Terms and Conditions
Los Cabos Guide – LosCabosGuide.com – Terms and Conditions of Use
Tyson Promotions, Inc. (“Tyson Promotions”) provides this web site (the “site”) to you subject to these terms and conditions of use (these “site terms”). Please read these site terms carefully before using this web site. By accessing or using this web site, you explicitly agree to comply with and be bound by these site terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these site terms, do not use this web site.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Tyson Promotions or its affiliates for products, services or otherwise. Tyson Promotions reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the LosCabosGuide logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Tyson Promotions or its licensors or users and are protected by U.S. and international copyright laws. The Site and all Site Content is (C) 1996-2019 Joseph A. Tyson, Tyson Promotions, Inc. All Rights Reserved.
Pricing Terms and Conditions
Tyson Promotions is not a booking agent or a travel agency, and does not charge service fees to users of the Site. We do charge for advertising displayed on the SIte.
Tyson Promotions, Los Cabos Guide, Los Cabos Magazine logos and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Tyson Promotions, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tyson Promotions or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tyson Promotions and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tyson Promotions. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tyson Promotions.
Tyson Promotions grants you a limited, nonsublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “(c) 2010, Tyson Promotions, Inc. All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Tyson Promotions is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Tyson Promotions against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To request permission for uses of Site Content not included in the foregoing license, you may contact Tyson Promotions as follows:
Joseph A. Tyson, President
Tyson Promotions, Inc.
3639 Midway Drive, Suite B177, San Diego, CA 92110, USA
E-mail us here.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Tyson Promotions or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tyson Promotions logo or other proprietary graphic of Tyson Promotions to link to the Site without the express written permission of Tyson Promotions. Further, you may not use, frame or utilize framing techniques to enclose any Tyson Promotions trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tyson Promotions’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tyson Promotions or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Tyson Promotions or any third party without the prior written permission of Tyson Promotions or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. TTyson Promotions does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Tyson Promotions provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Tyson Promotions’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Tyson Promotions accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site (“Interactive Areas”). If Tyson Promotions provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
9. Content that, in the sole judgment of Tyson Promotions, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Tyson Promotions or its affiliates or its users to any harm or liability of any type.
Tyson Promotions takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tyson Promotions liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Tyson Promotions is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Tyson Promotions has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Tyson Promotions reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Tyson Promotions and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Tyson Promotions and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Tyson Promotions the right to pursue at law any person or entity that violates your or Tyson Promotions’s rights in the Content by a breach of these Site Terms.
Content submitted by users will be considered non-confidential and Tyson Promotions is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Tyson Promotions reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Tyson Promotions is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted to Tyson Promotions. Tyson Promotions shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Tyson Promotions or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Tyson Promotions, and its licensees, successors and assigns, from any claims that you could otherwise assert against Tyson Promotions by virtue of any such moral rights.
Advertisements and Promotions
Tyson Promotions may run listings, advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tyson Promotions, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tyson Promotions is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
TYSON PROMOTIONS reserves the right to control the content of this website and add or remove any information within any section of the site. TYSON PROMOTIONS also reserves the right to refuse to accept, for whatever reason, any advertisement or listing presented for inclusion on this site. The order of all listings and directories within this site shall be at the sole descretion of TYSON PROMOTIONS.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: President/Chief Executive Officer
Full Address of Designated Agent to Whom Notification Should be Sent: President/Chief Executive Officer, Tyson Promotions, Inc., 3639 Midway Drive, Suite B177, San Diego, CA 92110, USA
Telephone Number of Designated Agent: 858-569-0172
Facsimile Number of Designated Agent: 858-333-7000
Email Address of Designated Agent: [email protected]
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Tyson Promotions has adopted a policy of terminating, in appropriate circumstances and at Tyson Promotions’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Tyson Promotions may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Tyson Promotions, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Tyson Promotions.
Except as expressly provided to the contrary in a writing by Tyson Promotions, the site, the materials contained therein and the services provided on or in connection therewith (the “services”) are provided on an “as is” basis without warranties of any kind, either express or implied. Tyson Promotions expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the services, information, content and materials on the site. Tyson Promotions does not represent or warrant that materials in the site or the services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site, the site content or any portion thereof.
Tyson Promotions is not responsible for typographical errors or omissions relating to pricing, text or photography. While Tyson Promotions attempts to make your access to and use of the site and the services safe, Tyson Promotions cannot and does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Limitation of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Tyson Promotions, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the site, the services, the content or the materials contained in or accessible through the site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of site content, or allegations that Tyson Promotions has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the site. You use the site at your own risk.
Without limitation of the foregoing, neither Tyson Promotions nor any parties providing site content shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content or the materials contained in or accessible through the site, including without limitation any damages caused by or resulting from your reliance on any site content or other information obtained from Tyson Promotions or accessible via the site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Tyson Promotions’ records, programs or services.
In no event shall the aggregate liability of Tyson Promotions, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to Tyson Promotions for access to or use of the site.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
Limitation of Liability
Advertiser acknowledges responsibility for the content of the advertising material (ads, text, images, video, MP3s, podcasts, etc.) published in LosCabosGuide.com or other web sites owned or controlled by Publisher. Advertiser assumes all legal liabilities including but not limited to libel and copyright, and agrees to indemnify Promociones Tyson, S. A. de C. V., Tequilera Tyson, S. A. de C. V., Tyson Promotions, Inc., and / or Los Cabos Magazines, Inc., and its owners and associates from all legal claims arising out of the content of the advertisement and linked site, as well as cover legal fees arising from these legal claims.
Advertiser represents to Publisher and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content comprising any (i) Advertisement and (ii) Advertised Website are owned by the Advertiser, or that the Advertiser has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend Publisher and its subcontractors from any liability (including attorneysâ€™ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Advertiser. Advertiser further represents to Publisher that any domain names or URL listing for any Advertised Website does not infringe, dilute, or otherwise violate third-party rights or trademarks.
Indemnification: Advertiser assumes full and complete responsibility and liability for the content of all advertising copy submitted, printed, posted and published pursuant to this Agreement, and shall indemnify and hold Publisher harmless against any demands, claims, or liability thereon. Advertiser shall reimburse Publisher for any amount paid by Promociones Tyson, S. A. de C. V., Tequilera Tyson, S. A. de C. V., Tyson Promotions, Inc. and / or Los Cabos Magazines, Inc., in settlement of claims or in satisfaction of judgments obtained by reason of posting and publication of advertising copy, and for all expenses incurred in that regard, including, but not limited to, attorney’s fees and costs of litigation.
Advertiser hereby represents and warrants to Publisher that it has full power and authority to enter into this Advertising Agreement.
Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by Tyson Promotions, Inc and operated by Tyson Promotions, Inc. from its offices in and around Cabo San Lucas, BCS, Mexico and San Diego, California. While Tyson Promotions has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and Tyson Promotions both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Tyson Promotions explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of California, without regard to its conflicts of law principles. You agree that all claims you may have against Tyson Promotions, Inc. arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in San Diego, CA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than San Diego, CA., you will be responsible for compliance with all local laws of such other jurisdiction.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, Tyson Promotions reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions and Comments
If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by email at [email protected].