MissRollerDerby.com Terms of Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.


This Site is free to use by our visitors. And by using this Site, you the User are agreeing to comply with and be bound by the following document, herein referred to as “Terms of Use.”  After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this Site.  The term “MissRollerDerby.com” or “us” or “we” or “our” refers to the owner of the Website, Nick Lovell Photography.  The term “you” refers to the User or viewer of our Website.


Acceptance of Agreement.


You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our Site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products and/or services provided by or listed on the Site, and the subject matter of this Agreement. We may amend this Agreement at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.


Copyright.


The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to intellectual property rights. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.  You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posing of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the Site is the copyrighted work of third parties.  Users agree not to post any material whatsoever that they do not have permission to post, whether under copyright or other proprietary laws.  Any material found on the Site that is thought to violate another’s intellectual property will be removed from the Site, and the User who has posted such content may be banned from the Site without warning, at the sole discretion of the Site owner (see “Deleting and Modification” below).  Finally, we cannot be held responsible for any material posted by a User that violates the rights of a third party.  While we will make every reasonable effort to remove any content that is suspected to violate such rights, solely the Users are responsible for the content they post.


Trademarks and Service Marks.


“Miss Roller Derby,” “MissRollerDerby.com” etc. are our registered Service Marks or Trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners. 


Deleting and Modification.


We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.


Indemnification.


You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.


Limited License; Permitted Uses.


You are granted a non-exclusive, non-transferable, revocable license (a) to access an use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances


Disclaimer.


THE CONTENT AND/OR SERVICES FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU, THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.


Limits.


All responsibility or liability for any damages caused by viruses or any malicious software inadvertently spread via the Site is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site.


Third-Party Websites.


All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked Websites will apply to you while on such Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked Websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked Sites, you do so at your own risk.


Third-Party Products and Services.


We advertise third-party linked Websites from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by third-party linked Websites. Third-party linked Websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked Websites. You agree that use of such third-party linked Websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked Websites or for any information appearing on third-party linked Websites or any other Site linked to or from our Site.


Submissions.


All suggestions, ideas, notes, concepts, entries, forum posts, questions and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.


General.


You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the Site, shall be litigated in the circuit court of Los Angeles County, California or the United States District Court for the Central District of California.  You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Los Angeles, California or the central district of California is an inconvenient forum or an improper forum based on lack of venue. This Site is controlled by Nick Lovell Photography in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.


LEGAL WARNING.



Any attempt by any individual to damage, destroy, hack, tamper with or vandalize the MissRollerDerby.com Website or the Miss Roller Derby™ Contest, or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Nick Lovell Photography will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.