TERMS AND CONDITIONS
Welcome to www.showsgonetoosoon.com website together with any materials and services available therein, and successor site(s) thereto (referred to as the “Site”), which is operated by [insert name of company] and its subsidiaries (“shows gone too soon” or “we” or “us”).
These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and Shows Gone Too Soon. These Terms incorporate any additional terms and conditions posted by Shows Gone Too Soon through the Site, or otherwise made available to you by Shows Gone Too Soon.
The Privacy Policy (“Policy”) describes how Shows Gone Too Soon may use and disclose information that we may collect about all users and viewers through the Site.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
1. ELIGIBILITY
By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.
Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
2. LICENSE
Subject to and conditioned on your compliance with these Terms, Shows Gone Too Soon grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use.
The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of Shows Gone Too Soon or its suppliers, and is protected by the state of Virginia and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Shows Gone Too Soon or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
3. YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of our Site, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your Shows Gone Too Soon account, if any(the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to Shows Gone Too Soon, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with the Site. You are responsible for all activities that occur using your password, usernames and/or Shows Gone Too Soon account, regardless of whether such activities are undertaken by you or a third party.
You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site, information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Shows Gone Too Soon or other users of the Site; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Shows Gone Too Soon reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.
You agree that you will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Shows Gone Too Soon or someone else, or spoof Shows Gone Too Soon’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Site or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to Shows Gone Too Soon any personal data about other users unless specifically authorized in writing by such users and Shows Gone Too Soon.
4. USER SUBMITTED MATERIALS
Unless otherwise stated herein, or in Shows Gone Too Soon’s Privacy Policy, any content, ratings, feedback, preferences or other information or property you provide to Shows Gone Too Soon (including, without limitation, on or in connection with the Site) shall be deemed to be provided on a nonconfidential basis and is intended for public consumption. Shows Gone Too Soon shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant Shows Gone Too Soon and all other users of the Site an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation, the grant of rights for the worldwide transfer and processing among Shows Gone Too Soon, its affiliates, and third-party providers of any information and content that you may provide via the Site. Shows Gone Too Soon is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to Shows Gone Too Soon or place on the Site, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.
5. THIRD PARTY MATERIALS
The Site may make available or provide links to third party website, content, services, or information (“Third Party Materials”). Shows Gone Too Soon does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Shows Gone Too Soon, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without Shows Gone Too Soon’s prior written consent. This indemnity obligation shall survive the termination of this Agreement
7. NOTICES; MODIFICATION AND TERMINATION OF THE SITE
Shows Gone Too Soon and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the Site (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access the Site shall immediately and automatically cease and terminate. Shows Gone Too Soon will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the Site (or any part thereof or related information or files), or loss of related information.
8. ADVERTISEMENTS AND PROMOTIONS
Shows Gone Too Soon may run advertisements and promotions on the Site, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than Shows Gone Too Soon found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. Shows Gone Too Soon is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the Site.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Except as expressly authorized by Shows Gone Too Soon, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the Site, in whole or in part, by any means. You may not, for example, publish any portion of the Site (or links thereto) on any internet, intranet or extranet site or incorporate the Site in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software Shows Gone Too Soon discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
9.3 Shows Gone Too Soon is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the Site, please contact us at [insert contact email].
9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to the Site or any other product, content, technology, intellectual property or service of Shows Gone Too Soon or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use the Site on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of Shows Gone Too Soon or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Shows Gone Too Soon or its affiliates, licensors or partners.
10. DISCLAIMER
THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND SHOWS GONE TOO SOON EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO THE SITE), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOWS GONE TOO SOON IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF SHOWS GONE TOO SOON HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
12. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of the state of Virginia, USA.
13. GENERAL
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Shows Gone Too Soon. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Shows Gone Too Soon relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Shows Gone Too Soon relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Shows Gone Too Soon will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
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