Terms

TERMS & CONDITIONS

The OBX Escape website is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the OBX Escape website constitutes your acceptance of and agreement to be bound by the terms and conditions contained herein. These terms and conditions may be changed from time to time and your use of the site following any such changes shall confirm your agreement to be bound by the terms as modified.

MODIFICATION OF THESE TERMS OF USE

OBX Escape reserves the right to change the terms and conditions under which the OBX Escape website is offered.

LINKS TO THIRD PARTY SITES

The OBX Escape website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OBX Escape and OBX Escape is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. OBX Escape is not responsible for webcasting or any other form of transmission received from any Linked Site. OBX Escape is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OBX Escape of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the OBX Escape website, you warrant to OBX Escape that you will not use the OBX Escape website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OBX Escape website in any manner which could damage, disable, overburden, or impair the OBX Escape website or interfere with any other party’s use or enjoyment of the website. You may not obtain or attempt to obtain any materials not intentionally made available or provided on the website.

USE OF COMMUNICATION SERVICES

The OBX Escape website may contain forums, comment areas, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users of the OBX Escape website (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. OBX Escape has no obligation to monitor the Communication Services. However, OBX Escape reserves the right to review materials prior to their posting, or after, to a Communication Service and to remove any materials in its sole discretion. OBX Escape reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

OBX Escape reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OBX Escape’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children to or through a Communication Service. OBX Escape does not control or endorse the content, messages or information found in any Communication Service and, therefore, OBX Escape specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OBX Escape spokespersons, and their views do not necessarily reflect those of OBX Escape.

MATERIALS PROVIDED TO OBX ESCAPE

Any materials you provide to OBX Escape (including feedback and suggestions) or post, upload, input or submit to the OBX Escape website (collectively “Submissions”) shall be and remain the property of OBX Escape and its affiliates. OBX Escape is under no obligation to pay for or respond to Submissions provided by users.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

REVISIONS

OBX Escape or its service provider may from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.

LIABILITY DISCLAIMER

THE CONTENTS OF THE OBX ESCAPE WEBSITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE OBX ESCAPE’S WEBSITE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY. NEITHER OBX ESCAPE NOR ITS AFFILIATES SHALL BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE OBX ESCAPE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OBX ESCAPE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OBX ESCAPE WEBSITE.

SERVICE CONTACT

info@OBXEscape.com

TERMINATION/ACCESS RESTRICTION

OBX Escape reserves the right, in its sole discretion, to terminate your access to the OBX Escape website and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement shall be construed in accordance with the laws of the state of North Carolina without regard to any conflict of law provision. Any dispute arising under this agreement or relating to the use of the OBX Escape website shall be subject to the exclusive jurisdiction of any state or federal court located in Dare County, North Carolina. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and OBX Escape with respect to the OBX Escape website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OBX Escape with respect to the OBX Escape website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTENT

All of the content on OBX Escape’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned or controlled by OBX Escape and/or Mostly Good Media, LLC and/or its contributors. You may not copy, reproduce, publish transmit, or otherwise use any copyrighted or trademarked materials present on this website without the express, written consent of OBX Escape and/or Mostly Good Media, LLC. OBX Escape and/or Mostly Good Media, LLC shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site. All trademarks are the property of their respective owners, used herein with permission.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

OBX Escape respects the intellectual property rights of others, and asks you to do the same. OBX Escape has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Digital Millennium Copyright Act.

If you believe that your work has been posted on our website in a way that infringes your copyright or other intellectual property rights, please contact us at info@OBXEscape.org and provide the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located;

(3) your address, telephone number, and email address;

(4) 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; and

(5) 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.

Please keep in mind that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.