Terms of Use
These Terms of Use apply to all websites maintained, owned and operated by RIFFSLINGER, LLC.
RESTRICTIONS ON USE OF WEBSITE
This website ("Website") is owned and operated by RIFFSLINGER, LLC ("RIFFSLINGER"). By accessing or using this Website, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, then do not use this Website. RIFFSLINGER has the right, in its discretion, to modify or update these Terms of Use at any time without notice. You agree to review this agreement periodically since any use of this Website following any such change will constitute your acceptance of the modifications.
USE OF MATERIALS
This Website, and the information, content and materials displayed on or used in connection with the Website, including all text, articles, editorials, advertising, images, photographs, audio, video, computer code and software (collectively, the "Content"), is the property of RIFFSLINGER and its affiliates and licensors. You may not use any of the Content except as provided in these Terms of Use. Any copying, rearrangement, redistribution, modification, use or publication by you of any Content or any part of the Website, except for the limited rights of use granted hereunder, is strictly prohibited.
You may use the Content online and for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. For example, you may not distribute any Content or make copies of it available to anyone else, whether or not for payment or other consideration. You may not create any derivative works from any Content or remove any trademark, copyright or other notice from any Content. You may not otherwise modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any Content or any portion of the Website without the prior written permission of RIFFSLINGER.
Requests to use the Content for any purpose other than as permitted in these Terms of Use should be directed to legal@riffslinger.com.
The trademarks, logos and service marks displayed on this Website are owned by RIFFSLINGER and other third party providers. For example, RIFFSLINGER and riffslinger.com are trademarks owned by RIFFSLINGER, LLC. No trademarks on this Website may be used without the prior written permission of RIFFSLINGER.
USER CONDUCT
RIFFSLINGER is not responsible for materials submitted or posted to any of its Websites, including materials posted on any message board, forum, letter to the editor, or chat room ("Online Forums"). RIFFSLINGER does not and cannot monitor all materials posted or transmitted by users. RIFFSLINGER and its designees have the right, but not the obligation, to monitor any areas involving user participation, and to edit, refuse to post or remove any content submitted by any user for any reason whatsoever in its discretion. If you voluntarily disclose personal information on any Online Forums, the information can be viewed and collected by anyone. Therefore, do not post any personal information that you do want to be accessed by the general public. RIFFSLINGER is not responsible for unsolicited communications that may arise from your posting information on Online Forums.
You agree that you shall not upload, transmit, distribute or otherwise publish through this Website, or any RIFFSLINGER website, any content that: a) is libelous or defamatory or tends to mislead or reflect unfairly on any person, business or entity; b) is obscene, indecent, pornographic, inflammatory, abusive or threatening or otherwise expresses bigotry or racism; c) violates, plagiarizes or infringes any rights of any entity or person, including copyrights, trademarks, patents, rights of publicity or privacy or any other proprietary rights; d) violates any law; e) constitutes or advocates illegal or violent activity; f) advertises or otherwise solicits funds or is a solicitation for goods or services; or g) contains a virus or other harmful or disruptive component. You agree that you will not in any way interfere with the delivery or display of advertisements appearing on the Website. You further agree that you: (a) will not disrupt, attack, overwhelm, modify, reverse engineer, decrypt or interfere with the Website or its associated software, hardware and/or servers in any way; (b) will not impede or interfere with others' use of the Website; (c) other than connecting to RIFFSLINGER's host servers by http requests using a web browser, will not attempt to gain access to RIFFSLINGER's host servers by any means - including without limitation by using administrator passwords or by masquerading as an administrator while using the Website; and (d) will not impersonate any person or entity or misrepresent your identity.
Any violation of the foregoing may result in restrictions on your access to the Website and may be referred to law enforcement authorities. RIFFSLINGER reserves the right to disclose information as necessary to satisfy any law, regulation or government request. RIFFSLINGER and its affiliates shall have no liability for any action or inaction by them in respect of any conduct relating to materials submitted or posted by users.
LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with RIFFSLINGER, you are granting to RIFFSLINGER and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, unrestricted right and license to use, publish, display, modify, distribute, reproduce and create derivative works from these materials as RIFFSLINGER sees fit in any form, media or technology now known or later developed, and that you shall have no claims against RIFFSLINGER for using these materials. You also grant RIFFSLINGER and the affiliates the right to use your name and other information you provide in connection with their use of materials you submit to the Website. RIFFSLINGER is free to use any ideas, concepts or know-how contained in any user-submitted material for any purpose whatsoever, including the development of products and services using such information. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third party.
LINKS TO THIRD PARTY WEBSITES
This Website may contain links to websites that are run and maintained by third parties. RIFFSLINGER is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to RIFFSLINGER's Websites and you should always review the terms and conditions of any website that you access through a link from this or any other RIFFSLINGER Website.
INDEMNITY
You agree to indemnify and hold harmless RIFFSLINGER and its affiliates, and each of their respective employees, officers, directors, owners, licensees, licensors and agents, from any and all claims, liabilities, costs and expenses, including attorneys' fees and court costs, arising out of or related to any allegation regarding (a) any violation of these Terms of Use by you, (b) your use of this Website, including but not limited to the placement or transmission of any content or information on this Website, or (c) the use by RIFFSLINGER or any of its affiliates of any content or information you provide, as long as our use is not inconsistent with these Terms of Use.
LIMITATION OF LIABILITY
RIFFSLINGER WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS WEBSITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH ARE PROVIDED "AS IS." RIFFSLINGER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF USE. RIFFSLINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONAINED HEREIN. RIFFSLINGER DOES NOT MAKE ANY REPRESENTATIONS THAT THIS WEBSITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RIFFSLINGER BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT RIFFSLINGER IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
This Website may contain views, opinions and statements of various third party individuals and organizations in Online Forums or elsewhere on the Website. RIFFSLINGER neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of this Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the Website and to seek appropriate advice of professionals, as appropriate. RIFFSLINGER has not reviewed and does not endorse the content of all sites linked to from this Website and your linking to any third party website is at your sole risk.
JURISDICTION
This agreement shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of law. You and RIFFSLINGER each agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the southern district, located in New York City, New York. If any provision of this agreement shall be considered unlawful or void or is unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. This Agreement and any operating rules established by RIFFSLINGER for any community areas on the Website constitute the entire agreement between the parties and supersede all previous written or oral agreements between the parties with respect to the subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent breach or default.
COPYRIGHT CLAIMS
RIFFSLINGER prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Website in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
RIFFSLINGER's Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
RIFFSLINGER, LLC
P.O. Box 3816
New York, NY 10163
By email: legal@riffslinger.com
Upon receipt of such notification, RIFFSLINGER will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.
