TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and Rope Swing Hospitality, LLC doing business as The Holler (“The Holler”), operator of the Site located at the <alocalhangout.com> domain (the “Site”)
Your use of the Site and the services provided on it are subject to the terms and conditions of this Agreement, which forms a legally binding contract between The Holler and You.
The Holler may amend the terms of this Agreement at any time by providing You with notice of such amendment, and Your continued use of the Site will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits The Holler’s liability and may substantively affect Your rights.
Use of the Site
Permitted Use of the Site. Use of and access to the Site is limited by the terms of this Agreement. You agree:
Not to take any action that imposes, or may impose in The Holler’s sole discretion, an unreasonable or disproportionately large load on The Holler’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site, including but not limited to “framing” the Site’s content within another site or “hotlinking” to any Site content, without the prior express written permission of The Holler.
To use the Site only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Site.
Termination of Use. The Holler may at its sole discretion terminate or limit Your use of the Site for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in The Holler’s sole opinion adversely impacts the Site or The Holler’s interests. The Holler may so terminate or limit Your use of the Site without prior notice to You. If such termination or limitation is for reasonable cause, The Holler will not be obligated to refund any fees paid by You in connection with the use of the Site or the services provided on it.
In the future, access to certain areas of the Site, and content and services contained therein, may require the creation of a User Account having a unique user name and an associated password. If you create a user account, you will be responsible for securely maintaining Your user name and password and for all activities of persons accessing the Site using Your User Account
The Holler may provide services in connection with the Site. The Holler will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless The Holler for any damages arising out of Your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Site.
Fees for Content and Services
The Holler provides via the Site content and services free of charge (“Free Content and Services”). The Holler may alter the scope of Free Content and Services and/or may discontinue the provision of any of the Free Content and Services at any time. The Holler will not charge You for any content or services unless You first consent to such charges, and You will not be allowed to access any non-free content or services without first agreeing to the charges associated with such content or services.
User Provided Site Content
User Provided Content. The Holler may publish information provided to it by users of the Site, including without limitation user forums and comments associated with blog entries (“User Provided Content”). The Holler is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. The Holler does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless The Holler for any damages arising out of false or inaccurate User Provided Content.
Alteration and Removal of User Provided Content. The Holler may alter or remove without prior notice to You any User Provided Content, whether submitted by You or others, including without limitation any which in its sole discretion is false, inaccurate or materially misleading or which in its sole discretion is profane or offensive.
Content Provided by You. You hereby grant The Holler an irrevocable, world-wide, exclusive, perpetual license to any information, material or works that You submit to The Holler, including without limitation any information, material or works submitted: (i) in connection with any forum hosted by or on behalf of The Holler; (ii) for publication in any newsletter published by The Holler; or (iii) in connection with any blog provided or hosted by The Holler. Without limiting the foregoing, the license grant includes the right in The Holler to republish the information, materials or works in any form.
Rights to Content Provided by You. By submitting information, materials or other works, You represent to The Holler that: (i) You have sufficient rights in the submitted information, materials or other works to grant The Holler the rights contained in the above licenses; and (ii) that The Holler’s use of the information, materials or other works in accordance with the above licenses will not infringe any third party rights.
Indemnification for Content Provided by You. You are solely liable for all of the content of any information, material or works that You submit to The Holler, and agree to indemnify and hold harmless The Holler for any damages or actions arising out of such information, material or works You submit.
Third Party Content
The Holler may provide content authored by third parties such as commentary, articles, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of The Holler. The Holler will not be liable for the truth or accuracy of Third Party Content.
The Holler Intellectual Property
The Site contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Site. “The Holler”, The Holler logos, and the domain names derived therefrom are trademarks of The Holler. Site content and laYout are copyright The Holler. The visual appearance of the Site is protected trade dress of The Holler under 15 U.S.C. § 1125 et seq.
Rights Of Intellectual Property Owners
DMCA Compliance. The Holler respects the intellectual property rights of others, and operates the Site in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to The Holler by postal mail and/or email to:
[INSERT DMCA AGENT INFO]
Notices and Counter Notices. Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringe their intellectual property rights may send notice to The Holler’s Designated Agent requesting that The Holler remove Your User Provided Content or other content You provide the Site. Valid notices must include the following information:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow The Holler to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable The Holler to contact You;
v. a statement to the effect that You have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Upon receiving a valid request from such an owner, The Holler will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter notify The Holler in accordance with 17 U.S.C. § 512.
Warranties and Limitations of Liability
THE HOLLER HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE.
Limitation on Liability. Without limiting the foregoing, The Holler will not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the Site or otherwise, even if The Holler has been advised of the possibility of such damages, costs or losses. In no event will The Holler’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
Any dispute arising out of use of the Site or this Agreement will be governed by the laws of the State of Arkansas, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Arkansas, and agree not to bring any action against The Holler in any other jurisdiction. Nothing in this Agreement will limit the rights of The Holler to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
Entire Agreement. This Agreement embodies the entire agreement between You and The Holler and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, amendment of any provision by You will be binding unless The Holler agrees to such modification, deletion or amendment in writing.
No Waiver. No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
Severability. If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest