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. |