Losers of the Year - Official Band Site

Legal Mumbo Jumbo:

LOSERS OF THE YEAR. TERMS OF SERVICE AGREEMENT

Terms and Conditions of Use

Welcome to LosersOfTheYear.net ("Service"), an online service of LOSERS OF THE YEAR. ("LOTY"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. Losers Of The Year reserves the right, at its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Losers Of The Year retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

Participation and Conduct

During the term of this Agreement, LOTY. grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. No deep linking directly to pages is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify LOTY and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of our fans, and may not be used for commercial purposes or for organized political activity.

LOTY reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. LOTY also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, LOTY is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

The Service is the personal property of LOTY. LOTY retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by LOTY or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

LOTY, LosersOfTheYear.net, and their respective logos are trademarks of Joshua, Jason, Jeremy and Justin Barkdull collectively. All other trademarks on the Service are the property of their respective holders.

Permissions

All requests for licensing, reprints, linking and other usage of material on LOTY should be addressed to webmaster@losersoftheyear.net. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.LOTY DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. LOTY IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND LOTY DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. LOTY DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.

LOTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF LOTY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL LOTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.

SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices

LOTY may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to LOTY via E-mail at webmaster@losersoftheyear.net.

LOTY reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Any failure by LOTY to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity

In the event you breach the terms of this license, or if, any claims are made against LOTY (its employees, officers or directors resulting from your actions) you shall be liable to LOTY for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applied to contracts entered into and performed within California. You agree to grant jurisdiction over yourself to the courts of California and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

Notwithstanding anything to the contrary in the Contract and Copy Regulations of the Publisher, Terms and Conditions of the Publisher or in any space order, billing instruction, copy instruction or any other instruction or agreement, there are no premium items granted by the publisher, including but not limited to, merchandising credits, premium positioning, exclusivity, and competitive separation, unless specifically agreed to by the Publisher in a document signed by an authorized representative of the publisher for the particular ad being submitted. If the publisher grants a premium in a signed agreement or insertion order with the advertiser it is for that only that signed agreement or insertion order and will not apply to any other agreement or insertion order.

The Information We Collect

At LosersOfTheYear.net, we do not collect personally identifiable information unless our visitors voluntarily provide it to us. For some activities, such as online polls or surveys, we may ask visitors to provide information that is not personally identifiable. This might include first name only, city or state of residence, age, or gender For some other activities, such as subscribing to our updates letter, we may ask visitors to provide an e-mail address or cell phone number. Visitors who order merchandise or other materials from the store at LosersOfTheYear.net will be required to provide their full name, billing and mailing addresses, e-mail address, telephone number and possibly a credit card number. If the order is being shipped to a third party, we will also need the recipient's name and mailing address.

Before collecting information in connection with a store order, we will verify the validity of the purchaser's credit card. On occasion, we might solicit additional voluntary information regarding shoppers' personal shopping preferences. We do not knowingly collect names and e-mail addresses from children under thirteen without notifying the parent via e-mail and giving the parent the option to remove their child's e-mail address from the applicable database for that activity. We do not knowingly collect the mailing address of a child under thirteen without obtaining verifiable consent from that child's parent. It is up to the child under thirteen to notify LosersOfTheYear.net of his or her age before submitting any information to the web site. When visitors come to our site, we automatically collect some non-personally identifiable information such as the type of computer operating system (e.g., Windows XP or Mac OS) and browser (e.g., Firefox, Internet Explorer) being used, and the domain name of the Internet service provider (e.g., America Online, Earthlink).

II. How We Use the Information

We use visitors' personal information for internal purposes only, such as subscribing to our online updates letter, or to order from the store at LosersOfTheYear.net. We use parents' e-mail addresses to notify them when we have received personal information such as e-mail addresses from their children and to give parents the option to remove their child's name from our lists. We only use the e-mail addresses of subscribers to our LosersOfTheYear.net updates letter to send them the requested letter(s). Each letter also includes instructions for subscription removal via return e-mail. We never sell, rent, or otherwise share our visitors' personal information with third parties. Sometimes, we may use agents or contractors to provide services to our visitors, such as helping us ship customer orders made in the store at LosersOfTheYear.net. In these cases, we require the agent or contractor to keep the information confidential and to use it only for the specific services they are performing. We sometimes use non-personally identifiable information that we collect to improve the design and content of our site, and to improve our visitors' experience on LosersOfTheYear.net We also may aggregate this information to analyze site usage, as well as to offer products, programs, or services.We will disclose information we maintain as required by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a specific law enforcement agency's request.

We will not use or transfer personally identifiable information in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

III. Cookies

LosersOfTheYear.net uses a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this web site to personal information that the visitor has provided, such as an e-mail address, we do not use cookies for this purpose. We do use cookies to determine how many visitors we have and how often they visit various sections of our site.

IV. Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. We are particularly sensitive to visitors' security concerns regarding the use of credit cards to purchase products over the Internet. For orders placed in the store at LosersOfTheYear.net we work with PayPal and under the PayPal Agreement to use a technology that automatically encrypts credit card data while information is being transmitted over the Internet, provided that the visitor's browser supports the Secure Socket Layer protocol (SSL).

V. Submissions

Any e-mails, notes, message/bulletin board/forum postings, ideas, suggestions, concepts or other material submitted will become the property of Losers Of The Year throughout the universe. Losers of the Year shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Losers of the Year's web site, you agree that Losers of the Year has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Losers of the Year's policies regarding privacy.