baddrunkenbarpoetry.com Legal Notice and Disclaimers
INTRODUCTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AND/OR SUBMITTING CONTENT TO THIS WEBSITE.By using the Website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time so you should read, understand and agree with these terms each time your visit this website.
Submissions
Please be sure that the material you send us is yours (i.e. created by you), and not someone else's. If you are submitting any type of material created by more that one person please be sure to have the explicit consent of each person involved in creating any part of your submission. Please be sure the material is not copyrighted and/or stolen from another web site. You must be fully aware that by sending us your material through the e-mail, or through the use of one of our submission forms, you are in effect releasing us from any legal ramifications that may arise from the public display of any content (like poems, letters, stories, comments, images, art work, drawings etc.) that you submit to baddrunkenbarpoetry.com. We do not accept any material from persons under 18 years of age or material that is illegal under the laws of your location or ours. We have the right to not accept, display, use, drop, remove or disqualify your contribution without any further explanation.
More on Submissions
In regards to original creative materials that you submit to Baddrunkenbarpoetry.com such as stories, poems, letters, questions or ideas, hangover remedies, comments, dialogue, drawings, scribbles or original artwork. We do value your submissions to our website and wish to help you express your thoughts as well as using your submissions to create collective art and entertainment through the display and marketing of any or all submitted work on this website and as part of any or all commercial applications.
If, through participation in certain activities, you send any material (e.g., postings to chat, boards, contests, questions, poems, drawings, letters, art work, comments, stories, anecdotes, etc.) or creative suggestions, ideas, notes, images, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
Restrictions on use of materials
All materials contained in the Website are the copyrighted property of Baddrunkenbarpoetry.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress, including but not limited to Baddrunkenbarpoetry.com, BDBP, and drunken editor, are proprietary to Baddrunkenbarpoetry.com, or its affiliates or licensees, except as noted below.
No material from any Website or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Website. The use of any Baddrunkenbarpoetry.com material on any other Web site or computer environment is prohibited.
In the event you download software and/or content displayed on or provided by baddrunkenbarpoetry.com, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Content Linked to another website
You should be aware that when you are on the Website, you could be directed to other sites that are beyond our control. There are links to other sites from Baddrunkenbarpoetry.com pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, or a reference to an external service provider or vendor, the click may take you off the Website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Website the site you will land on is not controlled by us and different terms of use and privacy policy may apply. You acknowledge that an advertiser or affiliate relationship may exist between Baddrunkenbarpoetry.com and that other website. By clicking on links to other sites, you acknowledge that Baddrunkenbarpoetry.com is not responsible for those sites or their offerings. We reserve the right to disable links from third-party sites to any Website, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our directories or resource lists. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Website.
Disclaimer
While every precaution has been taken in the preparation of this material, the publisher and author assume no responsibility for errors or omissions. Neither is any liability assumed for damages resulting, or alleged to result, directly or indirectly from the use of the information contained herein. If you do not wish to be bound by the above, you may elect to not view, enjoy, open or in anyway interact with the pages that make up this website.
The materials in the website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the functions contained in the materials on this or any linked website will be uninterrupted or be error-free, that defects will be corrected, or that and website or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the viewing or use of any of the materials on any Website including baddrunkenbarpoetry.com in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, counseling, medical care, hospital costs and any or all damages that may result in anyway do to the content on baddrunkenbarpoetry.com or any participation you may have with baddrunkenbarpoetry.com (like reading the poems, letters, advice or any other content, or, having your submitted content read by others).
Website content
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WEBSITE.
Jurisdictional Issues
Baddrunkenbarpoetry.com is controlled and operated by the drunken poet from various locations. We make no representation that materials on any Website are appropriate or available for use in any particular location. Those who choose to access a Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) 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 or using the Software, 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 or otherwise in violation of export control laws or regulations.
General Provisions
These terms of use shall be governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Maricopa County, Arizona, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
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