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. |