Colony Bay

WEB SITE TERMS AND CONDITIONS OF USE

Overview:

Welcome to Colony Bay! We offer a subscription service that provides members with access to our motion pictures, television and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV's, computers and other devices. These Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Colony Bay ready devices, you may need to visit www.ColonyBay.net/TermsOfUse to review these hyperlinked terms.

THIS LEGAL AGREEMENT BETWEEN YOU AND COLONY BAY GOVERNS YOUR USE OF THE COLONYBAY PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

Welcome to the terms and conditions of use for the Colony Bay website (the "Site") provided by Riley's American Heritage Farms doing business as Colony Bay Productions (“Colony Bay”).

Colony Bay is an online subscription service that provides our members with access to motion pictures, television, fiction, literature, and other audio-visual entertainment ("Colony Bay Media") streamed or viewable over the Internet to certain Internet-connected TV's, computers and other devices ("Colony Bay ready devices").

These Terms and Conditions of Use (the “Terms of Use”) apply to the Colony Bay web site located at www.Colonybay.net and www.colonybay.tv, and all associated sites linked to www.Colonybay.net and Colonybay.tv by Colony Bay, its subsidiaries and affiliates, including Colony Bay sites around the world (collectively, the “Site”). The Site is the property of Colony Bay and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Colony Bay reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

These terms and conditions of use apply to and govern your use of the Site and the services available thereon. On the Site, many user services may be provided from time to time, including, but not limited to bulletin boards, branded e-mail, online chat, contests, software downloads, and newsletters, among other things (unless otherwise noted, the Site and related services shall be collectively referred to as the Site). Your use of the Site signifies your agreement to be bound by these terms and conditions. You agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below and otherwise set forth on the Site.

If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE CURRENT PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

1. License to Use the Site

Colony Bay makes available information, materials, and products on the Site, subject to the following terms and conditions. By accessing the Site, you agree to the terms and conditions as outlined in this legal notice. Colony Bay reserves the right to change these terms and conditions from time to time at its sole discretion. Colony Bay grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon and use the services provided thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site or services or products offered n any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

2. Changes to Terms and Conditions

Colony Bay reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

3. Ownership; Restrictions

Colony Bay owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, graphics, audio and video clips, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively the "Site Material", including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Material, contained on the Site is owned, controlled or licensed by or to Colony Bay, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Colony Bay is the sole owner of the copyright in the entire Site. Colony Bay also owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

"Content" means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Colony Bay, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. You understand and agree that your use of the Service and any Content is solely at your own risk.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Colony Bay. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Colony Bay and its affiliates and Site Material owners by viewing the copyright and trademark notices posted on the Site here.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Colony Bay’s express prior written consent.

4. Changes to the Site and Site Material

Colony Bay shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to the Site Material, Services features, or hours of availability. Colony Bay may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

5. Acceptable Use Policy

You and other users are invited to post appropriate knowledge or commentary on the Site, including, but not limited to, facts, advice, "tips" and opinions. The posted information may be viewed by you and/or other users of the Site. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through the Site, you agree that you are the sole responsible person from which such Communications originate. This means that you, and not Colony Bay, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via the Web site.

By using the Site, you agree that you:

- Will only use this Site for lawful purposes in accordance with our terms and conditions, Agree with our Internet Privacy Policy. Agree to honor our intellectual property rights.

- Agree to provide us with accurate information as necessary to the proper conduct of registration and electronic commerce through the Site and to take responsibility for the information you provide.

- Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.

Without limitation of the foregoing, you agree to not use the Site to:

- Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; "Stalk" another; Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, or disability;

- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the 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. Colony Bay reserves the right to bar any such activity.

- 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 Colony Bay server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

- Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to 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 Colony Bay, including any Colony Bay account not owned by you, 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, other than your own information, as provided for by the Site.

- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Colony Bay’s systems or networks, or any systems or networks connected to the Site or to Colony Bay.

- 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.

- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Colony Bay 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.

- Harm minors in any way;

- Impersonate any person or entity, including, but not limited to, a Colony Bay officer, employee, host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

- Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas which may be designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed, you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

- Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or

- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

- 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 Colony Bay or others.

You also agree that you will not harvest, collect or store information about the users of this Site or communications posted by others on the Site or use such information for any purpose inconsistent with the purpose of this Site or for, among other things, the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge and agree that Colony Bay may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Communication violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Colony Bay, its users, and the public.

You understand that the technical processing and transmission of the Site, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Colony Bay assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Colony Bay.

Any Communication on the Site may be purged periodically in the sole discretion of Colony Bay. You acknowledge and agree that any Communication you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on the Site. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Colony Bay, and Colony Bay does not support or endorse any content or views posted by you or any user.

6. Monitoring, Editing and Disclosure of Communications

You agree that Colony Bay has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Colony Bay may establish from time to time. Notwithstanding this right of Colony Bay, Colony Bay does not and cannot review all Communications, and Colony Bay is not responsible for any Communications. Colony Bay reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Colony Bay's sole discretion, such Communication is objectionable or in violation of these terms and conditions of use.

Colony Bay may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Colony Bay’s rights or property, or the rights or property of visitors to or users of the Site, including Colony Bay’s customers. Colony Bay reserves the right at all times to disclose any information that Colony Bay deems necessary to comply with any applicable law, regulation, legal process or governmental request. Colony Bay also may disclose your information when Colony Bay determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Colony Bay may preserve any transmittal or communication by you with Colony Bay through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Colony Bay determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Colony Bay, its employees, users of or visitors to the Site, and the public.

You agree that Colony Bay may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Colony Bay, for which monetary damages would be inadequate, and you consent to Colony Bay obtaining any injunctive or equitable relief that Colony Bay deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Colony Bay may have at law or in equity.

You agree that Colony Bay may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Colony Bay does take any legal action against you as a result of your violation of these Terms of Use, Colony Bay will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Colony Bay. You agree that Colony Bay will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

7. Colony Bay's Rights to Materials Provided by Users

Colony Bay welcomes your comments regarding the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Colony Bay and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.

You grant to Colony Bay a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Colony Bay of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against Colony Bay for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that Colony Bay is under no obligations to use any material or ideas submitted by you in any communications in any way whatsoever.

8. No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Colony Bay or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Colony Bay or any Colony Bay affiliate or subsidiary other than pursuant to these terms and conditions of use. Colony Bay shall not be responsible for the payment of any monies to any party in connection with Colony Bay's use of Communications submitted by you to the Site.

9. Copyright Complaints

Colony Bay respects the intellectual property of others, and we ask our users to do the same. Colony Bay may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe upon the copyright of others.

If you believe that your work has been copied and is accessible on the Colony Bay service in a way that constitutes copyright infringement, or that Colony Bay contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Colony Bay by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec 512, to Colony Bay's copyright agent:

By mail: Kurt Koenig, Koenig & Associates, 902 Garden St., Santa Barbara CA 93101

By phone: 805-965-4400

By fax: 805-564-8262

By e-mail: ColonybayCopyright@incip.com

Note: Only copyright complaints should be sent to the contact information provided above. No other communications will be accepted or responded to.

For communications on other matters, please e-mail: Info@Colonybay.net

10. Indemnification

You shall indemnify, defend and hold harmless Colony Bay, and all its officers, directors, owners, agents, employees, Site Material providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site, including but not limited to, any Communications attributable to you. Colony Bay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Colony Bay.

11. Links to Other Web Sites

The Site may contain links and pointers to the other World Wide Web Internet sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Colony Bay or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Colony Bay or sponsors of the Site are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, tradename, logo or copyright symbol of Colony Bay or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Colony Bay does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.

12. Passwords

To use certain features of the Site, you may need a username and password, which you will receive through Colony Bay’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Colony Bay cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are entirely responsible for all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by Colony Bay or any other user of or visitor to the Site due to someone else using your Colony Bay ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Colony Bay ID, password or account at any time without the express permission and consent of the holder of that Colony Bay ID, password or account. Colony Bay cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

13. Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COLONY BAY DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES COLONY BAY WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. COLONY BAY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO COLONY BAY'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. UNDER NO CIRCUMSTANCES SHALL COLONY BAY, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

COLONY BAY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COLONY BAY DISCLAIMS ANY LIABILITY RELATING THERETO.

Colony Bay reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree to indemnify and hold Colony Bay, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Colony Bay by any third party due to or arising out of or in connection with your use of the Site.

14. Non-United States Residents

Colony Bay makes no representation that the Site is appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

15. General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. 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 California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Colony Bay and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

16. Contact Us

If you have any questions regarding these terms and conditions or the Site in general, please contact us at customerservice@Colonybay.net or as noted below at the bottom of this page.

For questions about our privacy policy, to make choices about receiving promotional communications, to update your personal information, or to place an order, you can contact Colony Bay by email, telephone, or postal mail:

Colony Bay

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Phone numbers:

USA 800.XXCCC (toll free)

INTL +805.CCCCC, Ext. CCC

FAX 805-CCCCCCCC

EMAIL: customerservice@Colonybay.net

17. Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of Colony Bay who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

Colony Bay

Legal Department / California Privacy Rights

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1. Privacy Policy

Colony Bay’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Colony Bay’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Colony Bay values our customers and respects your privacy. We collect information about you in an effort to improve your purchasing experience and to communicate with you about our products, services, and promotions. We do not sell or rent your personal information to third parties.

This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. If we change the policy in a material way, we will provide appropriate notice to you. You may exercise your choices about how we collect and use your information consistent with this policy at any time.

If you have any questions about our privacy policy, please contact us as described in the section entitled, "How do I contact you?", below.

What kind of information does Colony Bay collect?

We may collect personal information from you, such as your name, email address, postal address, phone number, credit card number, gender, birthday, personal interests, etc., when you visit our website, place an order online or by phone, make an in-store purchase, save your information with us online, contact us with a question or concern, or participate in a contest, promotion, or survey. We maintain a record of your product interests and the purchases you make online or by phone and in our stores. We may combine all of this information with information about you that we acquire from our joint marketing partners, from unrelated third parties.

How does Colony Bay use my information?

We may use your personal information in the following ways:

* To process and fulfill your order, including to send you emails to confirm your order status and shipment

* To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, and promotions, unless you have directed us not to contact you with promotional communications

* To administer and fulfill our promotions

* To help us learn more about your shopping preferences

* To help us address problems with and improve our site design, products and services

* To enhance your shopping experience

* To analyze trends and statistics

* To protect the security or integrity of our websites and our business

* To contact you if necessary

You always have the choice not to receive marketing information or calls.

Does Colony Bay share my information?

We may share your personal information in the following ways:

* We may share your information with our service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, etc. We do not authorize any of these service providers to make any other use or disclosure of your information.

* We may share your information when we team up with another company to offer or provide products, services, or promotions to our customers.

In the event of a sale or merger of Colony Bay or any of our businesses, our customers' personal information and other information we have collected as described in this policy may be among the transferred business assets.

How do I access or change my information?

You can ask us to update your personal information by contacting us as described in the section entitled, "How do I contact you?", below. Please note that any request to update your personal information may take up to 10 days for your email request and 6-8 weeks for your postal mail request.

How do I make choices about receiving promotional communications?

Colony Bay wants to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers and sales events, you can let us know by contacting our customer service as described in the section entitled, "How do I contact you?", below.

Please be sure to include your full name and the email address you used when you registered with or made a purchase from Colony Bay. If you ask us to remove your name and address from promotional lists, we will maintain your name in a "do not contact" file to ensure that we can honor your request. It may take up to 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from Colony Bay

If you change your mind, you can start receiving promotional communications from us again by logging into your online account and changing your preferences, by signing up when you visit our websites or our stores or when you enter a sweepstakes or contest, or by contacting customer service.

Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order.

How does Colony Bay protect kids' privacy?

Colony Bay is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our websites are not targeted to or intended for use by children.

How does Colony Bay use cookies?

Our websites use "cookies," which are small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience.

For example, we may use cookies to enable you to use certain website features, remember the items in your shopping cart, store your preferences, recognize you when you return to our website, track your orders, and monitor and maintain information about your use of our websites. Cookies may also be used to collect transaction information needed by a scrip or loyalty program to which you have authorized us to provide your personal information.

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you will not be able to access your account information or make purchases on our websites.

How does Colony Bay use pixel tags?

We may use "pixel tags" (also called "web beacons" or "clear gifs"), which are tiny graphic images, on our websites and in our emails. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our websites and our advertising. We work with service providers that help us track, collect, and analyze this information.

Pixel tags on our sites may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the sites. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We may also work with third-party companies that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect information about your visits to our websites and your interaction with our advertising and other communications.

We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our website, to personalize your online experience, to tailor our communications with you, to determine the effectiveness of our advertising, and for other internal business purposes.

How do I know my personal information is secure?

We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information.

When you enter your personal information on our websites, we use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https." After the information reaches us, it is stored on a secure server, resides behind a firewall and cannot be accessed from outside the company. At that point, your information can only be accessed by employees to process your orders. If an unauthorized charge appears on your credit card as a result of shopping with us while using our secure server, we will reimburse you up to the maximum $50 legal liability. We only require that you follow the reporting steps required by the issuer of your card (under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges).

We store and use this information so we can process your order. If necessary, we might use this information to contact you for help processing the order.

If for any reason you cannot access the secure server, or if you're not quite comfortable shopping online, please feel free to place your order with us by telephone at the number listed in the section entitled, "How do I contact you?", below. Customer Services representatives will be happy to assist you.

What is "phishing"?

"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.

What about links to other websites?

For your convenience and information, our websites may contain links to other sites, which may have privacy policies that differ from our own. We are not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through our sites.

2. Newsletters

When subscribing to any newsletter. Our newsletter may be an optional service to our customers and the visitors to our site. This newsletter provides product promotions and other special announcements. Your specific email address is required. We will not share your email address with any third-party without your explicit consent. We hope you find our newsletter both enjoyable and through our special offers rewarding as well.

3. Void Where Prohibited

Colony Bay administers and operates the www.Colonybay.net Site from its location in Oak Glen, California USA; other Colony Bay sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Colony Bay reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

4. Additional terms and conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Colony Bay’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

These Terms of Use constitute the entire agreement between you and Colony Bay with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Colony Bay with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Colony Bay, Colony Bay will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Colony Bay’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Colony Bay of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Colony Bay and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Any references or cross references to Colony Bay products, programs and services that are not announced in your country does not imply that Colony Bay intends to announce such products, programs or services in your country.

Colony Bay may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Colony Bay makes no commitment to update the materials on the Site with respect to such products and services.

5. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Colony Bay shall be free to use such information on an unrestricted basis.

6. Electronic Contracting

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Copyright © 2015 by Colony Bay
All Rights Reserved.

Last Revised: January, 2015