Term of Use
GENERAL PRACTICE AND LIMITS
You acknowledge that DESPORADO ENTERTAINMENT LLC may establish general practices and limits concerning use of the Site, including without limitation, the maximum throughput of traffic from the Internet or associated service (e.g., email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that DESPORADO ENTERTAINMENT LLC has no responsibility or liability for the deletion of, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site.
RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about DESPORADO ENTERTAINMENT LLC’s mission, programs, events and other information offered or described on the Site. Although DESPORADO ENTERTAINMENT LLC strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although DESPORADO ENTERTAINMENT LLC endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Accordingly we reserve the right to:
Change the terms and conditions of this Agreement; or
Change the Site, including eliminating or discontinuing any content on or feature of the Site.
You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
CODE OF CONDUCT
You agree to respect the rights of others and exercise good judgment in using the Site. You agree that you will not:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Use the Site or Materials for any unauthorized or unlawful purpose;
Impersonate any person or entity or misrepresent your affiliation with a person or entity;
Solicit personal information from, harm or attempt to harm any person, in any way;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or any other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) in writing;
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, DESPORADO ENTERTAINMENT LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions generally or in specific cases;
Harvest or collect information about Site visitors;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
Violate any applicable local, state, national or international law, rule or regulation, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission or any rules of any other national securities exchange.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, logos and trademarks is owned and operated by DESPORADO ENTERTAINMENT LLC in conjunction with others pursuant to contractual arrangements, and will remain the property of DESPORADO ENTERTAINMENT LLC and its licensors and suppliers (as applicable). The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by accessing the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademark(s)”) are the registered and unregistered trademarks of DESPORADO ENTERTAINMENT LLC, DESPORADO ENTERTAINMENT LLC’s licensors and suppliers (as applicable). The Trademarks owned by DESPORADO ENTERTAINMENT LLC, whether registered or unregistered, may not be used in connection with any service that is not offered by DESPORADO ENTERTAINMENT LLC, in any manner or medium that is likely to cause confusion, or in any manner that disparages DESPORADO ENTERTAINMENT LLC, its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of DESPORADO ENTERTAINMENT LLC, DESPORADO ENTERTAINMENT LLC’s licensors or suppliers, or the third party owner of any such Trademark (as applicable). Misuse of any Trademark is prohibited, and DESPORADO ENTERTAINMENT LLC will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your participation, or termination of this Agreement.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Desporado Entertainment LLC, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AGENTS, CONSULTANTS, PARTNERS, EMPLOYEES, EMPLOYEES’ PARTNERS, DIRECTORS, SHAREHOLDERS, EXECUTIVES, AND RESPECTIVE FOUNDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DESPORADO ENTERTAINMENT LLC, our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.
You assume all responsibility and risks for your use of the Site and your reliance thereon. No opinion, advice or statement of DESPORADO ENTERTAINMENT LLC or its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, members or visitors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives whether made on the Site or otherwise, shall create any warranty. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Site or any hyperlinked site, or featured in any banner or other advertising, and DESPORADO ENTERTAINMENT LLC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase or use of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the Site and any Materials provided through the Site are entirely at your own risk.
The Site and Materials may include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at [email@example.com], if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
LIMITATION OF LIABILITY
Neither DESPORADO ENTERTAINMENT LLC nor any of its affiliates, licensors, suppliers, advertisers or sponsors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site, any linked site or any product or service purchased through the Site.
You agree to indemnify, defend and hold the site, DESPORADO ENTERTAINMENT LLC and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) any of your activities in connection with the Site.
ACCESS FROM OUTSIDE THE UNITED STATES
The Site is directed to people residing in the United States. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
You agree that any dispute arising out of or relating to this Agreement or your use of the Site will be submitted exclusively to confidential binding arbitration in New York, New York. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Site, DESPORADO ENTERTAINMENT LLC Group, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of New York.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, comments or complaints regarding these terms or the Site, please contact us at: firstname.lastname@example.org
© 2019 DESPORADO ENTERTAINMENT LLC