TERMS AND CONDITIONS OF USE
To register with and use the Services, you must be 18 years or older and/or be of legal age in your jurisdiction of residence, or be between the age of 16 and 17 and obtain the express permission of your parent or legal guardian. If you are under the age of 16, you alone are not permitted to use any of the Services or submit any personally identifiable information to 24 Hour Live Shrimp Kiosk.
2. USE OF THE SERVICES
3.1 ACCOUNT REGISTRATION
3.2 OWNERSHIP OF CONTENT
Unless otherwise indicated, the content of the Services, including, but not limited to, all information, the design, text, images, graphics, audio clips, video clips, metadata, data, selection and arrangement of elements, organization, and the design, compilation, and other matters related to the Services (collectively, "Content") and the source and object code, format, algorithm, and structure of the Application are protected under applicable intellectual property and other laws, including, without limitation, those of the United States and Canada. All Content and intellectual property rights herein are the property of 24 Hour Live Shrimp Kiosk or used with the permission of the rights owner and are protected pursuant to applicable intellectual property laws. The posting of any Content on the Services does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from the Application or the Site in any form or by any means is strictly prohibited without the express prior written consent of 24 Hour Live Shrimp Kiosk. Requests for permission to reproduce or distribute materials found on the Application or the Site can be made by contacting 24 Hour Live Shrimp Kiosk in writing at PO BOX 1455, Gulf Shores, AL 36547 or by email at email@example.com or firstname.lastname@example.org. The Content may only be used for personal, non-commercial purposes.
3.3 24 Hour live shrimp MARKS
The 24 Hour Live Shrimp Kiosk logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing in the Application or the Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of 24 Hour Live Shrimp Kiosk (the "Marks"). You are not authorized to display or use the Marks in any manner without the express prior written consent of 24 Hour Live Shrimp Kiosk. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site or in the Application are the property of their respective owners.
3.4 LICENSE GRANT
3.5 USAGE RESTRICTIONS
You shall not:
Reproduce, download, archive, redistribute, broadcast, sell, resell, license, modify, create derivative works of, exploit, or make any commercial use of any of the Services or Content, except if you have executed a written agreement with an authorized representative of 24 Hour Live Shrimp Kiosk allowing you to do so
Remove or alter any copyright, trademark, or other intellectual property notices contained in the Content or Services
Remove, make alterations to or otherwise damage equipment including but not limited to nets, tanks, gates, fences, air hoses, air stones, freezers, pitchers, vending equipment, cameras, mounts, electrical equipment, or property
Remove more product than paid for, leave without payment in full, or refuse to submit to product audits
Violate kiosk best practices for use
Use insulting or abusive language, profanity, or mistreat members of the kiosk staff, management team, or ownership
Allow children under 16 to access the live bait, dead bait, tanks, nets, pitchers, freezers, air hoses, air stones, vending machines, plants, fences, buttons, switches, covers, latches, or other equipment
Reverse engineer, disassemble, de-compile, or otherwise attempt to gain access to the source code of the Application or any portion of the Site or facility;
Remove, disable, circumvent, or disrupt any copy protection, rights management, or security features of the Services, or scan, probe, or test the vulnerability of any 24 Hour Live Shrimp Kiosk system or network or the systems and networks connected to the Services;
Use any software robots, spiders, web crawler, bots, or other similar means whether automated or manual to access, acquire, index, or aggregate information from the Services;
Upload to the Services any virus, malware, Trojan horse, or any other malicious software;
Attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise create an undue burden on the server on which the facility or Site is hosted or any server, computer, or database connected to the Services;
Share your account, password, or other login information with another person or use another person’s account, password or other login information to access the Services;
Bypass any geographic restrictions that may be placed on the Services, including any IP address-based restrictions;
Use the Services or download the Application from any country that is subject to a U.S. government embargo, or that the U.S. Government has designated a terrorist supporting country;
Violate any applicable law, statute, ordinance, or regulation governing your use of the Services.
Rights you grant us. Except for (i) personally identifiable information such as names, addresses, and financial information and (ii) information you submit in relation to an membership application, pursuit of employment or licensee or franchise application, by submitting unsolicited information and content through the Services, you grant 24 Hour Live Shrimp Kiosk and each of its respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, fully-paid and royalty free license (with the right to sub license) to store, use, copy, reproduce, modify, publicly perform, display, distribute, adapt, and create derivative works of, and to promote, market, and exploit such submission. By sending any unsolicited submission to us, you waive the right to make any claim against 24 Hour Live Shrimp Kiosk, its parents or affiliates related to use of the submission, including any claim of “moral rights” or attribution. User submission restrictions. By uploading or submitting any content you represent and warrant that you own or have the necessary rights or licenses to submit such content. You also represent and warrant that any uploaded material does not:
infringe any copyright or other intellectual property or other rights of any other person or entity;
contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
give the impression that the content emanates from or is endorsed by 24 Hour Live Shrimp Kiosk or any other person or entity, if this is not the case.
Our right to take corrective action. We, in our sole discretion, reserve the right to monitor, remove, or edit any user content for any or no reason at any time. We may disclose your identity or other information about you to any third party who claims that user content submitted by you violates their legal rights, including intellectual property or privacy rights. We may take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Services.
We have the right to initiate and/or cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or any other information of anyone posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS 24 HOUR LIVE SHRIMP KIOSK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 24 HOUR LIVE SHRIMP KIOSK IN RESPONSE TO AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR AS A CONSEQUENCE OF 24 HOUR LIVE SHRIMP KIOSK ACTIVITIES INTENDED TO COMPLY WITH LAW OR REGULATIONS.
3.7 THIRD PARTY CONTENT
3.8 ADDITIONAL TERMS, CONDITIONS, AND AGREEMENTS
3.9 24 HOUR LIVE SHRIMP KIOSK APP STORE TERMS
3.10 MOBILE NETWORKS; TEXTS
If you access the Services through a mobile network you automatically agree to receive text messages. Text messages are subject to your mobile network provider’s regulations and charges for messaging, data, and other rates and fees may also apply. We shall have no responsibility or liability for any data fees you incur through your use of the Services. Some features of the Services may be restricted by or may be incompatible with your mobile network or device. If you accept membership to the 24 Hour Live Shrimp Kiosk, you consent to receive texts and emails. You understand that your consent to join the program is a condition of any purchase from us and that you may not opt-out of the program at any time and continue a Membership Subscription.
3.11 ADVERTISING AND LINKS
24 hour live shrimp SUBSCRIPTION, BILLING, AUTOMATIC RENEWALS, AND CANCELLATION
We reserve the right to modify the content, features, pricing, and availability of the Membership or Subscription at any time for any reason.
4.1 BILLING AND FEES
Payment authorization. If you make an 24 Hour Live Shrimp Kiosk Subscription via credit card, you authorize 72 Hour Live Shrimp Kiosk to charge your credit card or other payment method for the Membership or Subscription at the rate applicable at the time of your initial agreement to subscribe (unless changed by us as described below), plus any applicable local, state, or federal taxes. You may be responsible for other charges imposed by your credit card provider or financial service provider in connection with your subscription.
Payment failures; chargebacks. If charges for which you are responsible for fail at the time payment is due, the 24 Hour Live Shrimp Kiosk may continue to attempt to charge your payment method until such time as your payment method can successfully be charged and you will remain responsible for the payment of any such charges. You may be responsible for the costs associated with our efforts to collect amounts due to the extent permitted by applicable laws. If you contact your credit card or financial services provider to request a chargeback of any subscription fees due to us, we reserve the right to automatically terminate your account. If our investigation of the chargeback determines that there was a valid basis for the fees charged to you, we reserve the right, upon written notice to you, to charge you the reasonable costs associated with responding to your chargeback.
Subscription or Membership price changes. We reserve the right to make changes to your Membership Subscription price, frequency, or date of charge. If the cost of your subscription increases, you will be provided with written notice prior to the billing period in which the change will become effective and you must opt into the price increase in order to continue to have access to your Membership Subscription following the end of your current billing period.
4.2 AUTOMATIC RENEWING SUBSCRIPTION
BY PURCHASING A MEMBERSHIP SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A PERIODIC BASIS FOR THE RENEWAL PERIOD DISCLOSED TO YOU AT THE TIME OF YOUR PURCHASE AND WILL CONTINUE TO RENEW ON THAT BASIS UNTIL YOU CANCEL IN ACCORDANCE WITH THE CANCELLATION TERMS BELOW. You authorize the 24 Hour Live Shrimp Kiosk to continue to charge your payment method for the price of your subscription, plus any applicable taxes, unless and until you cancel. To avoid the automatic renewal of your subscription, you must cancel your subscription at least seventy-two (72) hours prior to the end of your current App Store billing cycle.
You may cancel your Membership Subscription at any time by emailing either a cancellation request to email@example.com or firstname.lastname@example.org or by calling 251-979-0490. If you cancel your subscription prior to the end of your subscription period, you will no longer be entitled to continue to access your Membership Subscription through to the end of your current subscription period. Upon cancellation of your subscription period, you will immediately lose all private access to the facility and all privileges membership enables. Please see our “No Refunds” policy below in Section 4.5.
4.4 PROMOTIONS AND TRIALS
4.5 NO MEMBERSHIP REFUNDS GIVEN
While you may cancel your Membership Subscription at any time, we do not offer refunds or credits, except in our sole discretion, or as required by applicable laws. If we do issue a refund or credit, we are under no obligation to offer similar refunds or credits in the future.
5.3 EFFECT OF TERMINATION
6.1 We will not be liable to you or any third party for compensation or damages of any sort as a result of the termination of your account and the termination of your account will not preclude us from seeking any other right or remedy we may have under law or equity, now or in the future.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any material contained in the Services infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to 24 Hour Live Shrimp Kiosk by mail at PO Box 1455, Gulf Shores, AL 36547. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site or the Application; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify us of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
A. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THE APPLICATION, THE 24 HOUR LIVE SHRIMP KIOSK MEMBERSHIP SUBSCRIPTION, THE SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, THE APPLICATION, THE SITE, THEIR CONTENTS, AND ANY SITE WITH WHICH THE SITE MAY BE LINKED. WE DO NOT WARRANT THAT THE APPLICATION, THE SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE APPLICATION OR THE SUBSCRIPTION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY SOFTWARE, APPLICATIONS, HARDWARE, OR WHETHER INFORMATION ACCESSIBLE VIA THE APPLICATION, THE SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT WE WILL CONTINUE TO SUPPORT ANY FEATURE OF THE SERVICES. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
B. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY CONTENT PROVIDED ON THE APPLICATION OR THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE GREATER OF: (I) THE AMOUNT PAID, IF ANY, BY YOU FOR YOUR USE OF THE SERVICES IN THE LAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (II) TEN ($25) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY 24 HOUR LIVE SHRIMP KIOSK’: GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.
7.1 NOTICE ABOUT FITNESS CONTENT
7.2 HEALTH WARNING
There are physical requirements necessary to obtain bait for our Membership Subscription Services. We strongly recommend that you consult with your physician before using our facility. It is your responsibility to evaluate your own medical and physical condition to determine whether to participate in getting your own bait. Always check your surroundings before utilizing. If you experience faintness, dizziness, pain or shortness of breath at any time while obtaining bait you should stop immediately and call 911. You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services.
7.3 ASSUMPTION OF RISK
You understand and expressly agree that there are risks inherent in physical activity and your use of the Services may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for your use of the Services, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to your use of the Services. You further agree that 24 Hour Live Shrimp Kiosk, and its respective affiliated companies, parents, subsidiaries, and franchisees, together with officers, directors, shareholders, employees, agents, and independent contractors of all such entities (collectively, the “24 Hour Live Shrimp Kiosk”) will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to you, your spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the 24 Hour Live Shrimp Kiosk or anyone acting on their behalf, whether related to use or not.
9.1 CONTACTING 24 Hour live shrimp
If you have a question, comment, issue, or wish to resolve a complaint regarding your use of the Services, you can contact us via the following methods:
Questions, comments, or issues with the Application or your Membership Subscription should be addressed by email at email@example.com or firstname.lastname@example.org; or by phone a 251-979-0490.
10.1 NOTICE FOR CALIFORNIA RESIDENTS
If you are a resident of California and have a complaint regarding your use of the Services, you may contact the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
11.1 GENERAL PROVISIONS
11.2 GOVERNING LAW, VENUE
Except as explicitly stated otherwise, any notices shall be given by postal mail to 24 Hour Live Shrimp Kiosk PO BOX 1455 Gulf Shores, AL 36547 (in the case of notice to 24 Hour Live Shrimp Kiosk) or to the email address you provide to 24 Hour Live Shrimp Kiosk (in the case of notice to you). Notice delivered to 24 Hour Live Shrimp Kiosk via postal mail shall be deemed given upon our receipt of such notice and notice sent via email shall be deemed given 72 hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to 24 Hour Live Shrimp Kiosk. In such case, notice shall be deemed given 3 days after the date of mailing.
13.1 MANDATORY ARBITRATION AND CLASS ACTION WAIVER
Class Action Waiver. To the fullest extent permitted by law, you and 24 Hour Live Shrimp Kiosk acknowledge and agree that we each are waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This means that neither you or 24 Hour Live Shrimp Kiosk may join claims in arbitration with or against other users, or litigate in court or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding. However, if this class action waiver is held unenforceable as to all or some parts of a dispute, to the extent that any claims must proceed on a class, consolidated, or representative basis, such claims must be litigated in the courts of the State of Alabama or, if appropriate, the United States District Court for the State of Alabama and not in arbitration, with any remaining parts proceeding in individual arbitration.
Arbitration Exceptions. Nothing in this arbitration provision shall prevent you or 24 Hour Live Shrimp Kiosk from: (i) bringing an individual action if the dispute is within the jurisdiction of a small claims court, (ii) seeking to enjoin infringement or other misuse of intellectual property rights, in which case either you or we may bring suit in court to seek injunctive or other equitable relief to enjoin infringement or other misuse of intellectual property rights, (iii) seeking public injunctive relief from any court of competent jurisdiction, or (iv) pursuing an available enforcement action through any local, state, or federal governmental agency. Other than for small claims court actions, for any disputes not subject to mandatory arbitration pursuant to this arbitration provision, you agree to submit the dispute to the exclusive jurisdiction of the courts of the State of Alabama or, if appropriate, the United States District Court for the State of Alabama for resolution, and you further irrevocably waive any right you may have to trial by jury in any such, action or proceeding.
Arbitration Procedures. You and 24 Hour Live Shrimp Kiosk agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent via certified mail or by any nationally recognized delivery service (e.g UPS, Federal Express, etc.), or by hand delivery to 24 Hour Live Shrimp Kiosk Planet written notice will be sent to you via the contact information we have in our records for you. You and 24 Hour Live Shrimp Kiosk agree to use good-faith efforts to attempt to resolve the dispute within thirty (30) days from the date the notice of the dispute is sent. If you and 24 Hour Live Shrimp Kiosk do not reach agreement on resolving the dispute within those thirty (30) days, the party seeking arbitration may commence arbitration in accordance with the AAA Rules.
Disputes over $500 will be decided through an in-person or telephonic hearing. Any in-person arbitration hearings will take place in the county (or other municipality) where you live, unless you and we both agree to a different location.