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General
This www.TheTailgater.com website (the
"Service") is owned and operated by Tailgate Media, LLC, and contains
material that is protected by international copyright, trademark and other
intellectual property laws. Unless otherwise specified, the Service is
intended for your personal, noncommercial use only. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute in any
way any material, including code and software, from the Service. You may
download material from the Service and may use the Service for your
personal, non-commercial use only, provided you keep intact all copyright
and other proprietary notices. As part of our Service, TheTailgater.com
agrees to provide you with information and other computer services subject
to these Terms of Service. You agree to use the Service in accordance with
these Terms of Service. Accessing our Service, in any manner, for the
purpose of obtaining information, technical or otherwise, about the
Service constitutes use of the Service such that the party accessing the
Service is bound by these Terms of Service. Because the Web is an evolving
medium, Tailgate Media, LLC may need to change these Terms of Service or
impose new conditions on use of the Service, from time to time, in which
case we will post the revised Terms of Service on this website. By
continuing to use the Service after we post any such changes, you accept
the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by TheTailgater.com.
However, you may not, without the prior written permission of Tailgate
Media, LLC, frame any of the content of the Service, or incorporate into
another website or other service any intellectual property of Tailgate
Media, LLC, its affiliate companies or its licensors.
License to TheTailgater.com
By posting messages, uploading files, or otherwise providing any material
for display on the Service, you are representing that you are the owner of
the material, or are making your submission with the express consent of
the owner of the material. In addition, when you post a message, upload a
file, or otherwise provide us with material for display on the Service,
you are granting TheTailgater.com a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any
such communication.
2. Sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction.
Disclaimers
This Service includes links and pointers to Internet sites, content and
services provided by third parties. TheTailgater.com's linking to any
third party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through the
sites. In addition, neither TheTailgater.com, its parent or subsidiary
companies nor their affiliates operate or control in any respect any
information, products or services that third parties may provide on or
through the Service or on websites linked to by TheTailgater.com. The
materials, information, products and services offered on or through the
Service and any third-party sites are provided "as is" and without
warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, TheTailgater.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
TheTailgater.com does not warrant that the Service or any of its functions
will be uninterrupted or error-free, that defects will be corrected, or
that any part of this Service, including bulletin boards, or the servers
that make it available, are free of viruses or other harmful components.
TheTailgater.com does not warrant or make any representations regarding
the use or the results of the use of the Service or materials in this
Service or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise. You (and not TheTailgater.com)
assume the entire cost of all necessary maintenance, repair or correction.
Online Commerce
In addition, TheTailgater.com may allow you to purchase many different
types of products and services online that are provided by third parties.
TheTailgater.com is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from a merchant on the TheTailgater.com or on a site
linked to by TheTailgater.com, the information obtained during your visit
to that merchant's online store or site, and the information that you give
as part of the transaction, such as your credit card number and contact
information, is collected by the merchant. A merchant may have separate
privacy and data collection practices. TheTailgater.com has no
responsibility or liability for these independent policies. For more
information regarding a merchant, its online store, and its privacy
policies, return to that merchant's home page and click on its information
links or contact the merchant website directly. You release
TheTailgater.com and its affiliates from any damages that you incur, and
agree not to assert any claims against them, arising from your purchase or
use of any products or services made available by third parties through
TheTailgater.com.
When you purchase products or services on or through the TheTailgater.com,
you may be subject to additional terms and conditions that specifically
apply to your purchase or use of such products or services. If you have
any questions about these additional terms and conditions, you should
contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Service. You agree to use the
Service and to purchase services or products through the Service for
legitimate, non-commercial purposes only. You also agree not to make any
purchases for speculative, false or fraudulent purposes or for the purpose
of anticipating demand for a particular product or service. You agree to
only purchase goods or services for yourself or for another person for
whom you are legally permitted to do so. When making a purchase for a
third party that requires you to submit the third party's personal
information to TheTailgater.com or a merchant, you represent that you have
obtained the express consent of such third party to provide such third
party's personal information.
Interactive Features
This Service may include a variety of features, such as bulletin boards,
chat rooms, and e-mail services, that allow feedback to TheTailgater.com
and real-time interaction between users and other features, such as
personalized homes pages and e-mail services, that allow users to
communicate with others. Responsibility for what is posted on bulletin
boards, chat rooms and other public posting areas on the Service lies with
each user -- you alone are responsible for the material you post.
TheTailgater.com does not control the messages, information or files that
others may provide through the Service. It is a condition of your use of
the Service that you do not:
· Restrict or inhibit any other user from using and enjoying the Service.
· Use the Service to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law.
· Use the Service to post or transmit any information, software or other
material that violates or infringes upon the rights of others, including
material that is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission
from the owner or right holder.
· Use the Service to post or transmit any information, software or other
material that contains a virus or other harmful component.
· Use the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
· Use the Service to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without the
express written approval of Tailgate Media, LLC.
· Gather for the purpose of spamming e-mail addresses that have been
posted by other users of the Service.
You understand that TheTailgater.com has no obligation to monitor any
bulletin boards, chat rooms, or other areas of the Service through which
users can supply information or material. However, TheTailgater.com
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse to
post or to remove any information or materials, in whole or in part, that
in TheTailgater.com's sole discretion are objectionable or in violation of
these Terms of Service.
Registration
To use certain features of the Service, you must register with
TheTailgater.com on the form provided. You agree (a) to provide true,
accurate, current and complete information about yourself as prompted by
the Service's registration form, and (b) to maintain and promptly update
the information you provide to keep it true, accurate, current and
complete. If TheTailgater.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the
right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). Our use of any
personally identifying information you provide to us as part of the
registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Service, you may need a username and
password, which you will receive through the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether by
you or by others) that occur under your password or account. You agree to
notify us immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your
account at the end of each session. TheTailgater.com cannot and will not
be liable for any loss or damage arising from your failure to protect your
password or account information.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
Tailgate Media, LLC, or its affiliates be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of,
or the inability to use, TheTailgater.com materials, products, or
services, or third party materials, products, or services made available
through the Service, or any part of the Service, even if TheTailgater.com
is advised beforehand of the possibility of such damages. (Because some
states do not allow the exclusion or limitation of certain categories of
damages, the above limitation many not apply to you. In such states, the
liability of TheTailgater.com, or its affiliates is limited to the fullest
extent permitted by such state law.) You specifically acknowledge and
agree that TheTailgater.com is not liable for any defamatory, offensive or
illegal conduct of any user. If you are dissatisfied with any
TheTailgater.com materials, products, or services, or with any of
TheTailgater.com's terms and conditions, your sole and exclusive remedy is
to discontinue using the Service.
Termination
TheTailgater.com may cancel or terminate your right to use the Service or
any part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the
Service affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Service, and
the disclaimers and limitations of liabilities set forth in these Terms of
Service, shall survive.
Other
This agreement constitutes the entire agreement between TheTailgater.com
and you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional terms
and conditions that may apply when you use the products or services of a
third party that are provided through the Service. In the event of any
conflict between any such third party terms and conditions and these Terms
of Service, these Terms of Service shall govern. This agreement shall be
governed by and construed in accordance with the laws of the State of New
Jersey without giving effect to any principles or conflicts of law. If any
provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions.
Contact Information
Tailgate Media, LLC
252 Orchard Street Westfield, NJ 07090 |
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