Legal Notices for Super70s.com
Terms of Service
INTRODUCTION
Welcome to the Internet Sites of the Mondout Media. Mondout Media includes
Super70s.com, Awesome80s.com, Virtual90s.com, BaseballChronology.com,
PopCultureverse.com and other sites affiliated with Mondout Media (each a
"Mondout Media Site"). Mondout Media is operated by Patrick Mondout
(referred to herein as "we", "us", or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
MONDOUT MEDIA SITE. By using this Mondout Media Site, you signify your agreement
to these terms of use. If you do not agree to these terms of use do not use the
Mondout Media Site. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of this Mondout Media Site
following the posting of changes to these terms will mean you accept those
changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any Mondout Media Site are the copyrighted
property of Mondout Media, or its subsidiaries or affiliated companies and/or
third party licensors. All trademarks, service marks, and trade names are
proprietary to Mondout Media or its affiliates. No material from any Mondout
Media Site or any Internet site owned, operated, licensed, or controlled by us
or our affiliates may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, non-commercial home use
only, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from any Mondout Media Site.
For purposes of these terms, the use of any such material on any other Web site
or computer environment is prohibited. All trademarks, service marks, trade
names and trade dress are proprietary to us.
SUBMISSIONS
Mondout Media Sites allow visitors to its site to post
comments on the Site ("Submissions"). If you post reviews or comments
on a Site, you expressly grant Mondout Media and its affiliates a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such comments throughout the universe in any media.
Without limitation of the foregoing, we shall exclusively own all now known or
hereafter existing rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions. You represent and warrant that you own or otherwise
control all of the rights to any Submissions or other content that you post on
this site and that use of your Submissions or other content by Mondout Media and
its affiliated sites will not infringe upon or violate the rights of any third
party. You also grant Mondout Media and its affiliates and sublicensees the
right to use the name that you submit with any Submission, if any, in connection
with such Submission. You also grant Mondout Media and its affiliates and
sublicensees the right to edit any submitted comments.
CHAT ROOMS/FEEDBACK/FORUMS/BLOGS
The Mondout Media Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, 'Communication Services'), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Promote any commercial activity without prior written consent from Mondout
Media.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Messages posted via our feedback system or any chat rooms/forums/blogs/discussion
boards left by visitors are solely the opinion and responsibility of the person
posting the message. Mondout Media is not responsible for messages left by
visitors. You are responsible for your own posts. Mondout Media has no
obligation to monitor the Communication Services. However, Mondout Media
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Mondout Media reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Mondout Media reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Mondout Media's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Mondout Media does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, Mondout Media specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized Mondout Media spokespersons, and their views do not necessarily
reflect those of Mondout Media.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mondout Media Site, you warrant to Mondout
Media that you will not use the Mondout Media Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the Mondout Media Site in any manner which could damage, disable, overburden, or
impair the Mondout Media Web Site or interfere with any other party's use and
enjoyment of the Mondout Media Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Mondout Media Sites.
CONTENT LINKED TO ANY MONDOUT MEDIA SITE
Please exercise discretion while browsing the Internet using any Mondout
Media Site. You should be aware that when you are on a Mondout Media Site, you
could be directed to other sites that are beyond our control. There are links to
other sites from Mondout Media pages that take you outside of our service. For
example, if you "click" on an advertisement or a search result, the
"click" may take you off the Mondout Media Site. This includes links
from advertisers, sponsors, and content partners that may use our logo(s) as
part of a co-branding agreement. These other sites may send their own cookies to
users, collect data, solicit personal information, or contain information that
you may find inappropriate or offensive. In addition, advertisers on Mondout
Media Sites may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to any Mondout
Media Site.
DISCLAIMER
THE MATERIALS IN THIS MONDOUT MEDIA SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY MONDOUT MEDIA SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MONDOUT MEDIA SITE OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MONDOUT MEDIA SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any Mondout
Media Site. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from any
Mondout Media Site or third party content on our sites. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites and third
party content. We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
personal information. You hereby indemnify, defend and hold us and our
affiliates and our officers, directors, owners, agents, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liabilities and costs
(including reasonable attorneys fees) incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement or
claims arising from your usage of our Sites. You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MONDOUT MEDIA SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MONDOUT MEDIA SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any Mondout Media Site are
presented solely for the purpose of promoting music, books, films, and other
products available in the United States and its territories, possessions, and
protectorates. Mondout Media is controlled and operated by Patrick Mondout in
Arizona. We make no representation that materials on any Mondout Media Site are
appropriate or available for use in any particular location. Those who choose to
access a Mondout Media Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of all Mondout Media Sites and
destroying all materials obtained from any and all such sites and all related
documentation and all copies and installations thereof, whether made under the
terms of these terms or otherwise. Your access to any and all Mondout Media
Sites may be terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of these terms. Upon
termination, you must cease use of the Mondout Media Site and destroy all
materials obtained from such site and all copies thereof, whether made under the
terms of these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of
the State of Oregon, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Washington County, Oregon and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
We may give notice to our users by means of a general notice on any Mondout
Media Site, electronic mail to a user's e-mail address on our records, or by
written communication sent by first class mail to a user's address on our
records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
- Service Provider: Mondout Media
- Name of Agent Designated to Receive Notification of Claimed Infringement:
Patrick Mondout
- Full Address of Designated Agent to Which Notification Should be Sent:
9603 W Glen Oaks Circle
85351
To be effective, the notification must be a written communication that
includes the following:
- A physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party may be
contacted;
- A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
- 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 an exclusive right that is allegedly infringed.
Privacy Statement
We have posted our privacy statement here.
Any rights not expressly granted herein are reserved by Mondout Media.
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