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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY THIS USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.

Glen M. Ouye (Seapup) maintains this Internet domain, seapup.com (the Site), for your personal entertainment, information, education, and communication. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, HTML layout, software, photographic images, graphics, textual stories, video, audio, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Seapup owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Please feel free to browse seapup.com. You may download material displayed on seapup.com for non-commercial, personal use only, provided you also retain the copyright and other proprietary notices contained on the materials. Except as otherwise expressly permitted under copyright law, you may not publish, redistribute, modify, retransmit, reuse, report, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of seapup.com, in whole or in part, for public or commercial purposes, including the text, images, audio, and video without Seapup's express written permission. In the event of any permitted copying, redistribution or publication of copyrighted material on this Site, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material on this Site.

Seapup makes no representation whatsoever regarding the content of any other Web sites which you may access from this Site. When you access a non-seapup.com Web site, please understand that it is independent from seapup.com and that neither Seapup nor seapup.com have control over the content on that Web site. A link to a non-seapup.com Web site does not mean that Seapup endorses or accepts any responsibility for the content or use of such Web site.

All seapup.com racing-related photographic images, graphics and videos are of trained, professional riders wearing proper, protective safety gear under controlled and/or closed-course conditions. Any attempt to duplicate a rider's actions depicted on seapup.com may be dangerous.

Your access to and use of seapup.com is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing seapup.com, you accept and agree to be bound by, without limitation or qualification, the above provisions concerning downloading materials and site content and the Terms and Conditions and acknowledge that any other agreements between you and Seapup are superseded and of no force or effect. You can access this Legal page by clicking on the copyright link anywhere in this Site.


Terms and Conditions:

  1. You should assume that everything you see or read on seapup.com is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on this Site without the written permission of Seapup. Seapup and seapup.com neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Seapup and/or seapup.com.

  2. While Seapup uses reasonable efforts to include accurate and up to date information on seapup.com, Seapup makes no warranties or representations as to its accuracy. Seapup assumes no and disclaims all liability or responsibility for any errors or omissions in the content of this Site.

  3. Your use of and browsing this Site are at your own risk. Neither Seapup nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, seapup.com. Without limiting the foregoing, everything on this Site is provided to you "as is" without warranty of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Seapup also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing seapup.com or your downloading of any materials, data, text, images, video or audio from this Site.

  4. Images of people or places displayed on seapup.com are either the property of, or used with permission by, Seapup. The use of these images by you or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on seapup.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

  5. You shall not upload, post or otherwise make available to Seapup or seapup.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to Seapup and/or seapup.com, you automatically grant, or warrant that the owner of such material has expressly granted Seapup the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit anyone else to access, view, store or reproduce the material for that person's personal use. You hereby grant Seapup the right to edit, copy, publish and distribute any material made available to Seapup or on seapup.com by you.

  6. Any communication or material you transmit to Seapup by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Seapup for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Seapup is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Seapup for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You agree to indemnify and hold Seapup and/or seapup.com harmless from and against any and all losses, liabilities, costs, damages and expenses including reasonable attorney's fees incurred, sustained or imposed upon Seapup and/or seapup.com as a result of any claims, suits, or demands arising out of or related to such materials transmitted, posted and/or communicated on seapup.com or to Seapup by you.

  7. The trademarks, logos and service marks (collectively the "Trademarks") displayed on seapup.com are registered and unregistered Trademarks of seapup.com and others. Nothing contained on seapup.com should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on this Site without the written permission of Seapup or such third party that may own the Trademarks displayed on seapup.com. Your misuse of the Trademarks displayed on seapup.com, or any other content on this Site, is strictly prohibited. You are also advised that Seapup and seapup.com's sponsors will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

  8. Seapup has not reviewed all the Web sites linked to seapup.com and is not responsible for the content of any other sites linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.

  9. Although Seapup may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on seapup.com, Seapup is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Seapup will fully cooperate with any law enforcement authorities or court order requesting or directing Seapup and/or seapup.com to disclose the identity of anyone posting any such information or materials.

  10. Software from seapup.com is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  11. Seapup reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of seapup.com and to inform sponsors of such information as well as the number of users that have been exposed to or clicked on their advertising banners. Seapup will provide only aggregated data from these analyses to third parties. Seapup does not permit third parties to offer unsolicited subscription and/or registration-based services through this Site. Additionally, you should be aware that when you voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on any portion seapup.com, that information, along with any substantive information disclosed in the your communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of Seapup and/or seapup.com. You also should be aware that non-personal information and data may be automatically collected through the use of "cookies." Cookies are small text files a Web site can use to recognize repeat users, facilitate the user's ongoing access to and use of a Web site and allow a Web site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning Web site. You should be aware that Seapup and seapup.com cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for seapup.com. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide the you with certain features (e.g., customized delivery of information) available on seapup.com.

  12. Seapup may at any time revise these Terms and Conditions and provisions regarding downloaded materials and Site content by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions and provisions regarding downloaded materials and Site content to which you are bound.




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This page was last updated on January 1, 2004.

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