iii) At minimum, Carmel.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) Carmel.com permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.
Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. Carmel.com does not pre-screen Content as a matter of policy: however Carmel.com, its affiliate websites, and ICPs shall have the right to display, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither Carmel.com, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by Carmel.com, or its affiliates, or any ICP, with respect to Content on, or Content changes within, Carmel.com or any of its affiliate websites. You also agree and accept that as new products & services become available on or through Carmel.com Website, your use of these products & services is subject to this Agreement.
This Service (including, without limitation, text, photographs, video, audio and graphics) is protected by copyright as a collective work or compilation under US copyright laws and those of other countries, and Carmel.com (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. Each article and all content and other elements comprising this Service are also copyrighted works, and Carmel.com (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service.
By posting or submitting content on or to the Service (text, videos, photographs, audio or otherwise), you are giving Carmel.com, and its affiliates, agents and third party contractors the right to display or publish such content on the Service and its affiliated publications (either as submitted or in a derivative form or as an adapted work), to store said content, and to distribute and/or use said content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submission to Carmel.com, you understand and agree that Carmel.com may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works, either on alone or in combination with other video submissions, and you shall have no rights with respect thereto and Carmel.com or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each submission, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Carmel.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Carmel.com and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Carmel.com and this User Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Carmel.com all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Carmel.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
Carmel.com reserves the right to remove or not publish submissions without prior notice.
Please be advised this website uses services and products protected by U.S. Patents and patents pending.
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
We strongly suggest that you contact us via email (publisher at Carmel.com) before filing a DMCA infringement claim. We do have a program to ensure that any owner of content will be compensated fairly for each time their content is displayed via Carmel.com. To be clear, as long as your infringement claim complies with the terms of the DMCA we will honor it, however we would much rather pay you than remove your content.
Also, before proceeding please understand that should you knowingly materially misrepresent that a product or activity is infringing your copyrights, you may be held liable for damages. In a recent case, a company was held liable for over $100,000 for seeking removal of content that was protected by the fair use doctrine. The details can be found at http:// www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
How to File an Infringement Complaint
To file a claim of infringement please provide us with a document via regular mail, or email that includes the following items:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of all such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Please provide us with at minimum a URL to each work that is claimed to be infringing. Note: Providing us with search terms such as "Article A" or "Picture B" will not be considered reasonably sufficient for us to locate the alleged infringing work. There may be 100 versions of "Picture B", and you may only have the rights to request a takedown for one of those versions.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- Statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For any complaints that reference more than 10 allegedly infringing works, please create a spreadsheet (.xls) or CSV file (.csv) that contains items 1 and 2 from above for each allegedly infringing piece of work. You may either attach it to an email or send it on a compact disc via mail.
Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.
Boulevards New Media
DMCA Complaints – Carmel.com
550 South First Street, San Jose California 95113
Email Address: publisher (at) Carmel.com
If you are a copyright owner or agent thereof and believe that User Content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Carmel.com respects the intellectual property of others, and we ask our members to do the same. Carmel.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
You agree to use Carmel.com only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of Carmel.com or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by Boulevards to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., Event and Business Listings), or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Carmel.com.
- No purchase necessary: Contest open to residents of the United States of America who are eighteen (18) years of age or older at the time of entry. Void where prohibited. By participating, entrants agree to abide by the following rules.
- To enter: Fill out the entry form and press "Submit" or "Enter." Limit one entry per person per month.
- Drawing: Winners will be choosen at random each month. The decisions of Carmel.com are final and binding in all matters regarding this contest. Winners will be notified by e-mail. Exchanges not permitted.
- General conditions: Void where prohibited. Winners agree that Carmel.com and all of their respective divisions, subsidiaries, affiliates, parent companies, officers, directors, employees, representatives and agents will have no liability whatsoever, and will be held harmless by winner, for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize, or participation in this sweepstakes. Carmel.com reserves the right, at its sole discretion, to cancel, terminate or suspend this sweepstakes should virus, bugs, unauthorized human intervention or other causes beyond the control of Carmel.com corrupt or impair the administration, security, fairness or proper play of the contest.
- Internet: If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Carmel.com that corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, Carmel.com reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the sweepstakes. Carmel.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Carmel.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or failure of any e-mail or entry to be received by Carmel.com because of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest. Note: Any attempt by any person to deliberately damage any Web site or undermine legitimate operation of the contest is a violation of criminal and civil laws and should such an attempt be made, Carmel.com reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Shared data: Carmel.com may share data collected through Giveaways, Contents and Coupons with our divisions, subsidiaries and affiliated companies. This will only apply to users who choose to participate in such Giveaways, Contests and Coupons.
The products and services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Carmel.com disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, Carmel.com disclaims any warranties for other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as for any information or advice received through the products and services or through any links provided in the products and services. Carmel.com similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the products and services.
You expressly understand and agree that Carmel.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the products and services. Carmel.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Carmel.com disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the products and services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Carmel.com makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Carmel.com.
You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
You expressly understand and agree that under no circumstances shall Carmel.com or its licensors be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Carmel.com or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to Carmel.com . Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored through out Carmel.com .
Under no circumstances shall Carmel.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
User agrees to defend, indemnify and hold harmless Carmel.com, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of Carmel.com.
If you have any questions about this Terms of Service, the practices of our Websites or your dealings with our Websites, please contact us.