Beachside Colonics - Terms And Conditions

Last updated: Tuesday, February 1, 2023

To ensure the smooth operation of Beachside Colonics and to ensure that your rights and the rights of Beachside Colonics are protected, we have created a series of legal agreements including these Terms of Service (the “TOS”).

The content on this Site is provided by Beachside Colonics and its licensors and content providers. The "Site" refers collectively to https://www.Beachside Colonics.org and all other Web properties owned or operated by Beachside Colonics now and in the future (or anything that replaces, supplements, or supersedes the Site as the website of Beachside Colonics).

TERMS OF SERVICE

The basic agreement is the TOS which you are now reading. The TOS set out the legal terms by which Beachside Colonics makes its web site and services available. When you visit the Site or use any Beachside Colonics service (defined below) you agree to comply with the TOS, as revies and updated.

PRIVACY POLICY

You also agree to our Privacy Policy, which covers how we collect, share, use and store your personal information. The Privacy Policy can be found here.

Beachside Colonics FEATURE CONTENT

We recognize that some Contributors are willing to offer Beachside Colonics a greater bundle of rights to submitted Code or Documents in return for the possibility of greater visibility or exposure.

For those Contributors, Beachside Colonics has developed a "Feature Content" program whereby Contributors may receive greater visibility through greater exploitation of sub-sets of material delivered to targeted users and user groups as compilations or lists. If you consent to such use of your Code or Docuement, it may be added to a compilation or compilations in Beachside Colonics's discretion from time to time and you may receive priority listings of your submissions along with other participants in this project. If you wish to participate in "Feature Content" Beachside Colonics (and such a program is currently available) then you will be prompted to read and agree to a separate agreement and signify your acceptance.

In summary, Beachside Colonics has four agreements that may affect you:

Terms of Service Agreement – this document Contributors Agreement End User License Agreement Privacy Policy Please review them carefully.

1. YOUR ACCEPTANCE OF THE TERMS OF SERVICE

Beachside Colonics provides its Service to you, subject to the following TOS, which may be updated by us from time to time without providing advance notice to you. You can review the most current version of the TOS at any time at: https://www.Beachside Colonics.org//TermsAndConditions.aspx. In addition, when using particular Beachside Colonics services, you may be subject to guidelines, rules or additional terms (which may be posted from time to time) applicable to such services which, unless otherwise stated, incorporate the TOS and are incorporated by reference into the TOS. Beachside Colonics may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICES

What is Beachside Colonics?

Through its network of web properties, Beachside Colonics provides you with the ability to access and submit content to to a variety of resources:

  • "Code" (tools and components, source code snippets, etc.);
  • Documents (articles and other informational material);
  • Online communities, such as bulletin boards, mail lists, chat rooms/events or other communication forums where you can find Code and Documents;
  • News and information (more Documents);
  • Specific product information (still more Documents);
  • Projects installed in applications; and
  • A variety of other services

These are collectively referred to as the "Services"). All Services offered by Beachside Colonics, including any updates, enhancements, new features, and/or the addition of any new web properties or services, are subject to the TOS.

Although we may offer certain limited paid services (such as the Premium Account feature for Projects), our Site is a 'free' site for the software development community to share material and experiences. In order to enable Beachside Colonics to host and operate the Site, and keep its use free to you, we need to impose legal terms on you that establish our basic rights and responsibilities between us, and restrict your ability to take actions against us that could increase our costs of operating the site, or impose onerous obligations on us.

3. USE OF SERVICES

We need you to comply with our TOS in order to establish practical and effective rules for the orderly functioning of the Site.

Your use of the Services is subject to your continued compliance with any applicable laws, these TOS and any other agreements, guidelines or rules that Beachside Colonics may post with respect to its Services. We can terminate your access to the Site without warning if you fail to do so.

4. GENERAL RULE

To protect our Contributors, our general rule is that unless expressly stated otherwise, all rights in any Code or Documents posted on Beachside Colonics are reserved by the Contributor, rights holder and/or Beachside Colonics, and that our Services are solely for your personal and non-commercial use. Except as expressly authorized by Beachside Colonics and/or its Contributors, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, assign, create derivative works from, transfer, lease, rent or sell any Code or Documents obtained from our Site.

5. REGISTRATION WITH US

Some of our Services may require you to register with Beachside Colonics. For example, you may not post any Code or Documents or create, modify or administer any Project or view a private Project if you have not registered with us. If all you want to do is read a Document or view a public Project, you do not need to register with us. If you want to obtain Code, there are formalities associated with ensuring you agree to the appropriate EULA. If you do register with us, we require that you keep close control over your Beachside Colonics ID and any passwords, as we state in more detail below.

If you want to use any of our Services that require you to register with Beachside Colonics, you agree to complete our registration process and to provide us with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. Registration information becomes the non-exclusive property of Beachside Colonics and may be used by Beachside Colonics for market research, marketing, improvements to our Services, and for such purposes as may be set out in our privacy statement.

Upon registering, Beachside Colonics will provide you with a password and a Site ID. You are responsible for maintaining the confidentiality of your password and Site ID. You are responsible for any activities that occur under your password or Site ID. You agree to notify Beachside Colonics immediately of any unauthorized use of your password or Site ID or any other breach of security. You agree to log out of this Site after every session so as to protect your password and Site ID from breaches of security and to enhance the access to Beachside Colonics for those still accessing this Site. Beachside Colonics will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or Site ID, either with or without your knowledge. However, you could be held liable for losses incurred by Beachside Colonics or another party due to someone else using your Site ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else's password or Site ID at any time, without the permission of the bona fide holder.

Beachside Colonics uses credit card numbers submitted to us for payment purposes only, and not for marketing purposes. Your credit card information may be saved for future purchases, as long as you log in. We utilize industry standard secure encryption technology to reasonably assure the privacy and security of the credit card numbers of anyone who places online orders with us.

6. PRIVACY POLICY

Our Privacy Policy tells you how we collect, share, use and store your personal information. In using the Services, you agree to comply with this Privacy Policy, which is incorporated into the TOS by reference. Please click on the link to read these Privacy Policy.

7. MINORS

You must be 13 years or older to use the Site or any Service and must be 18 years or older to register with Beachside Colonics. For those located within the European Union, you must be at least 16 years old to access or use the Site or any Service.

In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for:

  • the online conduct of such minor;
  • controlling the minor's access to and use of the Site or Services; and
  • the consequences of any misuse by the minor.
You acknowledge and understand that some Site areas may contain material that is inappropriate for minors.

8. NOTICE SPECIFIC TO POSTED CODE

Basic Licensing provisions

We remind you that use of any Code, including any software incorporated in the Code, is subject to the applicable EULA. Not all Code is governed by the same EULA, please review the applicable EULA before using any software downloaded. Any use of Code in contravention of these TOS or the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Beachside Colonics DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE PERFORMANCE, ACCURACY OR OUTCOME THAT DERIVES FROM THE USE OF ANY CODE THAT MAY BE POSTED ON THE SITE, OR DAMAGE, DISRUPTION OR HARM CAUSED TO ANY COMPUTER OR COMPUTER SYSTEM CAUSED BY ANY CODE THAT MAY BE POSTED ON THE SITE.

PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING CODE MADE AVAILABLE TO YOU. ALL RIGHTS NOT EXPRESSLY GRANTED, ARE RESERVED.

RESTRICTED RIGHTS LEGEND. Any Code or software of Beachside Colonics which is contributed to the Site and which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Beachside Colonics, 6802 Amici Court, Port Orange, Fl. 32128 United States of America

9. NOTICE SPECIFIC TO POSTED DOCUMENTS

Your rights to use Documents

Beachside Colonics and its Contributors grant limited permission to use Documents. All rights not expressly granted, are reserved. The following are conditions apply to the use of Documents:

Copyright Notices. You agree not to remove any copyright notices and you must include such notices in any use you make of any document.

Use. You may only use Documents for your own private non-commercial (for example, you can use an article or tutorial to learn how to construct an application or to extend an application, and then construct and distribute that application). You may not resell, republish, or contribute/post the Document to any other website or other publishing forum or media unless you are the copyright holder of the Document.

Schools. Documents may be used by accredited educational institutions such as K-12, universities, private/public colleges, and provincial/state community colleges, for teaching, instructional or research purposes, subject to any applicable copyright laws governing the use of such materials. Distribution outside the classroom requires express written permission of the Document author(s) and Beachside Colonics.

Limitation on Re-Use of Material. You may NOT redistribute, sell, or repost for download any Documents found on the Site in its original form or as a compilation on any medium (CD-ROM, website, etc) without the express written permission of the author(s) and Beachside Colonics. Combining another author's work on the Site with your own work and posting this with Beachside Colonics is acceptable as long as credit is given within the article text and all copyright notices in the original work remains intact. All uses specifically allowed must include a prominent link to the original article and reference Beachside Colonics and its URL (https://www.Beachside Colonics.org).

10. USE OF THE SITE

Permission to use Code or Documents does not include rights to copy or use the design or layout of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Beachside Colonics.

11. COMMUNITY STANDARDS

Be respectful of each other, and please recognize that we are not responsible for the acts of the community

All Code, Documents and Projects are the sole responsibility of the Contributors providing or posting such material . We do not guarantee a person's identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in using any Services.

Nothing submitted to Beachside Colonics or Posted on the Site shall be deemed to be confidential. Do not reveal any personal information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the personal information of third parties without their express written consent.

Beachside Colonics does not control or endorse the content, messages or information found in any Services, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. Beachside Colonics will not be responsible for any reliance or decisions made based on such content, messages or information. Site managers, administrators and hosts may not be authorized spokespersons of Beachside Colonics, and their views do not necessarily reflect those of Beachside Colonics.

12. YOUR USE OF THE SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Services only to post, send and receive messages and material that are appropriate and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:

  • Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Upload, post, email, otherwise transmit, or post links to Beachside Colonics with respect to any raffle, contest or game requiring a fee by participants.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, discriminatory, obscene, indecent or unlawful content, or any content that constitutes a hate crime.
  • Upload, post, email, otherwise transmit, or post links that exploit the images of minors under the age of 18, or that disclose personally identifying information belonging to minors under 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
  • "Stalk" or otherwise harass another person.
  • Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;
  • Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file that contains text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, or violates any other applicable law.
  • Modify, publish, transmit, settle, transfer, sell, lease, rent, license, sublicense, assign, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit Beachside Colonics database other than for the limited purposes for which material is licensed for your use.
  • Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of Beachside Colonics. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express written consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Code and Documents, and to attract a wide base of users.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, attempt to obtain the source code from, create derivative works from, or sublicense any software deployed in connection with Beachside Colonics's delivery and operations. Your access to Beachside Colonics is solely limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.
  • Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
  • Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another's computer, computer system or property of another or are intended to disrupt, destroy or limit the functionality of Beachside Colonics.
  • Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of Beachside Colonics, or from the Site itself (for example, site or page scraping is prohibited).
  • Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site's operation.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Service specifically allows such messages.
  • Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Modify, falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect or store information about others, including e-mail addresses.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Impersonate any person, including an employee, contractor, forum leader, guide or host of Beachside Colonics, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through Beachside Colonics.
  • Create multiple accounts with the purpose of altering polls or affecting voting.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the Beachside Colonics community or violates the spirit of the TOS.
  • Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download any materials.

To enable Beachside Colonics to act without repercussion to protect against people we believe are abusing or violating the TOS or the spirit of Beachside Colonics or the Site, Beachside Colonics reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

A condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions, any specific requirements, procedures, policies or regulations of Beachside Colonics, or any other agreement between you and Beachside Colonics. You may not use the Services in any manner that could damage, disable, overburden, or impair any server of Beachside Colonics's site, or the network(s) connected to server running Beachside Colonics, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server of Beachside Colonics or to any of the Services, through hacking, password mining or any other means. You may not access Beachside Colonics after your account or access has been terminated by Beachside Colonics. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

13. COMMENTS POSTED TO THE SITE

Beachside Colonics has no obligation to monitor its Services. or to review or moderate any messages, comments or material submitted or posted to the Site ("Comments"). However, Beachside Colonics reserves the right and sole discretion to review, delete or modify Comments, to publish, remove or block access to any Comments that is available through Beachside Colonics, for any reason whatsoever, at any time and from time to time.

In addition to the foregoing restrictions on the use of the Services, those reading and posting Comments on any Site agree that any Comments posted on the Site are provided solely by the posting individual, and Beachside Colonics is in no way responsible for the content of any Comments or for the use or non-use of Comments by any reader.

Beachside Colonics reserves the right (but is not obligated) to do any or all of the following:

Record or monitor any Comments submitted through the Services.

Investigate an allegation that any Comments do not comply with the TOS and determine in its sole discretion to remove or request the removal of the Comments.

Delete, move or edit Comments that Beachside Colonics determines in its sole discretion violates the TOS or the spirit of Beachside Colonics, including Comments that are abusive, defamatory, obscene, violate intellectual property rights, or are illegal, disruptive, or otherwise unacceptable for any reason.

Terminate a user's access to any or all of the Services or the Site.

Beachside Colonics reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public and to maintain the integrity of the Beachside Colonics community.

Contributors acknowledge that they may receive positive or negative Comments on the submitted material, and that there is a chance those Comments may harm the Contributor's professional reputation and that such Comments may not be removed by Beachside Colonics if Beachside Colonics determines in its sole discretion that they do not constitute a violation of the TOS.

14. LIMITATION OF LIABILITY AND INDEMNIFICATION

These provisions allow us to keep our costs down and still allow relatively free and open disclosure from our contributors

DISCLAIMER: Beachside Colonics AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY CODE, DOCUMENT, PROJECT OR SERVICE ON THE SITE. ALL CODE, DOCUMENTS, PROJECTS AND SERVICES ARE PROVIDED "AS IS", AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. Beachside Colonics AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY ALL WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, Beachside Colonics DISCLAIMS ANY WARRANTY THAT YOUR USE OF ANY CODE, DOCUMENT, PROJECT OR SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT SUCH USE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS-FREE OR SECURE.

LIMITATION OF LIABILITY: IN NO EVENT SHALL Beachside Colonics AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOVER UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, NON-USE OR PERFORMANCE OF ANY CODE, DOCUMENT, PROJECT, MATERIAL OR SERVICE.

INDEMNIFICATION: You shall defend, indemnify and hold harmless Beachside Colonics, its affiliates, subsidiaries, directors, officers, employees, contractors, agents, and assigns from and against any claims, damages, liabilities, actins, judgments, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or in connection with:

  • (i) your use, misuse, reliance upon, or inability to use any Code, Document, Project, Comment or Service;
  • (ii) Beachside Colonics's, use, misuse, or non-use of any Code, Document, Project or Comment that you have submitted;
  • (iii) any bugs, viruses or other malicious code, errors in, interruption, suspension, or termination of any Services caused by any Code, Document, Project or Comment that you have submitted; and
  • (iv) your breach of this Agreement and/or any other applicable rule, guideline or term governing your use of the Site or Services.

15. PAYMENT AND FEES

If you have signed up for a Service that requires payment (a “Pay Service”), such as the Premium Account for creating private projects, you have the option of paying by credit card or through PayPal on a monthly basis as long as your subscription to the Pay Service remains active. Beachside Colonics reserves the right to modify the pricing for any Pay Service without providing advance notice to you or requiring your consent. You may terminate your subscription to a Pay Service by providing written notice to Beachside Colonics thirty (30) days in advance of termination. Any fees paid for Pay Services are non-refundable and there are no refunds or credits for partial months of service. All fees are exclusive of taxes, levies or duties imposed. Additional terms and conditions governing the payment of fees for any Pay Service shall be provided in the invoice provided by Beachside Colonics to you when you subscribe for the Pay Service.

16. LIMITATION OF ACTION

In the event that any action or other proceeding is sought to be brought against Beachside Colonics for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against Beachside Colonics and any persons who in law or at equity could claim contribution or indemnity against Beachside Colonics.

17. ADVERTISEMENTS AND LINKS TO OTHER SITES

If another site causes you damages, look to that other site for relief

Beachside Colonics does not endorse the owners of, or the content, products or services on any third-party web sites. Linked sites are not under the control of Beachside Colonics and Beachside Colonics is not responsible for the contents of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, or any changes or updates to such sites. Beachside Colonics is not responsible for any form of transmission received from any linked site, and Beachside Colonics does not make any representations regarding their content, accuracy or non-infringement. Beachside Colonics does not endorse any product or service advertised on this Site. Your use of third-party web sites is at your own risk and subject to the terms of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of Beachside Colonics.

18. DISCLOSURE

We will disclose what the law says we are required to disclose. Nothing more.

Beachside Colonics reserves the right at all times to disclose any information as Beachside Colonics deems necessary to satisfy any applicable law, regulation, legal process, court order or governmental request.

19. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS – DMCA NOTICE

Infringement claims procedures

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Beachside Colonics not to permit materials known by Beachside Colonics to be infringing to remain on the Site. You should notify Beachside Colonics promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to the Site, infringe a third party copyright. Upon Beachside Colonics receiving a proper notice of claimed infringement under the Digital Millennium Copyright Act and applicable laws of other jurisdictions (collectively the "DMCA"), Beachside Colonics will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA with respect to the rights of the notifying party and the alleged infringer who provided the content at issue.

Please contact the Beachside Colonics representative listed at the bottom of this section for copyright infringement notices only. If you have a question about your account on Beachside Colonics, a general question, or any other Customer Service inquiry, please send us an email, or call us at +1 (805) 558-8575, Monday through Friday from 9 AM to 6 PM, Eastern Time.

To provide notice of claimed copyright infringement only:

Beachside Colonics
6802 Amici Court
Port Orange, Florida 32128
United States of America
Attn: Dan Zumwalt

20. ASSIGNMENT

Beachside Colonics, its successors and assigns, shall have the unrestricted right to assign or transfer this Agreement, all other agreements between the parties, and all Beachside Colonics's benefits in their absolute discretion and from time to time You may not assign this Agreement or any rights or obligation hereunder without prior written consent from Beachside Colonics.

21. GOVERNING LAW

This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the state of Florida and the laws of the United States of America applicable therein, without regard to the conflicts of law provisions therein. You agree that any dispute or claim arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the provincial and federal courts located in Florida, United States of America to the exclusion of the courts in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and applicable local laws incorporating or embodying its terms or intent does not apply to this Agreement or any other agreements between the parties.

22. RELATIONSHIP OF PARTIES

You and Beachside Colonics are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and Beachside Colonics or give you any rights or authority to bind Beachside Colonics to any contractual or other obligations.

23. SUBMISSION OF IDEAS AND SUGGESTIONS

Beachside Colonics does not accept or consider unsolicited ideas, including new ideas and suggestions as to improvements to the Site, marketing, advertising, promotions, new product and service offerings, product and service names and marks ("Submissions"). Please do not send any original creative artwork, samples, demos, or other works for any such purposes. We wish to avoid confusion or misunderstanding or dispute when Beachside Colonics's products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Submission made to Beachside Colonics will not be treated as proprietary information of you, and will be received by Beachside Colonics without any obligations of confidence whatsoever. You grant Beachside Colonics, its affiliated companies and necessary sub-licensees permission to use and a grant of a worldwide, irrevocable, fully assignable and transferable right and license in perpetuity at no cost to use and apply your Submission for any purpose(s) Beachside Colonics considers fit in its sole discretion. Beachside Colonics is under no obligation to use your Submission or pay you anything for your Submission. You confirm 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, or for Beachside Colonics to use your Submission.

If you identify problems with the usability, operability, or interoperability of Beachside Colonics or any Services, you may deliver or suggest amendments or "bug fixes" for Beachside Colonics's consideration. Beachside Colonics shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by Beachside Colonics into products and Services provided by Beachside Colonics for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or "bug fixes", whether accepted or not, shall transfer to Beachside Colonics at no cost for Beachside Colonics to use in perpetuity without any restrictions.

If you wish to present a business proposition between yourself and Beachside Colonics on a confidential basis, you should first enter into negotiations with Beachside Colonics to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.

24. GENERAL

If any provision of the TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect. The failure of Beachside Colonics to enforce any part of the TOS shall not constitute a waiver of its right to later enforce that part or any part of this Agreement. In the event that the TOS is translated into other languages and there is a discrepancy between any two language versions, the English version shall control to the extent that such discrepancy is the result of an error in translation. The headings used in the TOS are for convenience only and are not to be considered in construing or interpreting this Agreement. Your obligations to Beachside Colonics contained in the TOS and in all applicable agreements between yourself and Beachside Colonics shall survive termination.

25. COPYRIGHT NOTICE

Copyright © Beachside Colonics, 2022 , 6802 Amici Court, Port Orange, Florida 32128 United States of America

Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners.

26. TRADEMARK NOTICE

Beachside Colonics™ is a trademarks or service mark of Beachside Colonics and Midnight To Four Entertainment. All other trademarks published on the Site are trademarks of the respective owners.

By using any of the material on Beachside Colonics, or accessing the Site, you acknowledge and understand that you have read and agreed to these Terms of Service, which will be strictly enforced.