Digital Tour Bus Terms Of Use
We would like to welcome you to DigitalTourBus.com (“Digital Tour Bus”), owned, produced and operated by Digital Tour Bus LLC. Digital Tour Bus is a website that provides videos of artists/bands touring vehicles. All video content in the “Video Section” of Digital Tour Bus is owned by Digital Tour Bus LLC unless otherwise stated. We have exclusive rights to distribute the videos in the “Video Section” unless the band has agreed to modified terms before filming their video. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).
In addition, there are other special products and services offered through Digital Tour Bus that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on Digital Tour Bus that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Digital Tour Bus LLC also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Digital Tour Bus. In addition, Digital Tour Bus LLC also may offer other services from time to time that are governed by the terms of service of the respective service partners. Digital Tour Bus LLC reserves the right to amend these Terms and Conditions at any time.
By using Digital Tour Bus you agree to be bound by these Terms and Conditions, whether or not you register as a user. Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
1. Acceptance of Terms
2. Conditions and Restrictions on Use
3. Registration Obligations and Privacy
4. Responsibility for Minors
5. User Conduct
6. Prohibited Content
7. User Pages
8. Disclaimer of Warranties
9. Limitation of Liability
10. Disclaimer Concerning Third Party Content
11. Advertisers and Content Linked to the Digital Tour Bus Network
12. No License; Intellectual Property of Digital Tour Bus and Others
13. Use of Digital Tour Bus Logo
14. Contests and Giveaways
15. Indemnity and Release
16. Limitation of Actions
17. Copyright, Trademark and Patent Notices
18. Intellectual Property Infringement Claims
19. Changes in Terms and Conditions and Changes in Products and Services
20. Merger
21. Non-Waiver and Separability
22. Relationship of Parties
23. No Resale, Assignment or Sub-Licensing
24. Successors and Assigns
25. Termination; Survival
26. Communications with Users
27. Submission of Ideas
28. Violations and Terms and Conditions
1. ACCEPTANCE OF TERMS
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Digital Tour Bus or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Digital Tour Bus LLC may terminate your access to the Digital Tour Bus or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Digital Tour Bus LLC. Any such termination shall be in Digital Tour Bus LLC’s sole discretion and may occur without prior notice, or any notice. Digital Tour Bus LLC further reserves the right to terminate any user’s access to Digital Tour Bus or to any of the Products and Services for any conduct that Digital Tour Bus LLC, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Digital Tour Bus LLC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Digital Tour Bus LLC further reserves the right to terminate any user’s access to Digital Tour Bus or to any of the Products and Services for any reason or for no reason at all, in Digital Tour Bus LLC’s sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.digitaltourbus.com. Where there is mature or adult content on Digital Tour Bus, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of Digital Tour Bus not open to persons under 18 years of age. With respect to general audience content, if Digital Tour Bus LLC learns that anyone under the age of 13 has accessed the Products and Services, Digital Tour Bus LLC will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of Digital Tour Bus, however, may not be available to children under 13 under any circumstances.
Digital Tour Bus LLC does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION OBLIGATIONS AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Digital Tour Bus LLC registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Digital Tour Bus LLC has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Digital Tour Bus LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All Digital Tour Bus LLC registrations become the exclusive property of Digital Tour Bus LLC. Digital Tour Bus LLC reserves the right to use and reuse all registration and other personally identifiable user information subject to Digital Tour Bus’ Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by updating their profile information.
You acknowledge receipt of Digital Tour Bus’ Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Digital Tour Bus.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of Digital Tour Bus may contain material that is inappropriate for minors.
5. USER CONDUCT
You acknowledge and agree that all information, text, photographs, pictures, graphics, comments, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Digital Tour Bus LLC, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Digital Tour Bus LLC does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Digital Tour Bus at your sole risk. Under no circumstances will Digital Tour Bus LLC be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Digital Tour Bus LLC does not pre-screen user or third party Content posted on Digital Tour Bus, although Digital Tour Bus LLC reserves the right to do so. Digital Tour Bus LLC does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Digital Tour Bus LLC reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Digital Tour Bus LLC.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
6. PROHIBITED CONDUCT
You agree that you will not use Digital Tour Bus LLC’s Products and Services to:
1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of a person of any age, or that discloses personally identifying information belonging to a person of any age.
5. Harm minors in any other way. This includes (but is not limited to) any of the Products and Services, and or a person you first became in contact with via the Products and Services.
6. Make any sexual request on behalf of a minor or make any sexual request of a minor.
7. Make any sexual request on behalf of a person of any age or make any sexual request of a person of any age.
8. “Stalk” or otherwise harass another person, company, and/or user of the Products and Services.
9. Collect or store personally identifying information about other users for commercial or unlawful purposes.
10. Impersonate any person or entity, including, but not limited to, a Digital Tour Bus LLC official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
11. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
12. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
13. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking and purposely meant to affect the use of a person’s computing device.
14. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: (1)Making available copyrighted software or other Content that has had the copyright protection removed, (2) Making available serial numbers for software that can be used to illegally validate or register software, (3) Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content, (4) Making available any software files for which the user does not own the copyright or have the legal right to make available, and (5) promote or make information available to users about programs and other websites meant to break or website’s Terms of Use agreements.
15. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters, or any other form of solicitation, except in those areas that are designated for such purpose.
16. Upload, post, email, otherwise transmit, or post links to any other website unless they are relevant to the conversation of that particular post on the Products and Services. Use the “Self Promotion” area of the forum to make any posts promoting or linking users to your band, company, etc.
17. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Digital Tour Bus.
18. Use automated means, including additional computers, software and scripts, to enhance the amount of plays any video, forum post, etc on the website receives. This includes any form of replicating views by any individual person.
19. Use automated means, including spiders, robots, crawlers, or the like to download data from any Digital Tour Bus LLC Network database.
20. Use a website or program to illegally download any of our videos viewable through the Products and Services or on the origin site of the video.
21. Conduct your own contests and promotions via the Products and Services or any other part of Digital Tour Bus without the consent of an appropriate official of Digital Tour Bus LLC. At this point Joshua Weidling is the sole person to give any user this particular authority and you must have discussed it with him prior to starting any contest via email. His email address may be located on the Contact page of Digital Tour Bus.
22. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants. This is never allowed on Digital Tour Bus and will not be tolerated. Permission will never be granted for any requests for contest approval that involve Digital Tour Bus users having to pay a fee to enter.
23. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Digital Tour Bus LLC database, including, without limitation, by incorporating data from any Digital Tour Bus LLC database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
24. Sell, distribute, or make any commercial use of data obtained from any Digital Tour Bus LLC database or make any other use of data from any Digital Tour Bus LLC database in a manner which could be expected to offend the person for whom the data is relevant.
25. Disrupt the normal flow of dialogue in a forum post by acting in a manner that negatively affects other users’ ability to engage in real time exchanges.
26. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
27. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
28. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
29. Disobey any Digital Tour Bus LLC employee or representative or interfere with any action by any Digital Tour Bus LLC employee or representative to redress any violation of these Terms and Conditions.
30. Access the Products and Services after your account or access has been terminated by Digital Tour Bus LLC.
31. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Digital Tour Bus community or the spirit of these Terms and Conditions.
32. Advertise, offer for sale, or sell any of the following items, but not limited to these items:
a. Any firearms, explosives, or weapons.
b. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
c. Any alcoholic beverages.
d. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
e. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
f. Any controlled substances or pharmaceuticals.
g. Any counterfeit or stolen items.
h. Any dangerous items.
i. Any goods or services that do not, in fact, exist.
j. Any registered or unregistered securities.
k. Any items that violate or infringe the rights of other parties.
l. Any items that you do not have the legal right to sell.
m. Digital Tour Bus LLC has the right to determine if an item can or cannot be advertised, offered for sale, or sold on Digital Tour Bus. If Digital Tour Bus feels the product, service, etc is against the mission of Digital Tour Bus, then Digital Tour Bus LLC reserves the right to remove the post or advertisement.
n. Any items where paying Digital Tour Bus LLC any of the required transactional or listing fees would cause Digital Tour Bus LLC to violate the law.
You acknowledge and agree that Digital Tour Bus LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Digital Tour Bus LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Digital Tour Bus LLC, in its sole discretion. Digital Tour Bus LLC may also terminate access to, or membership in, Digital Tour Bus, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Digital Tour Bus, including without limitation, information posted on message boards.
You expressly acknowledge and agree that Digital Tour Bus LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Digital Tour Bus LLC, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Digital Tour Bus LLC with regard to its users may be disclosed in accordance with Digital Tour Bus LLC’s Privacy Policy.
Digital Tour Bus LLC also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. USER PAGES
Users are invited to post content to their user page (“Profile”) subject to the following limitations: (a) Digital Tour Bus LLC limits the amount of bandwidth dedicated to any account; and (b) Digital Tour Bus LLC reserves the right to display advertising on Profile pages. Please consult the Digital Tour Bus Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Digital Tour Bus LLC reserves the right to modify or discontinue the Profiles service at any time. The Profile service may only be used by people who are at least 13 years old.
By registering on Digital Tour Bus, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Digital Tour Bus will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs posted by you may not contain nudity or any personal information.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Digital Tour Bus LLC assumes no responsibility or liability.
Digital Tour Bus LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Digital Tour Bus, at any time, for any or no reason, with or without prior notice, and without liability.
8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Tour Bus LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Tour Bus LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Digital Tour Bus LLC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Tour Bus LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Digital Tour Bus LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Digital Tour Bus LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Digital Tour Bus LLC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Digital Tour Bus LLC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Digital Tour Bus LLC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Digital Tour Bus LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, PUREVOLUME. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER PROFILES OR OTHER CONTENT STORED THROUGHOUT DIGITAL TOUR BUS.
UNDER NO CIRCUMSTANCES SHALL Digital Tour Bus LLC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
10. DISCLAIMER CONCERNING THIRD PARTY CONTENT
Digital Tour Bus offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, Digital Tour Bus LLC has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Digital Tour Bus or provided to Digital Tour Bus by third parties, Digital Tour Bus LLC may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Digital Tour Bus from such sources is developed by people over whom Digital Tour Bus exercises no control. Similarly, content hosted by Digital Tour Bus which is posted by third parties, and, with the exception of certain random screening functions, Digital Tour Bus LLC cannot and does not screen such web pages before they are made accessible to other users of Digital Tour Bus. Accordingly, neither Digital Tour Bus LLC nor its licensors assume any responsibility for the content of any site linked to the Digital Tour Bus web site or in any web page hosted for a third party within Digital Tour Bus web site. In instances where Digital Tour Bus does review the sites that are displayed in directories, indices, and/or references, or where Digital Tour Bus makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Digital Tour Bus LLC, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
11. ADVERTISERS AND CONTENT LINKED TO THE DIGITAL TOUR BUS NETWORK
Digital Tour Bus LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Digital Tour Bus to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Digital Tour Bus LLC has no control over such sites and resources. You acknowledge and agree that Digital Tour Bus LLC is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree Digital Tour Bus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digital Tour Bus Products and Services, 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. You agree that Digital Tour Bus LLC shall not be 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 such advertisers on the Product and Services.
12. NO LICENSE; INTELLECTUAL PROPERTY OF DIGITAL TOUR BUS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Digital Tour Bus LLC's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Digital Tour Bus and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Digital Tour Bus LLC and its affiliates, licensors and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Digital Tour Bus LLC in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Digital Tour Bus LLC, any of Digital Tour Bus LLC’s affiliates, or any of Digital Tour Bus LLC’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Digital Tour Bus for any purpose other than the purpose for which such Content is made available to users by Digital Tour Bus LLC. You agree not to defame or disparage Digital Tour Bus LLC, the trademarks or service marks of Digital Tour Bus LLCS, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Digital Tour Bus.
13. USE OF DIGITAL TOUR BUS LOGO
Using Digital Tour Bus logo, is subject to the following provisions. Digital Tour Bus logos may be placed on a Web site for the sole purpose of creating a link to Digital Tour Bus and allowing users of your site to access the Products and Services on Digital Tour Bus. Digital Tour Bus logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Digital Tour Bus. Digital Tour Bus logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. Digital Tour Bus logos may not be altered in any manner. Digital Tour Bus logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Digital Tour Bus logos may not be used to disparage Digital Tour Bus, its products or services, or in a manner which, in Digital Tour Bus LLC’s reasonable judgment, may diminish or otherwise damage Digital Tour Bus LLC’s good will in Digital Tour Bus logos. By using any such Digital Tour Bus LLC Network logo, you acknowledge that Digital Tour Bus has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Digital Tour Bus. If you use Digital Tour Bus logos, you must include appropriate attribution. Digital Tour Bus LLC reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Digital Tour Bus LLC reserves the right to take action against any use that does not conform to these provisions.
14. CONTESTS AND GIVEAWAYS
Our site requests information from users via contests and giveaways. Participation in these contests and giveaways is completely voluntary and the user therefore has a choice whether or not to disclose the information that is requested for. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest and giveaway sponsors] to notify the winners and award prizes.
15. INDEMNITY AND RELEASE
By using the Digital Tour Bus web site you agree to indemnify Digital Tour Bus LLC and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Digital Tour Bus web site, your use of the Products and Services, or your submission of ideas and/or related materials to Digital Tour Bus LLC or from any person's use of any account or password you maintain with Digital Tour Bus, regardless of whether such use is authorized by you. By using Digital Tour Bus, using the Products and Services, or submitting any ideas and/or related materials to Digital Tour Bus LLC, you are hereby agreeing to release Digital Tour Bus LLC and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Digital Tour Bus LLC. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
16. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Digital Tour Bus or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
17. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to Digital Tour Bus LLC, the Artists featured in the videos on Digital Tour Bus, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Digital Tour Bus LLC or the owner of the mark, as appropriate, is strictly prohibited. Digital Tour Bus LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Digital Tour Bus to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Digital Tour Bus LLCS has no control over such sites and resources. You acknowledge and agree that Digital Tour Bus LLC is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Tour Bus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digital Tour Bus Products and Services, 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. You agree that Digital Tour Bus LLC shall not be 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 such advertisers on the Product and Services.
18. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Digital Tour Bus LLC to respond expeditiously to claims of intellectual property infringement. Digital Tour Bus LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Digital Tour Bus will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Digital Tour Bus will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to:
Digital Tour Bus LLC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: legal@digitaltourbus.com
Copyright infringement information must be submitted following the above guidelines as outlined by the DMCA.
19. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Digital Tour Bus reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Digital Tour Bus reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
20. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Digital Tour Bus LLC’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Digital Tour Bus LLC web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
21. NON-WAIVER AND SEPARABILITY
Digital Tour Bus LLC’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
22. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Digital Tour Bus LLC are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
23. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Digital Tour Bus LLC.
24. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
25. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Digital Tour Bus LLC. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
26. COMMUNICATIONS WITH USERS
You consent to receive communications from Digital Tour Bus LLC concerning your use of the Products and Services ("Communications"). The Communications may be those that Digital Tour Bus LLC is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Digital Tour Bus LLC sends to you for other reasons. You consent to receive Communications electronically. Digital Tour Bus LLC may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Digital Tour Bus. You may change the email to which Digital Tour Bus LLC sends Communications by visiting your account information page.
For a period of 120 days from the date that Digital Tour Bus LLC first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to legal@digitaltourbus.com. Digital Tour Bus LLC may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to legal@digitaltourbus.com that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Digital Tour Bus LLC reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account.
In order to receive Required Communications, you must provide Digital Tour Bus LLC, upon registration with Digital Tour Bus, a valid email address to which Digital Tour Bus LLC may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Digital Tour Bus LLC will provide notice of any changes to these requirements.
27. SUBMISSIONS OF IDEAS
Digital Tour Bus is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Digital Tour Bus, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DIGITAL TOUR BUS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Digital Tour Bus LLC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Digital Tour Bus LLC THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PUREVOLUME IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Digital Tour Bus LLC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
28. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Digital Tour Bus LLC, Digital Tour Bus LLC reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Digital Tour Bus LLC web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
Email: legal@digitaltourbus.com
Please read the entire Terms and Conditions, as all Digital Tour Bus LLC properties, Products and Services are offered subject to these Terms and Conditions.
We hope your enjoyment of Digital Tour Bus LLC’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Digital Tour Bus community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.
In addition, there are other special products and services offered through Digital Tour Bus that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on Digital Tour Bus that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Digital Tour Bus LLC also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Digital Tour Bus. In addition, Digital Tour Bus LLC also may offer other services from time to time that are governed by the terms of service of the respective service partners. Digital Tour Bus LLC reserves the right to amend these Terms and Conditions at any time.
By using Digital Tour Bus you agree to be bound by these Terms and Conditions, whether or not you register as a user. Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
1. Acceptance of Terms
2. Conditions and Restrictions on Use
3. Registration Obligations and Privacy
4. Responsibility for Minors
5. User Conduct
6. Prohibited Content
7. User Pages
8. Disclaimer of Warranties
9. Limitation of Liability
10. Disclaimer Concerning Third Party Content
11. Advertisers and Content Linked to the Digital Tour Bus Network
12. No License; Intellectual Property of Digital Tour Bus and Others
13. Use of Digital Tour Bus Logo
14. Contests and Giveaways
15. Indemnity and Release
16. Limitation of Actions
17. Copyright, Trademark and Patent Notices
18. Intellectual Property Infringement Claims
19. Changes in Terms and Conditions and Changes in Products and Services
20. Merger
21. Non-Waiver and Separability
22. Relationship of Parties
23. No Resale, Assignment or Sub-Licensing
24. Successors and Assigns
25. Termination; Survival
26. Communications with Users
27. Submission of Ideas
28. Violations and Terms and Conditions
1. ACCEPTANCE OF TERMS
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Digital Tour Bus or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Digital Tour Bus LLC may terminate your access to the Digital Tour Bus or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Digital Tour Bus LLC. Any such termination shall be in Digital Tour Bus LLC’s sole discretion and may occur without prior notice, or any notice. Digital Tour Bus LLC further reserves the right to terminate any user’s access to Digital Tour Bus or to any of the Products and Services for any conduct that Digital Tour Bus LLC, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Digital Tour Bus LLC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Digital Tour Bus LLC further reserves the right to terminate any user’s access to Digital Tour Bus or to any of the Products and Services for any reason or for no reason at all, in Digital Tour Bus LLC’s sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.digitaltourbus.com. Where there is mature or adult content on Digital Tour Bus, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of Digital Tour Bus not open to persons under 18 years of age. With respect to general audience content, if Digital Tour Bus LLC learns that anyone under the age of 13 has accessed the Products and Services, Digital Tour Bus LLC will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of Digital Tour Bus, however, may not be available to children under 13 under any circumstances.
Digital Tour Bus LLC does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION OBLIGATIONS AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Digital Tour Bus LLC registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Digital Tour Bus LLC has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Digital Tour Bus LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All Digital Tour Bus LLC registrations become the exclusive property of Digital Tour Bus LLC. Digital Tour Bus LLC reserves the right to use and reuse all registration and other personally identifiable user information subject to Digital Tour Bus’ Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by updating their profile information.
You acknowledge receipt of Digital Tour Bus’ Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Digital Tour Bus.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of Digital Tour Bus may contain material that is inappropriate for minors.
5. USER CONDUCT
You acknowledge and agree that all information, text, photographs, pictures, graphics, comments, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Digital Tour Bus LLC, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Digital Tour Bus LLC does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Digital Tour Bus at your sole risk. Under no circumstances will Digital Tour Bus LLC be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Digital Tour Bus LLC does not pre-screen user or third party Content posted on Digital Tour Bus, although Digital Tour Bus LLC reserves the right to do so. Digital Tour Bus LLC does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Digital Tour Bus LLC reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Digital Tour Bus LLC.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
6. PROHIBITED CONDUCT
You agree that you will not use Digital Tour Bus LLC’s Products and Services to:
1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of a person of any age, or that discloses personally identifying information belonging to a person of any age.
5. Harm minors in any other way. This includes (but is not limited to) any of the Products and Services, and or a person you first became in contact with via the Products and Services.
6. Make any sexual request on behalf of a minor or make any sexual request of a minor.
7. Make any sexual request on behalf of a person of any age or make any sexual request of a person of any age.
8. “Stalk” or otherwise harass another person, company, and/or user of the Products and Services.
9. Collect or store personally identifying information about other users for commercial or unlawful purposes.
10. Impersonate any person or entity, including, but not limited to, a Digital Tour Bus LLC official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
11. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
12. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
13. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking and purposely meant to affect the use of a person’s computing device.
14. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: (1)Making available copyrighted software or other Content that has had the copyright protection removed, (2) Making available serial numbers for software that can be used to illegally validate or register software, (3) Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content, (4) Making available any software files for which the user does not own the copyright or have the legal right to make available, and (5) promote or make information available to users about programs and other websites meant to break or website’s Terms of Use agreements.
15. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters, or any other form of solicitation, except in those areas that are designated for such purpose.
16. Upload, post, email, otherwise transmit, or post links to any other website unless they are relevant to the conversation of that particular post on the Products and Services. Use the “Self Promotion” area of the forum to make any posts promoting or linking users to your band, company, etc.
17. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Digital Tour Bus.
18. Use automated means, including additional computers, software and scripts, to enhance the amount of plays any video, forum post, etc on the website receives. This includes any form of replicating views by any individual person.
19. Use automated means, including spiders, robots, crawlers, or the like to download data from any Digital Tour Bus LLC Network database.
20. Use a website or program to illegally download any of our videos viewable through the Products and Services or on the origin site of the video.
21. Conduct your own contests and promotions via the Products and Services or any other part of Digital Tour Bus without the consent of an appropriate official of Digital Tour Bus LLC. At this point Joshua Weidling is the sole person to give any user this particular authority and you must have discussed it with him prior to starting any contest via email. His email address may be located on the Contact page of Digital Tour Bus.
22. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants. This is never allowed on Digital Tour Bus and will not be tolerated. Permission will never be granted for any requests for contest approval that involve Digital Tour Bus users having to pay a fee to enter.
23. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Digital Tour Bus LLC database, including, without limitation, by incorporating data from any Digital Tour Bus LLC database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
24. Sell, distribute, or make any commercial use of data obtained from any Digital Tour Bus LLC database or make any other use of data from any Digital Tour Bus LLC database in a manner which could be expected to offend the person for whom the data is relevant.
25. Disrupt the normal flow of dialogue in a forum post by acting in a manner that negatively affects other users’ ability to engage in real time exchanges.
26. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
27. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
28. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
29. Disobey any Digital Tour Bus LLC employee or representative or interfere with any action by any Digital Tour Bus LLC employee or representative to redress any violation of these Terms and Conditions.
30. Access the Products and Services after your account or access has been terminated by Digital Tour Bus LLC.
31. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Digital Tour Bus community or the spirit of these Terms and Conditions.
32. Advertise, offer for sale, or sell any of the following items, but not limited to these items:
a. Any firearms, explosives, or weapons.
b. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
c. Any alcoholic beverages.
d. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
e. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
f. Any controlled substances or pharmaceuticals.
g. Any counterfeit or stolen items.
h. Any dangerous items.
i. Any goods or services that do not, in fact, exist.
j. Any registered or unregistered securities.
k. Any items that violate or infringe the rights of other parties.
l. Any items that you do not have the legal right to sell.
m. Digital Tour Bus LLC has the right to determine if an item can or cannot be advertised, offered for sale, or sold on Digital Tour Bus. If Digital Tour Bus feels the product, service, etc is against the mission of Digital Tour Bus, then Digital Tour Bus LLC reserves the right to remove the post or advertisement.
n. Any items where paying Digital Tour Bus LLC any of the required transactional or listing fees would cause Digital Tour Bus LLC to violate the law.
You acknowledge and agree that Digital Tour Bus LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Digital Tour Bus LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Digital Tour Bus LLC, in its sole discretion. Digital Tour Bus LLC may also terminate access to, or membership in, Digital Tour Bus, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Digital Tour Bus, including without limitation, information posted on message boards.
You expressly acknowledge and agree that Digital Tour Bus LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Digital Tour Bus LLC, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Digital Tour Bus LLC with regard to its users may be disclosed in accordance with Digital Tour Bus LLC’s Privacy Policy.
Digital Tour Bus LLC also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. USER PAGES
Users are invited to post content to their user page (“Profile”) subject to the following limitations: (a) Digital Tour Bus LLC limits the amount of bandwidth dedicated to any account; and (b) Digital Tour Bus LLC reserves the right to display advertising on Profile pages. Please consult the Digital Tour Bus Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Digital Tour Bus LLC reserves the right to modify or discontinue the Profiles service at any time. The Profile service may only be used by people who are at least 13 years old.
By registering on Digital Tour Bus, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Digital Tour Bus will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs posted by you may not contain nudity or any personal information.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Digital Tour Bus LLC assumes no responsibility or liability.
Digital Tour Bus LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Digital Tour Bus, at any time, for any or no reason, with or without prior notice, and without liability.
8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Tour Bus LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Tour Bus LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Digital Tour Bus LLC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Tour Bus LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Digital Tour Bus LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Digital Tour Bus LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Digital Tour Bus LLC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Digital Tour Bus LLC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Digital Tour Bus LLC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Digital Tour Bus LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, PUREVOLUME. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER PROFILES OR OTHER CONTENT STORED THROUGHOUT DIGITAL TOUR BUS.
UNDER NO CIRCUMSTANCES SHALL Digital Tour Bus LLC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
10. DISCLAIMER CONCERNING THIRD PARTY CONTENT
Digital Tour Bus offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, Digital Tour Bus LLC has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Digital Tour Bus or provided to Digital Tour Bus by third parties, Digital Tour Bus LLC may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Digital Tour Bus from such sources is developed by people over whom Digital Tour Bus exercises no control. Similarly, content hosted by Digital Tour Bus which is posted by third parties, and, with the exception of certain random screening functions, Digital Tour Bus LLC cannot and does not screen such web pages before they are made accessible to other users of Digital Tour Bus. Accordingly, neither Digital Tour Bus LLC nor its licensors assume any responsibility for the content of any site linked to the Digital Tour Bus web site or in any web page hosted for a third party within Digital Tour Bus web site. In instances where Digital Tour Bus does review the sites that are displayed in directories, indices, and/or references, or where Digital Tour Bus makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Digital Tour Bus LLC, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
11. ADVERTISERS AND CONTENT LINKED TO THE DIGITAL TOUR BUS NETWORK
Digital Tour Bus LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Digital Tour Bus to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Digital Tour Bus LLC has no control over such sites and resources. You acknowledge and agree that Digital Tour Bus LLC is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree Digital Tour Bus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digital Tour Bus Products and Services, 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. You agree that Digital Tour Bus LLC shall not be 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 such advertisers on the Product and Services.
12. NO LICENSE; INTELLECTUAL PROPERTY OF DIGITAL TOUR BUS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Digital Tour Bus LLC's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Digital Tour Bus and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Digital Tour Bus LLC and its affiliates, licensors and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Digital Tour Bus LLC in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Digital Tour Bus LLC, any of Digital Tour Bus LLC’s affiliates, or any of Digital Tour Bus LLC’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Digital Tour Bus for any purpose other than the purpose for which such Content is made available to users by Digital Tour Bus LLC. You agree not to defame or disparage Digital Tour Bus LLC, the trademarks or service marks of Digital Tour Bus LLCS, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Digital Tour Bus.
13. USE OF DIGITAL TOUR BUS LOGO
Using Digital Tour Bus logo, is subject to the following provisions. Digital Tour Bus logos may be placed on a Web site for the sole purpose of creating a link to Digital Tour Bus and allowing users of your site to access the Products and Services on Digital Tour Bus. Digital Tour Bus logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Digital Tour Bus. Digital Tour Bus logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. Digital Tour Bus logos may not be altered in any manner. Digital Tour Bus logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Digital Tour Bus logos may not be used to disparage Digital Tour Bus, its products or services, or in a manner which, in Digital Tour Bus LLC’s reasonable judgment, may diminish or otherwise damage Digital Tour Bus LLC’s good will in Digital Tour Bus logos. By using any such Digital Tour Bus LLC Network logo, you acknowledge that Digital Tour Bus has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Digital Tour Bus. If you use Digital Tour Bus logos, you must include appropriate attribution. Digital Tour Bus LLC reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Digital Tour Bus LLC reserves the right to take action against any use that does not conform to these provisions.
14. CONTESTS AND GIVEAWAYS
Our site requests information from users via contests and giveaways. Participation in these contests and giveaways is completely voluntary and the user therefore has a choice whether or not to disclose the information that is requested for. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest and giveaway sponsors] to notify the winners and award prizes.
15. INDEMNITY AND RELEASE
By using the Digital Tour Bus web site you agree to indemnify Digital Tour Bus LLC and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Digital Tour Bus web site, your use of the Products and Services, or your submission of ideas and/or related materials to Digital Tour Bus LLC or from any person's use of any account or password you maintain with Digital Tour Bus, regardless of whether such use is authorized by you. By using Digital Tour Bus, using the Products and Services, or submitting any ideas and/or related materials to Digital Tour Bus LLC, you are hereby agreeing to release Digital Tour Bus LLC and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Digital Tour Bus LLC. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
16. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Digital Tour Bus or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
17. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to Digital Tour Bus LLC, the Artists featured in the videos on Digital Tour Bus, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Digital Tour Bus LLC or the owner of the mark, as appropriate, is strictly prohibited. Digital Tour Bus LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Digital Tour Bus to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Digital Tour Bus LLCS has no control over such sites and resources. You acknowledge and agree that Digital Tour Bus LLC is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Digital Tour Bus LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digital Tour Bus Products and Services, 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. You agree that Digital Tour Bus LLC shall not be 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 such advertisers on the Product and Services.
18. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Digital Tour Bus LLC to respond expeditiously to claims of intellectual property infringement. Digital Tour Bus LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Digital Tour Bus will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Digital Tour Bus will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to:
Digital Tour Bus LLC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: legal@digitaltourbus.com
Copyright infringement information must be submitted following the above guidelines as outlined by the DMCA.
19. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Digital Tour Bus reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Digital Tour Bus reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
20. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Digital Tour Bus LLC’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Digital Tour Bus LLC web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
21. NON-WAIVER AND SEPARABILITY
Digital Tour Bus LLC’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
22. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Digital Tour Bus LLC are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
23. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Digital Tour Bus LLC.
24. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
25. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Digital Tour Bus LLC. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
26. COMMUNICATIONS WITH USERS
You consent to receive communications from Digital Tour Bus LLC concerning your use of the Products and Services ("Communications"). The Communications may be those that Digital Tour Bus LLC is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Digital Tour Bus LLC sends to you for other reasons. You consent to receive Communications electronically. Digital Tour Bus LLC may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Digital Tour Bus. You may change the email to which Digital Tour Bus LLC sends Communications by visiting your account information page.
For a period of 120 days from the date that Digital Tour Bus LLC first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to legal@digitaltourbus.com. Digital Tour Bus LLC may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to legal@digitaltourbus.com that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Digital Tour Bus LLC reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account.
In order to receive Required Communications, you must provide Digital Tour Bus LLC, upon registration with Digital Tour Bus, a valid email address to which Digital Tour Bus LLC may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Digital Tour Bus LLC will provide notice of any changes to these requirements.
27. SUBMISSIONS OF IDEAS
Digital Tour Bus is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Digital Tour Bus, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DIGITAL TOUR BUS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Digital Tour Bus LLC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Digital Tour Bus LLC THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PUREVOLUME IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Digital Tour Bus LLC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
28. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Digital Tour Bus LLC, Digital Tour Bus LLC reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Digital Tour Bus LLC web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
Email: legal@digitaltourbus.com
Please read the entire Terms and Conditions, as all Digital Tour Bus LLC properties, Products and Services are offered subject to these Terms and Conditions.
We hope your enjoyment of Digital Tour Bus LLC’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Digital Tour Bus community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.
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