OUTSIDE LANDS USER AGREEMENT
The following are the terms and conditions
for use of SFOutsideLands.com and various
other Web sites and web pages operated by
Outside Lands ("Outside Lands")
or its affiliates (collectively, the "Outside
Lands Web Sites"). This User Agreement
applies to the Outside Lands Web Sites and
does not apply to the content of third parties.
The Outside Lands Web Sites are offered
to you conditioned on your acceptance without
modification of the terms, conditions, and
notices contained herein. Your use
of the Outside Lands Web Sites constitutes
your agreement to all such terms, conditions,
and notices. Your use of a particular
Outside Lands Web Site may also be subject
to additional terms, codes of conduct or
guidelines that govern use of those sites,
including without limitation, particular
features or offers (for example, contests
or chat areas), and that are outlined on
that Outside Lands Web Site (the "Additional
Terms").
In the event that any of the terms, conditions,
and notices contained herein conflict with
the Additional Terms or other terms and guidelines
contained within any particular Outside Lands
Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Click Here to
see the Privacy Statement for disclosures
relating to the collection and use of your
personal information.
MODIFICATION OF THESE TERMS OF USE
Outside Lands reserves the right to change
the terms, conditions, and notices under
which the Outside Lands Web Sites/Services
are offered, including but not limited to
the charges associated with the use of the
Outside Lands Web Sites/Services. You
are responsible for regularly reviewing these
terms and conditions and additional terms
posted on particular websites. Your
continued use of the Outside Lands Web Sites/Services
constitutes your agreement to all such terms,
conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION;
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Outside
Lands Web Sites/Services are for your personal
and non-commercial use. The content
available through the Outside Lands Web Sites/Services
is the property of Outside Lands or its licensors
and is protected by copyright and other intellectual
property laws. You may not modify,
copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative
works from, transfer, or sell any information,
software, products or services obtained from
the Outside Lands Web Sites/Services. You
acknowledge that Outside Lands retains exclusive
ownership of the Outside Lands Web Sites/Services
and all intellectual property rights associated
therewith. Except as expressly provided
herein, you are not granted any rights or
license to patents, copyrights, trademarks
or trade secrets with respect to the Outside
Lands Web Sites/Services or their contents,
and Outside Lands reserves all rights not
expressly granted hereunder. Without
the advance express written permission of
Outside Lands, you may not "meta-search" the
Outside Lands Web Sites/Services, send, or
cause to be sent, any automated queries of
any sort to the Outside Lands Web Sites/Services,
or use the Outside Lands Web Sites/Services
in any commercial manner. "Automated
queries" shall include but not be limited
to using any software that sends queries
to any Outside Lands Web Sites/Services to
determine how a web site "ranks" on
any Outside Lands Web Sites/Services.
LINKS TO THIRD PARTY SITES
The Outside Lands Web Sites/Services may
contain links to third party Web sites ("Linked
Sites"). The Linked Sites are
not under the control of Outside Lands, and
Outside Lands is not responsible for the
contents of any Linked Site, including without
limitation any link contained in a Linked
Site, or any changes or updates to a Linked
Site. Outside Lands is not responsible
for webcasting or any other form of transmission
received from any Linked Site nor is Outside
Lands responsible if the Linked Site is not
working appropriately. Outside Lands
is providing these links to you only as a
convenience, and the inclusion of any link
does not imply endorsement by Outside Lands
of the site or any association with its operators. You
are responsible for viewing and abiding by
the privacy statements and terms of use posted
at the Linked Sites.
Any dealings with third parties (including
advertisers) included within the Outside
Lands Web Sites/Services or participation
in promotions, including the delivery of
and the payment for goods and services, and
any other terms, conditions, warranties or
representations associated with such dealings
or promotions, are solely between you and
the advertiser or other third party. Outside
Lands shall not be responsible or liable
for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Outside
Lands Web Sites/Services, you will not use
the Outside Lands Web Sites/Services for
any purpose that is unlawful or prohibited
by these terms, conditions, and notices or
causes damage to any third party. You
may not use the Outside Lands Web Sites/Services
in any manner that could damage, disable,
overburden, or impair any Outside Lands Site/Service(s)
(or the network(s) connected to any Outside
Lands Site/Service(s)) or interfere with
any other party's use and enjoyment of any
Outside Lands Site/Service(s). You
may not attempt to gain unauthorized access
to any Outside Lands Site/Service, other
accounts, computer systems or networks connected
to any Outside Lands Site/Service, through
hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials
or information through any means not intentionally
made available through the Outside Lands
Web Sites/Services.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE OUTSIDE LANDS WEB SITES/SERVICES MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE OUTSIDE
LANDS WEB SITES/SERVICES AND TO THE INFORMATION
THEREIN. OUTSIDE LANDS AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE OUTSIDE LANDS WEB SITES/SERVICES AT
ANY TIME, ADVICE RECEIVED VIA THE OUTSIDE
LANDS WEB SITES/SERVICES SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION. OUTSIDE LANDS AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE OUTSIDE LANDS
WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. OUTSIDE
LANDS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT OUTSIDE LANDS
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH A OUTSIDE LANDS SITE/SERVICE.
YOU SPECIFICALI Y AGREE THAT OUTSIDE LANDS
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT MUSICIODAY IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN A OUTSIDE LANDS SITE/SERVICE BY ANY THIRD
PARTY.
IN NO EVENT SHALL OUTSIDE LANDS AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WI IATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE OUTSIDE LANDS WEB SITES/SERVICES,
WITH THE DELAY OR INABILITY TO USE THE OUTSIDE
LANDS WEB SITES/SERVICES OR RELATED SERVICES,
THE PROVISION Of OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE OUTSIDE LANDS WEB SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE OUTSIDE
LANDS WEB SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF OUTSIDE LANDS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE OUTSIDE LANDS WEB SITES/SERVICES,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE OUTSIDE LANDS WEB SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Outside Lands may establish
limits concerning use of any Outside Lands
Service offered on an Outside Lands Web Site,
including without limitation the maximum
number of days that e-mail messages will
be retained by any Outside Lands Service,
the maximum number of e-mail messages that
may be sent from or received by an account
on any Outside Lands Service, the maximum
size of an e-mail message that may he sent
from or received by an account on any Outside
Lands Service, the maximum disk space that
will be allotted on Outside Lands’ servers
on your behalf, and the maximum number of
times and duration you may access any Outside
Lands Service In a given period of time.
You agree that Outside Lands has no responsibility
or liability for the deletion, corruption
or failure to store any messages or other
content maintained or transmitted by any
Outside Lands Service. You acknowledge
that Outside Lands reserves the right to
log off accounts that are inactive for an
extended period of time.
OUTSIDE LANDS MAKES NO WARRANTY THAT ANY
OUTSIDE LANDS SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE.
GENERAL
This agreement is governed by the laws of
the Commonwealth of Virginia, U.S.A. You
hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Richmond
or Charlottesville, Virginia, U.S.A, in all
disputes arising out of or relating to the
use of the Outside Lands Web Sites/Services. You
agree that no joint venture, partnership,
employment, or agency relationship exists
between you and Outside Lands as a result
of this agreement or use of the Outside Lands
Web Sites/Services. You agree to indemnify
and hold Outside Lands, its parents, subsidiaries,
affiliates, officers and employees, harmless
from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any
third party due to or arising out of your
use of or conduct on the Outside Lands Web
Sites/Services. Outside Lands reserves
the right to disclose any personal information
about you or your use of the Outside Lands
Web Sites/Services, including its contents,
without your prior permission if Outside
Lands has a good faith belief that such action
is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect
and defend the rights or property of Outside
Lands or Its affiliated companies; (3) enforce
the User Agreement; or (4) act to protect
the interests of its members or others. Outside
Lands' performance of this agreement is subject
to existing laws and legal process, and nothing
contained in this agreement is in derogation
of Outside Lands' right to comply with governmental,
court and law enforcement requests or requirements
relating to your use of the Outside Lands
Web Sites/Services or information provided
to or gathered by Outside Lands with respect
to such use. If any part of this agreement
is determined to be invalid or unenforceable
pursuant to applicable law including, but
not limited to, the warranty disclaimers
and liability limitations set forth above,
then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches the intent
of the original provision and the remainder
of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement
constitutes the entire agreement between
the user and Outside Lands with respect to
the Outside Lands Web Sites/Services and
it supersedes all prior or contemporaneous
communications and proposals, whether electronic,
oral or written, between the user and Outside
Lands with respect to the Outside Lands Web
Sites/Services. A printed version of
this agreement and of any notice given in
electronic form shall be admissible in judicial
or administrative proceedings based upon
or relating to this agreement to the same
extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form. |