Agreement to Terms of Use
These Terms and Conditions of Use apply to the CAPETREKS web site located at http://www.capetreks.com. this web site is the property of Cape Cod Internet Radio
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.
Changes to Terms of Use Cape Cod Internet Radio reserves the right to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use for any changes.

The Service Provided

THE TOURS PROVIDED AND ASSOCIATED MATERIAL ARE ONLY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE. You agree that when you make a purchase, you will not allow others to use your assigned User Name and/or password.

Use of Downloaded Tour Commentaries, Files and Materials

The Tour Commentaries are owned by Cape Cod Internet Radio and are protected by intellectual property laws. You understand that the use of the downloaded Cape Trek is subject to the usage rules listed below. You may not authorise, encourage or allow any Tour Commentaries or other materials downloaded by you to be reproduced, modified, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Cape Cod Internet Radio promptly of any such unauthorised use(S).

Rules of UseYour use of any downloaded tours will be limited by the rules assigned to the tours by Cape Cod Internet Radio . and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with any Rules of Use or Material downloaded from theCapeTreks web site.Cape Cod Internet Radio . reserves the right to modify the Rules of Use at any time.

Purchased CapeTreks Tours

A Purchased AudioCape Trek Tour is a tour that you may (1) save to your hard drive, (2) unzip and burn to a CD and/or transfer to a compatible portable device. Any security technology that is provided with a purchased tour is an inseparable part of it. It is your own responsibility not to lose damage or destroy purchased tours.
Availability of Downloads

Cape Cod Internet Radio. will make every effort to make its advertised tours available for download. On occasions, technical and other problems may delay or prevent delivery of your product. Your exclusive and sole remedy in respect of product that is not available for download within the agreed timescale (normally within 3 days of purchase) will be to contact customer service via email at info@capetreks.com

Burning a Cape Treks Tour to CD
You may burn a purchased tour to CD up to 5 times provided that you agree not to copy, distribute or transfer the tour to any other device.
Burning or transferring the tours shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.

Transferring a Cape Treks Tour to a Portable Player
You may transfer a purchased tour any number of times to a portable device. Once transferred to a portable device, you agree not to copy, distribute or transfer it from that device to any other media.
Burning or transferring the tours shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.

Technical Requirements

You acknowledge that the use of CapeTreks products requires the use of other hardware and software tools to enable the tours to be played (e.g. a PC to enable the download, a means of unzipping the files and a portable device on which to play the commentaries). This hardware and software is your sole responsibility once a product has been downloaded and you receive it.
Cape Cod Internet Radio shall be without liability to you in the event of its loss damage or destruction.

Withdrawal of Tours

Cape Cod Internet Radio reserves the right to withdraw aCapeTreks Tour from sale.
In such an event, you will no longer be able to purchase such a Tour.

Pricing
Cape Cod Internet Radio reserve the right to change the price of any CapeTreks tour or tours at any time.

Taxes

All prices are inclusive of any applicable taxes. No customers are eligible for tax exemption.

Suitability of Content

All commentaries are designed to be informative and suitable for a family audience.

Safety

WhileCapeTreks Tours direct you to well-populated, visitor-friendly areas, and every tour has been tested by our staff, you are responsible to be aware of your surroundings at all times while listening to a tour. Digital Audio Tours, Inc. is not responsible for any theft of property or other criminal acts or accidents that may happen to persons while they are listening to a CapeTreks tour.

Privacy

Your Privacy is respected and important to us. Our Privacy Policy can be found on this web site.

Intellectual Property

All logos, trade names and other indicators of origin that appear on this site together with the design structure look and feel of the web site and the CapeTreks Tours offered for sale are the property of Digital Audio Tours, Inc. You may not copy, display or use these marks or material without the prior written consent of Cape Cod Internet Radio.

Playing of CapeTreks Tour

It is your responsibility to maintain your awareness of your surroundings whilst playing the CapeTreks Tours. Cape Cod Internet Radio is not responsible for any accidents that may occur whilst these tours are being played.

Your Use of theCapeTreks Site

You may not access, acquire, copy, mirror or monitor any portion of the CapeTreks Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site reserves the right to bar any such activity.

Authorised Access to the Cape Treks Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cape Cod Internet Radio server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.

Interference with the CapeTreks Site

You may not probe, scan or test the vulnerability of the nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cape Cod Internet Radio to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cape Cod Internet Radio. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Denial of Service

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.

Lawful Use of theCapeTreks Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Cape Cod Internet Radio or others.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Massachusetts
without regard to its conflicts of laws provisions.

Disclaimer of Warranties; Limitation of Liability

CAPE COD INTERNET RADIO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CAPETREKS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CAPE COD INTERNET RADIO MAY REMOVE THE CAPETREKS WEB SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CAPETREKS WEB SITE AT ANY TIME, WITHOUT NOTICE TO YOU. CAPE COD INTERNET RADIO DOES NOT REPRESENT OR GUARANTEE THAT THE CAPETREKS WEB SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DIGITAL AUDIO TOURS, INC. DISCLAIM ANY LIABILITY RELATING THERETO.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THECAPETREKS WEB SITE IS AT YOUR SOLE RISK. THE CAPETREKS WEB SITE AND ALL PRODUCTS SERVICES DELIVERED TO YOU THROUGH THE CAPETREKS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF THAT ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND CAPE COD INTERNET RADIO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS DOWNLOADED FROM THE CAPETREKS WEB SITE.