OUTSIDE LANDS USER AGREEMENT
The following are the terms and conditions for use of www.SFOutsideLands.com and various other Web Sites and web pages (collectively, "Outside Lands") operated by OSL Windmills, LLC and its affiliates in support of the Outside Lands Music and Arts Festival (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.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Outside Lands Web Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Outside Lands Web Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Outside Lands Web Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
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.
Outside Lands reserves the right to change the terms, conditions, and notices under which the Outside Lands Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Outside Lands Web Sites 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 are for your personal and non-commercial use. The content available and any services made available through the Outside Lands Web Sites is the property of Outside Lands or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, 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. You acknowledge that Outside Lands retains exclusive ownership (or is the licensee) of the Outside Lands Web Sites, all content, materials and information contained therein, 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 or their contents, and Outside Lands reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of Outside Lands, you may not "meta-search" the Outside Lands Web Sites, send, or cause to be sent, any automated queries of any sort to the Outside Lands Web Sites, or use the Outside Lands Web Sites 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 to determine how a web site "ranks" on any Outside Lands Web Sites.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Outside Lands Web Sites 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, you will not use the Outside Lands Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices nor cause damage to any third party. You may not use the Outside Lands Web Sites in any manner that could damage, disable, overburden, or impair any Outside Lands Web Sites (or the network(s) connected to any Outside Lands Web Site) or interfere with any other party's use and enjoyment of any Outside Lands Web Site. You may not attempt to gain unauthorized access to any Outside Lands Web Sites, other accounts, computer systems or networks connected to any Outside Lands Web Sites, 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.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Outside Lands has designated an agent to receive notifications of claimed copyright infringement relating to the Outside Lands Web Sites (the "Designated Agent"). All such notifications relating to the Outside Lands Web Sites must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Outside Lands personnel to locate the material.
- Information reasonably sufficient to permit Outside Lands to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Outside Lands' Designated Agent as follows:
Service Provider: OSL Windmills, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:
OSL Windmills, LLC - Outside Lands
Attention: Designated Copyright Agent
1815 Fourth Street, Suite "C"
City: Berkeley, CA 94710
Country: United States of America
E-mail Address of Designated Copyright Agent: email@example.com
Outside Lands and its third-party providers ("Vendors") do not monitor, endorse, edit or screen your Submitted Content, although Outside Lands and its Vendors reserve the right to do so, and neither Outside Lands nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Outside Lands or between you and Outside Lands’ Vendors other than as expressly set forth in this Agreement. You acknowledge that Outside Lands is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Outside Lands under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Outside Lands determines, in Outside Lands’ sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, Outside Lands reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Outside Lands Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational or other means available to Outside Lands to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Outside Lands Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the Outside Lands Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Outside Lands a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
You hereby agree to indemnify and hold Outside Lands and all Outside Lands Entities, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Outside Lands Web Sites and the products, merchandise, tickets and/or services purchased via the Outside Lands Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "Outside Lands Entities" shall mean, OSL Windmills, LLC, OSL Bison, LLC, San Francisco Festivals, LLC and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the Outside Lands Music and Arts Festival, including all of their officers, directors, shareholders, members, managers, employees, contractors or agents.
The information, software, products, and services included in or available through the Outside Lands Web Sites may include inaccuracies or typographical errors. Changes are periodically made to the Outside Lands Web Sites and to the information therein. Outside Lands and/or its respective suppliers may make improvements and/or changes in the Outside Lands Web Sites at any time. Advice or information received via the Outside Lands Web Sites 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. The Outside Lands Entities and/or their 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 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 the Outside Lands Entities 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 the Outside Lands Web Sites. You specifically agree that the Outside Lands Entities are 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 the Outside Lands Entities are not responsible for any content sent using and/or included in an Outside Lands Web Site by any third party.
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, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Outside Lands Web Site or 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 Web Site in a given period of time.
You agree that the Outside Lands Entities have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Outside Lands Web Site. 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 Web Sites or service will be uninterrupted, timely, secure or error-free.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of Outside Lands Web Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.