Terms of Use

Last updated on: October 20, 2023

Please read these Terms of Use carefully, in addition to our Privacy Policy, before using this website.

Render Studios, LLC is the owner of this website (sevenmileguide.com) and subdomains, and will be referred to as “Company”, “we”, “us”, or “our” in this Policy.

“You” or “your” or “user” refers to someone who views, accesses, or in any way uses this website, content, products and/ or services.

These Terms of Use (“Terms”, “Terms of Use” or “Terms and Conditions”) apply to your access to and use of this website and its subdomains, including all information, content, products, services, features, tools, and applications (collectively referred to as “Services” or “Service”) available or offered by us or our subsidiaries and affiliated companies.

Together with any specific policies for different products and services we may offer and our Privacy Policy, these Terms govern the use of our Services.

ACCEPTANCE OF TERMS

By accessing and/ or using the Services, you agree to be bound by these Terms.

If you disagree with any part of the Terms, then you do not have permission to access and/ or use the Services.

If you do not understand and/ or agree to these Terms, you should immediately exit the Services and stop making use of the Services.

ELIGIBILITY

You represent and warrant that you are at least 18 years of age, and that you are fully able and competent to enter into these Terms to access and/ or use the Services.

Our Services are not intended for children under 13 years old. If you are under 13 years of age, you may not use the Services under any circumstances or for any reason.

We may, at our sole discretion, refuse to offer our Services to any person or entity and change eligibility criteria at any time.

You are solely responsible for ensuring that: (i) these Terms are in compliance with all laws, rules, and regulations applicable to you; and that (ii) the right to access the Services is revoked where these Terms or use of Services is prohibited, or to the extent that the offering, sale or provision of Services conflicts with any applicable law, rule, or regulation.

CONTENT

Our Content & Intellectual Property

“Content” includes, without limitation, information, data, text, photographs, videos, audio, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

The Services and its Content are the exclusive property of Render Studios, LLC and/ or any affiliates and licensors, unless otherwise noted, and is protected by copyright, trademark, and intellectual property laws. copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.

You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Services. All rights not expressly granted in these Terms or by any written license are reserved by us.

Our trademarks and logos may not be used in connection with any product or service without explicit prior written consent from us.

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.

User-Generated Content

We may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our forums or other social media pages, in response to our posts, through a sweepstakes or contest, through a survey, poll or contact form, by email or electronic newsletter, or by mail) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively referred to as “User-Generated Content” or “UGC”).

You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality.

Responsibility for UGC remains with the person who originated such Content. Except to the extent of the rights and license you grant in these Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.

Representations & Warranties Relating to User-Generated Content

By posting or submitting any material or UGC on or through the Services (for example, as comments, posts, photos, images or videos, or other contributions), you are representing that: (i) you are the owner of all such materials; and that (ii) you are at least 18 years old.

You represent that all UGC provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You acknowledge that all Content, including UGC, accessed by you using the Services is at your own risk and you will be solely responsible for any resulting damage or loss to you or any other party. We aim to provide accurate Content on or through the Services, but we do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Event Submissions

Whenever submitting or granting us permission to use any text, images, graphics or other illustrative or descriptive matter relating to and/ or for publication of any event (the “Event Material”) on our website(s), the user warrants to us that:

i.  The Event Material does not infringe any existing copyright or license of any third party;

ii.   The Event Material contains nothing defamatory, obscene or otherwise unlawful, and that it does not breach any confidence or invade the privacy of any person and is not in breach of any legislation;

iii.   The Event Material does not breach, or risk being in breach of any state law in New Jersey or other legal duty or obligation owed by the user;

iv.   The user agrees that all the warranties and indemnities given in these Terms shall survive a termination of the relationship between the user and us in accordance with the Terms.

v.   The user shall indemnify us and hold us harmless against all claims arising out of or in connection with, and, all losses, damages, interest costs or expenses incurred by them, as a result of any breach or alleged breach by the user of any of the warranties contained in these Terms.

Event Material will be considered and treated as UGC, and subject to these Terms.

Non-Confidentiality of User-Generated Content

If you provide us with any feedback, relating to the Services or our website, such as usability issues, product or service suggestions, or any other suggestion relating to the Services, you acknowledge that: (i) you own all right, title and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.

Except as otherwise described in the Privacy Policy, or any applicable Additional Terms, you agree that: (i) your UGC will be treated as non-confidential and non-proprietary by us, regardless of whether you mark them “confidential,” “proprietary,” or the like, and will not be returned; and (ii) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third party with respect to your UGC.

Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms.

You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security, and you acknowledge and agree that your UGC is submitted at your own risk.

Appropriate Content & Enforcement

We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering Content you find offensive or inappropriate.

We have no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Our Exclusive Right to Manage Our Services

We may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner.

Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms.

Such UGC submitted by you or others need not be maintained on the Services by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Services or elsewhere, except where we may remove certain content to protect minors or others in compliance with our Privacy Policy.

Availability of Content

We do not guarantee that any Content will be made available on or through the Services.

We reserve the right to, but do not have any obligation to: (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (ii) remove or block any Content from the Services.

LICENSES

We Grant You

We grant you and each user of the Services a worldwide, non-exclusive, limited, revocable, and non-transferable right and license to use our Content solely for the purposes of using the Services for personal (non-commercial) use only.

Your right to use the Services and Content is subject to your strict compliance with these Terms. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations.

These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.

Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services for personal use is strictly prohibited without prior written permission from us.

You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

You Grant Us

By submitting UGC through or in connection with the Services, you grant us, and anyone authorized by us, the non-exclusive, worldwide, perpetual, irrevocable, unlimited, unrestricted, unconditional, royalty-free, fully paid, and transferable right and license to use, record, edit, copy, modify, truncate, aggregate, reproduce, transmit, publish, translate, broadcast, distribute, disclose, sell, re-sell, sub-license (through multiple levels), make derivative works of, display, publicly perform, and otherwise fully use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, through any means or medium whatsoever, now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, including after your termination of your Account or the Services, and granting us the right to make it part of our current or future Services and its Content.

Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/ or services.

You understand that in exercising such rights metadata, notices, and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant us to your UGC, you also hereby grant us, and agree to grant us, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.

This includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Services or in our Content at any time for any reason.

Any license you grant to us does not affect your ownership or license rights in your UGC, including the right to grant additional licenses to your UGC, unless otherwise agreed in writing.

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

PERMISSION TO USE

You are required to obtain written permission to use any of our Content or property before any such use is made. Upon written permission, you agree to use only the specific Content permitted for use, and only in the ways in which we have authorized this use as communicated to you in our written permission. Where permission is granted, you are required to credit us with full attribution by name, keep all copyright, trademark and other proprietary notices, and link back to our website and/ or select page(s) where the Content appears.

For any interest in using our Content, intellectual property, or any other property that belongs to us, please email us at: admin@sevenmileguide.com.

You acknowledge and agree that any of our Content or property that you do not use in accordance to our written permission will be treated as copied, duplicated and stolen from us. You agree you will immediately stop using any of our Content or property if you are using it in a manner outside of our written permission, and that you will take whatever actions we request and in the time frame we provide in order to protect and preserve our intellectual property and ownership rights.

LINKS TO OTHER WEBSITES

Our Services may contain links to third-party websites, resources or content that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites. When you access third-party content or resources on the Internet, you do so at your own risk. Whenever we provide any outside or third-party links, it is intended only as a service for additional information or resources and for your convenience in accessing such content.

You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these entities or individuals or their websites, resources or content. We do not warrant the content, products, services, or offers of any of these entities or individuals or their websites. The inclusion of any such link does not imply our endorsement, sponsorship, approval or any association between us and these website or content operators.

You acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites, resources, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, resources, or content that you visit. Any concerns regarding any such linked content or resource should be directed to the originating content or resource provider. 

ACCOUNTS

To access certain areas or features of the Services, you may be required to create an account (“Account”), or we may create an account on your behalf to grant you such access.

When you create or complete creating an Account with us, you guarantee that you are at least 18 years of age, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account and interrupted access to and/ or use of the Services.

You are responsible for maintaining the confidentiality of your Account, including but not limited to securing any login information and restricting access to your computer and/ or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/ or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

We reserve the right to refuse service, terminate Accounts, remove or edit Account content, or cancel orders at our sole discretion.

It is our policy to have one Account for one person, and one person for one Account. You cannot hold more than one Account, and you cannot allow others to access your Account. 

We will consider the owner of the Account as the person or entity who has access to the email address of the Account created, as provided in our records.  

We will maintain and use our right, whenever needed at our sole discretion, to determine who is the owner of the Account in situations where we believe there is a special justification for such a determination.

CONDUCT

You agree not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. 

You agree not to upload, download, post, submit, take any action or otherwise distribute or facilitate distribution, or permit any third party to do the same, of any Content on or through the Services that:
i.   infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii.   you know is false, misleading, untruthful or inaccurate;
iii.   is unlawful, poses an actual risk to someone else’s safety, property or security, is abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv.   constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v.   contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi.   impersonates any person or entity, including any of our employees or representatives; or
vii.   includes anyone’s identification documents or sensitive financial information.

You agree not to: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on any part of our infrastructure, including any third-party providers we are connected to; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services; (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You will not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, including without limitation any application, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We reserve the right to access, read, preserve, and disclose any information or take any action as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

PURCHASES

If you wish to purchase a product or service offered by us (“Purchase”) through our Services, you may be asked to provide certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may use third-party products and/ or services for the purpose of facilitating payment and completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, any error in the description or price of the product or service, any error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or any unauthorized or illegal transaction is suspected.

PAYMENTS & BILLING

Third-Party Processing

We use a third-party payment processor (“Payment Processor”) to process immediate charges and financial transactions for any Purchase and/ or provide you with an invoice for submitting any payment that is due through your Account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any errors by the Payment Processor.  

When making a Purchase, you agree to pay us all charges due in accordance with applicable payment terms, and you authorize us to charge the chosen payment method you provide through the Payment Processor.

Payment Plan

If you choose to make a Purchase using a payment plan, in cases where this option is made available, you authorize us to charge your credit card or debit card automatically according to the fee schedule for that product. Please refer to specific product sections on this page and visit that product’s information page for fee schedule details where available.

In the event that the terms of the payment plan for any Purchase are not fulfilled, the payment plan will be cancelled, and product access will be revoked. In this instance, no refunds will be provided.

Payment Information

If all payment methods we have on file for you are declined for payment that is due for any reason, you must update your Account and provide us with a new valid payment method for Purchase processing as soon as possible. Failure to provide us with current, accurate, and complete payment information may result in immediate termination of your Account and/ or immediate revoked access to any product, service, and/ or content.

You agree to update all payment information as needed (for example, any changes in billing address, credit card number or expiration dates) to keep your Account current, complete, and accurate at all times.

TERMINATION

We may terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, you will and must immediately stop using the Services. 

If you wish to terminate your Account, you may simply discontinue using the Services.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, representations, warranties, disclaimers, indemnity, limitations of liability, and any obligation on your behalf to pay fees.

WARRANTIES

You agree that your use of the Services shall be at your own risk.

The services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We do not warrant that (a) the Services will be uninterrupted or error-free, or will be secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services or the server(s) that makes the Services available are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

NO CLASS ACTION

You agree not to engage in any class-action against the company and solely to claim your losses personally.

ERRORS & OMISSIONS

We are constantly updating Content and information for display, distribution, access and use of the Services. We may also experience delays in updating information on the Services or in our advertising elsewhere. The information found on any part of or in connection with the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be displayed with the wrong price, described inaccurately, or be unavailable, and we cannot guarantee the accuracy and/ or completeness of any information found on or in connection with the Services.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

INDEMNIFICATION

You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, agents, directors, affiliates, employees, licensors and suppliers harmless from and against any and all claims, losses, obligations, liabilities, costs or debt, expenses, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use and access of the Services, by you or any person using your account and password and/ or (ii) any breach of these Terms made by you.

LIMITATION OF LIABILITY

Our liability to you, and to third parties, under this agreement and for any claim based on any legal theory, tort, contract, or other theory of liability, is limited to the amount you actually paid us in the thirty days prior to any damage occurring.

In no event and under no circumstances whatsoever will we or our employees, directors, agents, licensors, shareholders, partners, affiliates, subcontracts and/ or suppliers be responsible or liable to you or any other entity even if advised of the possibility of such damages under any legal theory, whether contract, tort or otherwise for any direct, indirect, incidental, compensatory, special, consequential or punitive damages, including without limitation, any loss of income, loss of profits, data, use, goodwill, or other tangible or intangible losses that result from or relate in any manner whatsoever to (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained through the Services; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort, (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and (v) any inaccuracies, errors, omissions, defects, security breaches, or any other failure to perform made by us.

You own all content you generate through our Services, and it is at your sole responsibility. You shall ensure to disclaim any liability in connection from us, including without limitation, liability for its non-adherence to any system, lack of updates, or any other claim relating to damages.

ASSIGNMENT

We may assign these Terms, in whole or in part, in our sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any rights to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect.

AGREEMENT & GOVERNING LAW

These Terms are the entire agreement between you and us regarding the Services, and supersede and replace any prior agreements.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms shall be governed and construed in accordance with the laws of New Jersey, in the United States of America, without regard to its conflict of law provisions.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to update, modify or otherwise make changes to these Terms at any time and without limitation.

For any significant changes to these Terms, we will notify our subscribers through email prior to any new Terms taking effect. What constitutes a significant change will be determined in our sole discretion.

By continuing to access and/ or use our Services after any revision becomes effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.

CONTACT US

If you have any questions about these Terms, please contact us:

admin@sevenmileguide.com

SevenMileGuide.com - Avalon and Stone Harbor NJ Travel Guide and Planner

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