Welcome to Digital Beach Interactive & our Digital Beach Site Builder platform. We (DBSiteBuilder.com) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, or any associated content/postings (together, "DBI"), you agree to these Terms of Use ("TOU") (last updated SEP 12, 2020). You acknowledge and agree DBI is a private site owned and operated by Digital Beach Interactive. If you are accessing or using DBI on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use DBI. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use DBI. Our privacy policy (https://DBSiteBuilder.com/privacy-policy/) and all other policies, site rules, and agreements referenced below or on DBI, are fully incorporated into this TOU, and you agree to them as well.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use DBI and be bound by the TOU, or (2) use DBI on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use DBI in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from DBI, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or operate with DBI, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect DBI content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of DBI's policies or rules referenced above ("Prohibited Content"). You agree not to abuse DBI's flagging or reporting processes. You agree not to collect DBI user information or interfere with DBI. You agree we may moderate DBI access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting DBI users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of DBI without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of DBI - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of DBI - the price per post applicable to that section of DBI; (F) sending an unauthorized/unsolicited email to an email address obtained from DBI - $25 per violation; (G) using DBI user information to make/send an unauthorized/unsolicited text message, call, or communication to a DBI user - $500 per text/call/communication; (H) creating a misleading or unlawful DBI account or buying/selling a DBI account - $4 per violation; (I) abusing or attempting to abuse DBI's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting DBI content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of DBI in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to equitable relief, in addition to monetary damages.

FEES. You authorize us to charge your account for DBI fees in paid areas (https://DBSiteBuilder.com/pricing/). Any tax is additional. Fees are non-refundable, even for website deployments we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any website deployment.

DISCLAIMER & LIABILITY. To the full extent permitted by law, Digital Beach Interactive, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("DBI Entities") (1) make no promises, warranties, or representations as to DBI, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide DBI on an "AS IS" and "AS AVAILABLE" basis and any risk of using DBI is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with DBI. DBI Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to DBI, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to DBI ("claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any claims will be exclusively resolved by courts in Santa Barbara, CA (except we may seek preliminary or relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Santa Barbara, CA; (2) indemnify and hold DBI Entities harmless from any claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of DBI; and (3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS. Digital Beach Interactive, "DBI" and the palm tree symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

MISC. Users complying with prior written licenses may access DBI thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights. Questions? Email support@DigitalBeachInteractive.com.