TERMS OF SERVICE
Last Revised: August 29, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). BY USING THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 20 BELOW.
This “Site” (as defined below) is owned and operated by On Stage Enterprises, on its own behalf or in combination with one of its affiliates, parents, subsidiaries, or partners (collectively referred to herein, solely for ease of reference, as “Company,” “us,” or “we”). These terms of service (“Terms of Service” or “TOS”) set forth the legal terms and conditions governing your use of this Site. Your use of this Site confirms your unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use this Site.
1. Eligibility: This Site is intended solely for users thirteen (13) years of age and older. You represent and warrant either that you are eighteen (18) years of age or older or if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing this Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these TOS. Certain parts of this Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
By registering with this Site, you understand that we may send you communications or data from Company regarding this Site via electronic mail, SMS, MMS, instant messaging, electronic chat, or other electronic delivery, including, but not limited to, (i) tasks, notices, videos, record keeping, and audio files; (ii) promotional information regarding this Site, (iii) updates; and (iv) notices about your use of this Site. By registering with this Site, you consent to such communications and understand that standard text and data charges may apply.
3. License to this Site: Company grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display this Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You shall not interfere (or permit the use of your membership by a third party to interfere) or attempt to interfere with the operation or use of this Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the “Material” (as defined in Section 5) on this Site, except as follows:
Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials.
You may store files that are automatically cached by your internet browser for display enhancement purposes.
You may print one (1) copy of a reasonable number of pages of this Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
If you wish to make any use of the Materials on this Site other than that set out in this section, please make your request via the Contact page.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of these Terms of Service, your right to use this Site will cease immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to this Site or any Materials on this Site is transferred to you, and all rights not expressly granted are reserved by Company. Any use of this Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
4. Changes to Site and/or Terms of Service: Company reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of this Site or these TOS, in whole or in part, at any time without further notice. For changes to these TOS that we deem material, we will place a notice on this Site by revising the link on the homepage to read substantially as “Updated Terms of Service” for an amount of time that we determine in our discretion. If you access or use this Site in any way after the TOS have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these TOS will be available on www.americanbandstandrockinon.comand will supersede all previous versions of these TOS.
5. Trademarks, Copyrights & Restrictions: This Site and all of the content it contains, or may in the future contain, including, but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Materials”) that relates to this Site are owned by or licensed by Company or other third parties and are protected from any unauthorized use, copying, and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, any of the Materials. You must not modify copies of any Materials from this Site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from this Site. Nothing contained in these TOS or on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Materials in any manner without the prior written consent of Company or such third party that may own the Materials or intellectual property displayed on this Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. Any use of the Materials, other than as permitted by these TOS, will violate these TOS and may infringe upon our rights or the rights of the third party that owns the affected Materials. You agree to report any violation of these TOS by others that you become aware of. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove, or suspend the display of or access to any of the Materials at any time, without notice and without liability.
7. Social Media Content Permission Policy: In the event you make a reference to Company and/or any of its productions, events, products, or services in a social media post (e.g., on Instagram, Twitter, or Facebook), we may reach out to and request the right to use your “Content” in connection with the marketing, advertising, and promotion of Company, this Site, and/or Company productions, events, products, and services. For purposes of these Terms of Service, “Content” shall include all of the text, user names or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you posted on the internet and/or social media which prompted our request. In the event that we reach out to you, we will ask you to agree to the following conditions:
a. For good and valuable consideration, you hereby irrevocably grant Company and its successors and assigns, a perpetual, irrevocable, non-exclusive, transferable, and assignable worldwide license to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize the Content (including your name and or likeness as it appears in the Content) in any and all media, now known or hereafter devised, in connection with the marketing, advertising, and promotion of Company and its productions, events, products, or services. Company shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. For clarification and the removal of doubt, you will retain full ownership of the Content.
b. You acknowledge that Company has no obligation to use your name, likeness, or Content and you shall not receive any compensation in connection with any such use.
c. You represent that you are at least 13 years old and the Content is original and our use of the Content (including your name and likeness and any third-party name or likeness included in the Content) in accordance with these TOS will not violate or infringe upon the rights of any third party.
d. You hereby release Company each of its successors, assignees, and licensees from any and all claims and demands arising out of or in connection with the use of your Content including, without limitation, any and all claims for copyright infringement, trademark infringement, invasion of privacy, infringement of your right of publicity, defamation (including libel and slander), and any other personal and/or property rights.
8. Unsolicited Submissions: Company is pleased to hear from its visitors and welcomes your comments regarding Company products and services. If Company sponsors a contest or sweepstakes that expressly invites you to submit material for consideration and that contest is governed by a set of Official Rules, then to the extent there is a conflict between the terms of this paragraph and the terms of such Official Rules, the Official Rules will govern the use of material that is submitted as part of the contest or sweepstakes entry mechanic.
Outside of that type of contest or sweepstakes entry mechanic, however, Company’s long-standing policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials, including, but not limited to, stories or character ideas, screenplays, or original artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Company’s, its affiliates', and/or its partners’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Company may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (“Submission(s)”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this paragraph, all Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, or posting, and you hereby irrevocably waive, release, and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary, or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute, and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By making a Submission to this Site or Company, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to this Site and/or Company will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make to this Site or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials and that new ideas are constantly being submitted to it or being developed by Company’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format, or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s use of any such similar or identical material. Finally, you acknowledge that with respect to any claim you may have relating to or arising out of Company’s actual or alleged exploitation or use of any material you submit to this Site and/or Company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Company product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. Linked Sites: This Site may contain links to third-party websites or resources, which may or may not be obvious, (“Third-Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third-Party Applications, Software, or Content”). Our provision of links to Third-Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third-Party Site or Third-Party Application, Software, or Content. Such Third-Party Sites and Third-Party Applications, Software, or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third-Party Sites accessed through this Site or any Third-Party Applications, Software, or Content posted on, available through or installed from this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. If you decide to leave this Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD-PARTY APPLICATIONS, SOFTWARE, OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
10. Promotions/Additional Features: From time to time, this Site may offer sweepstakes, contests, voting opportunities, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, voting opportunities, or promotions offered via this Site may be, and often are, governed by a separate set of rules that in addition to describing such sweepstakes, contest, voting opportunity, or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering any such sweepstakes, contest or other promotion or casting a vote, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
When using this Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the "Guidelines"). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service).
11. No Resale/Exploitation: You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any Materials or any other part of this Site for any commercial purpose.
12. Non-United States Residents: Company operates this Site in the United States. Company makes no representation that the Materials, including merchandise offered for sale on this Site, and their copyrights, trademarks, patents, and licensing arrangements are appropriate or available for use in locations other than the United States. If you access this Site from locations outside of the U.S., you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Jurisdictional Issues: This Site is controlled and operated by Company from its offices within the State of California, United States. Company makes no representation that materials in this Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Termination: You understand and agree that Company may, in its sole discretion and at any time, terminate your password and/or account and/or prohibit you from accessing this Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. You understand and agree that Company shall not have any liability to you or any other person for any termination of your access to this Site and/or the removal of information concerning your account. Company will determine your compliance with these TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these TOS may result in restrictions on your access to all or part of this Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these TOS shall be of any force or effect unless formally posted. Upon termination of your access to this Site or upon demand by Company, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.
15. Disclaimer: This Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions related to the communications line failure, operation, or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or other functions on account of technical problems or traffic congestion on the internet or in connection with this Site, including injury or damage to your or any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with this Site.
THIS SITE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE, THE MATERIALS, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, MATERIALS, SOFTWARE, OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE, THE MATERIALS, OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, OR ADEQUACY OR OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED ON THIS SITE AND/OR THE MATERIALS. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
16. Limitation of Liability: YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, RESPRESENTATIVES, AND CONTRACTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THIS SITE, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims, presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, by access and using this Site, you intend to release fully, finally, and forever all Released Matters under these TOS. In furtherance of such intention, the releases set forth herein shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
Reference to any intellectual property, product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Company. You are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice, or content available as part of this Site.
The information presented on or through this Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by partners and third-party licensors. All statements and/or opinions expressed in the materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any your computer from any such security breach or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Companymakes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Site.
17. Linking Policy: If you link to this Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Company. The link to this Site must not damage, dilute, or tarnish the goodwill associated with any names and/or intellectual property contained on this Site, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not “frame” this Site or alter its intellectual property or Materials in any other way. You may not link to this Site from a site that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including, without limitation, any website that Company deems to be inappropriate or inconsistent with or antithetical to this Site and/or these Terms of Service.
Company is not responsible for the content or performance of any portion of the internet, including other websites to which this Site may be linked or from which this Site may be accessed.
18. Copyright Infringement: If you believe that any Content appearing on this Site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Christopher R. Grobl, Esq.
Silver State Legal
4625 W. Nevso Drive, Suites 2&3
Las Vegas, NV 89103
By this provision, Company seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.
19. Indemnification: BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIALS IN VIOLATION OF THESE TERMS OF SERVICE; INFORMATION OR MATERIALS POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY’S USE OF YOUR INFORMATION OR CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY 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 SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
20. Arbitration/Miscellaneous: These TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Company’s written authorization. Any failure to enforce any provision of these TOS shall not constitute a waiver thereof or of any other provision thereof.
These TOS shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.
By using this Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Released Parties arising out of, relating to, or connected in any way with this Site or the determination of the scope or applicability of these TOS, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that you may have entered into in connection with this Site; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Released Parties’ individual claims; (7) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (8) the arbitrator shall not have the power to award punitive damages against you or any Released Party; and (9) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Released Party exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. With the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
For any questions, suggestions, or concerns related to these Terms of Service, please email us using the “Contact Us” page.
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