Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE USING THIS WEB SITE, AS USE OF THE WEB SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE.
These Terms apply to Confessions of a Las Vegas Motorcop and H.D. Justice (“CLVM” "we," or "us") and all of our Web Sites owned us, including but not limited to www.confessionsofalasvegasmotorcop.com (however accessed) and other interactive features or downloads (e.g., widgets) that are accessible or downloadable through, or related to, our Web Site(s) and owned by CLVM (collectively, the “Web Sites”). The Web Sites are owned by Confessions of a Las Vegas Motorcop and H.D. Justice. These Terms govern your use of the Web Sites and only apply to the Web Sites and not to any other web site or any offline activities by CLVM (unless specifically stated). You agree to these Terms by accessing or using the Web Sites.
Summary of Key Terms
It is important that you read all of these Terms. However, here are some of the big picture issues:
- Check back each visit as policies and rules may change.
- THESE TERMS REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
- You must be 13 years of age to use the Web Sites and if not of majority (18 in most states) your parents must complete your registration and supervise your use.
- Content you submit is owned by you and you are responsible for all third party rights and payments. You grant us and other users the right to use and exploit your submissions.
- Content you create on-site that includes materials other than what you submitted yourself can be used by you only with our permission.
- Your use of Web Sites material off-site is limited by these Terms.
- If you believe any Materials on the Web Sites infringe your rights, you may give us notice following the instructions at Copyright.
- You may not use the Web Sites, or content created thereon, for commercial purposes.
- Your use of the Web Sites is AS IS, without warranty and will result in no liability to us.
Ownership of Web Site Materials
Unless otherwise specified in writing on the Web Sites, all materials that are part of the Web Sites (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Web Sites; the compilation, assembly and arrangement of the materials of the Web Sites; and all other materials related to the Web Sites (collectively, the "Materials”) are owned, controlled or licensed by CLVM and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Materials is governed by these Terms.
License to Web Site Materials
CLVM grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that:
- you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials;
- you make no modifications to the Materials, except as specifically permitted by us (e.g., Collaborative Content as set forth below);
- you do not allow or aid or abet any third party (whether or not for your benefit):
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site creates to generate its web pages or any software or other products or processes accessible through the Web Site;
- you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience; and
You further agree that you will not:
- modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose (except as specifically permitted by us (e.g., Viral Content Distribution and Collaborative Content creation as set forth below)); and/or
- use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage).
CLVM reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Web Sites, including, without limitation, by charging fees therefore and/or making certain features available through the Web Sites that may invite you to use the Materials in a manner not described above.
CLVM may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability. Our Web Sites are intended for an audience that is at a minimum thirteen (13) years of age; some content may be deemed inappropriate by some parents for teenage audiences. Parental guidance is recommended.
The Web Sites may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to CLVM and/or to or via the Web Sites, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information (collectively, “User Content”).
You agree that either:
- your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms; or
- all individuals who contributed in any way or have any rights to your User Content have granted you permission to submit and license your User Content to CLVM as set forth herein, with full knowledge that CLVM may exploit it in any manner whatsoever.
In either case without CLVM incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to CLVM the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
You further agree that CLVM is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Web Sites or CLVM, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind. You further perpetually and irrevocably grant CLVM the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to CLVM the right to sub-license and authorize others to exercise any of the rights granted to CLVM under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to CLVM under these Terms. Without limiting the generality of the forgoing, you authorize CLVM to publish your User Content in a searchable format that may be accessed by users of the Web Sites and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
CLVM has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including without limitation by bringing and controlling actions in your name and on your behalf (at CLVM’s cost and expense, to which you hereby consent and irrevocably appoint CLVM as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
You acknowledge and agree that CLVM will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. CLVM may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you or liability; provided, however, that CLVM reserves the right to treat User Content and/or Collaborative Content on the Web Site, or on certain portions of the Web Site, as content stored at the direction of users for which CLVM will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to CLVM’s attention. Such User Content and/or Collaborative Content posted at your or other users’ direction need not, however, be maintained on the Web Sites by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Web Sites.
You also agree and understand that CLVM is not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any exploitation thereof.
Restrictions on Your User Content and Your Conduct
As a user of the Web Sites, you agree that your User Content, and your conduct on the Web Sites will not:
- include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- promote violence or describe how to perform a violent act; or
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity (collectively, “Content Restrictions”).
In addition, your activities on the Web Sites and in connection with the Materials will not:
- include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to impersonate any other party;
- trick, defraud or mislead other users;
- raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in CLVM’s opinion, CLVM and/or the Materials.
- Disparage, tarnish or other harm, in H.D. Justice's sole opinion, H.D. Justice.
- violate these Terms; any Additional Terms; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by CLVM on the Web Sites;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of the Web Sites, the Materials, Collaborative Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Web Sites, the Materials, Collaborative Content or the User Content;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
- use or launch any automated system, including without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Web Sites or use or launch any unauthorized script;
- cover or obscure any notice, banner or advertisement on the Web Sites;
- disguise the source of your User Content or other information you submit to the Web Sites; and/or
- interfere with or circumvent any security feature of the Web Sites or any feature that restricts or enforces limitations on use of or access to the Web Sites, the Materials, Collaborative Content or the User Content.
Your Web Site Account
Certain areas of the Web Sites may ask you to provide information or ask you to set up a Web Site Account. You may decide not to set up an account or provide information; however, if you decline to do so, you may be unable to view or access certain Materials, Collaborative Content or User Content or otherwise enjoy portions of the Web Sites. You are responsible for updating your account information. We are entitled to rely on the last information provided by you.
You will be responsible for all activities that occur under your account or password, and you agree you will not sell, transfer or assign your account or any account rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your devices that access the Internet, so that others may not utilize your information to access the Web Sites. CLVM may terminate your account or deny you access to the Web Sites in its sole discretion without notice and without liability.
You represent and warrant that:
- you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf;
- all information you provide to CLVM is true, accurate, complete and current; and
- you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under these Terms and to grant the rights granted under these Terms.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Web Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and prudent judgment in your interactions with others and online activities.
The Web Sites may contain sweepstakes, contests or promotions, which may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.
Third Party Links and Content
The Web Sites, or communications you receive from the Web Sites, may link to third party web sites or provide third party content that we do not control, maintain or endorse, for example, banner advertisements.
You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party web site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
CLVM grants you the revocable permission to link to the Web Sites; provided, however, that the location on which the link resides:
- must be owned and controlled by you or otherwise permit you to enable such link subject to these Terms applying thereto;
- must not frame or create a browser or border environment around any of the content on the Web Sites or otherwise mirror any part of the Web Sites;
- must not imply that CLVM or the Web Sites is endorsing or sponsoring it or its products, unless CLVM has given it prior written consent;
- must not imply that H.D. Justice is endorsing or sponsoring it or its products, unless H.D. Justice has given his prior written consent;
- must not present false information about, or disparage, tarnish or otherwise, in CLVM’s opinion, harm CLVM or its products or services;
- must not present false information about, or disparage, tarnish or otherwise, in H.D. Justices' opinion, harm H.D. Justice or its products or services;
- must not use any CLVM trademarks without the prior written permission from CLVM;
- must not use any H.D. Justice trademarks without the prior written permission from H.D. Justice; and
- must not contain content that could be construed as distasteful, offensive, controversial or otherwise objectionable (in CLVM’s opinion).
CLVM also reserves the right to prohibit linking to the Web Sites for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
Terms of Sale
To the extent commerce applications are included within the Web Sites, they will be governed by terms of sale that are posted therewith.
Copyright and Trademarks
The content of the Web Sites includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Web Sites are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, CLVM owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to CLVM. Third-party content providers own the copyright in content that is original to them. “CLVM,” the “CLVM logo,” as well as other marks that may appear on the Web Site, are the service and trademarks of CLVM. All other trademarks, service marks and logos used on this Web Sites, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without CLVM’s written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to CLVM, H.D. Justice or their respective owners. In addition, elements of the Web Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of CLVM, except as is expressly provided herein with respect to Viral Content Distribution.
Your use of the software available at the Web Sites may be governed by Additional Terms. Please carefully read the Additional Terms to determine the full extent of conditions governing the use of such software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE. If you install certain applications that may be available via the Web Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
Disclaimer of Warranties and Endorsement
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLVM, SCOTT ADAMS, SAI AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, THE “CLVM PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEB SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE WEB SITE; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE WEB SITE; (D) USER CONTENT OR COLLABORATIVE CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEB SITE; (F) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE WEB SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO CLVM OR VIA THE WEB SITE. IN ADDITION, THE CLVM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE CLVM PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CLVM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE CLVM PARTIES DO NOT WARRANT THAT YOUR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CLVM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
BY ACCESSING OR USING THE WEB SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE.
THE CLVM PARTES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT PROVIDED THROUGH THE WEB SITES.
Disclaimers / Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE CLVM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE WEB SITE; (B) THE MATERIALS; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE WEB SITE; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEB SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CLVM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CLVM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE CLVM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CLVM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE CLVM PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CLVM PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY THE CLVM PARTIES.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
You agree to defend, indemnify and hold the CLVM Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
- User Content, including without limitation, your contributions to Collaborative Content;
- your use of our Web Sites or activities in connection with our Web Sites;
- your breach or anticipatory breach of these Terms;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
- information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
- any misrepresentation made by you; or
- the CLVM Parties' use of your information, content or submissions.
You will cooperate as fully required by the CLVM Parties in the defense of any claim. The CLVM Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the CLVM Parties.
Termination and Suspension
CLVM may suspend and/or terminate your access to and use of our Web Sites, in whole or in part, if CLVM believes you have failed to conform with these Terms. CLVM may do so in its sole discretion, without liability and without providing you with prior notice. CLVM may also investigate suspected violations of these Terms and may refer violations to law enforcement authorities.
If your access to our Web Sites is suspended or terminated by CLVM, or CLVM otherwise asks, all rights granted to you under these
Terms will cease immediately, and you agree that you will:
- immediately discontinue use of our Web Sites; and
- destroy all materials obtained from our Web Sites and any related materials
The rights granted by you, and your agreements, obligations and covenants are not subject to termination, revocation or rescission.
Dispute Resolution; Binding Arbitration; Governing Law
These Terms will be governed by and construed in accordance with the internal laws of the United States and the State of Nevada governing contracts entered into and to be fully performed in the state of Nevada (i.e., without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to CLVM are of a unique and irreplaceable nature, the loss of which will irreparably harm CLVM and which cannot be replaced by monetary damages alone so that CLVM will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). Except with respect to the interpretation, protection or enforcement of CLVM’s claimed intellectual property rights or right to seek injunctive relief (which will only be subject to arbitration if the parties mutually agree), you agree that any suit, action or proceeding arising out of or relating to these Terms or any of the transactions contemplated herein or any contests or services thereon (including, without limitation, statutory, equitable or tort claims) will be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association (“AAA”). The arbitration will be held in Las Vegas, Nevada. The arbitrator will apply the substantive laws of the State of Nevada, will issue a written decision, and will have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties will split the arbitrator’s fee; provided, however, that if any court or arbitrator would find such requirement unconscionable or unenforceable, CLVM will have the option to pay all of such fees and proceed with arbitration. You agree that the provisions in this paragraph will survive any termination of your account(s).
Distribution Limitations and Territorial Restrictions
The information provided on our Web Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CLVM to any registration requirement within such jurisdiction or country. This Web Site is controlled and operated by CLVM from its offices within Nevada and CLVM makes no representation that materials on our Web Sites are appropriate or available for use in other locations. Those who choose to access our Web Sites from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to our Web Sites will not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Nevada by CLVM.
Software related to or made available by our Web Sites may be subject to United States export controls. Thus, no software from our Web Sites may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to our Web Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of our Web Sites, and you will be responsible for all charges related thereto. The failure of CLVM to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit CLVM’s rights with respect to such breach or any subsequent breaches. No waiver by the CLVM Parties of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable CLVM Party. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. The CLVM Parties may assign their rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without CLVM’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Upon CLVM's request, you will furnish CLVM any documentation, substantiation or releases necessary to verify your compliance with these Terms. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against CLVM by virtue of having drafted them.
Entire Agreement; Modification and Termination
CLVM reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Web Site, including, without limitation, your User Content, communications and account; Collaborative Content; and any functionality or features in or on our Web Sites, in each case in whole or in part, including the cessation of all activities associated with our Web Sites, with or without notice. You agree that the CLVM Parties will not be liable to you or to any third party for any modification, suspension or discontinuance of our Web Sites or any part thereof. Furthermore, CLVM reserves the right to charge for use of the Web Site, in whole or in part, and to change its fees from time to time in its discretion.
CLVM reserves the right to change or modify these Terms at any time. These Terms will not be modified except in writing, as posted on this Web Site by CLVM. Any change or modification made by CLVM will be effective immediately upon posting on our Web Sites and your continued use of the Web Site means that you have agreed to accept any changes or modifications made by CLVM. You should therefore periodically visit this page to review the most recent Terms.
© 2011 Confessions of a Las Vegas Motorcop and H.D. Justice. All Rights Reserved.