Accounts and Content.
1. In order to access some features of the Website, you may have to create an Account. You may never use another’s Account without permission. When creating your Account, you agree to only provide accurate and complete information. Only one Account per person is allowed, unless otherwise expressly approved by Owner. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Owner immediately of any breach of security or unauthorized use of your Account. Although Owner will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Owner or others relating to any such unauthorized use.
2. Either you or Owner may at any time terminate your Account, for any reason or no reason, with or without notice.
4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.
6. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by Owner.
7. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.
8. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any Owner page.
9. You agreed not to disclose your password to any third party or permit any third party to access your Account.
10. You may not sell, license, or otherwise transfer your Account, except by operation of law.
1. Copyright. If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
1.2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
1.3. 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;
1.4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
1.5. a statement that you have 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; and
1.6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1.7. Owner’s designated “Copyright Agent” to receive notifications of claimed infringement is: The Ring Firm 2859 Paces Ferry Road, Suite 1750 Atlanta, Georgia 30339, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Owner customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
4. Trademarks – Use of. You may use the Marks or product names to refer to Owner’s products and services, provided you follow the following guidelines whenever the Marks appear:
4.1. Your use of the Marks must not mislead consumers or imply as to any sponsorship, affiliation, or endorsement of your company, or your products or services by Owner.
4.2. You should not use the Marks, or any other trademarks, service marks, logos, or trade names of Owner, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party’s products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
4.3. At least upon the first occurrence of each of the Marks, the ™ symbol shall appear.
4.4. In any material in which the Marks appear, a notice in the following format will be added: “TIN LIZZY’S TAQUERIA CANTINA and the associated logo, are trademarks of Tin Lizzy’s Holdings, LLC”.
4.5. All Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Owner, without any variations of same.
4.6. The Marks shall be used as an adjective followed by the generic term for the product/service.
4.7. These guidelines are not a definitive statement of proper brand and trademark use. Owner reserves the right to oppose any uses of the Marks that Owner, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Owner further reserves the right to revise these guidelines at any time, without notice.
1. User Disputes. You are solely responsible for your interactions with other Users. Owner reserves the right, but has no obligation, to monitor disputes between you and other Users.
2. Eligibility. Using the Services and/or purchasing Products is void where prohibited. You represent and warrant that you are at least 18 years of age.
3. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
4. Non Commercial Use by Users. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Owner. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by Owner.
5. Disclaimers. Owner is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. Owner is not responsible for the conduct, whether online or offline, of any User. Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall Owner be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND OWNER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Owner DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.
6. Limitation on Liability. IN NO EVENT SHALL OWNER OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OWNER’S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OWNER FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
7. U.S. Export Controls. Software from the Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Void Where Prohibited. Owner administers and operates the Website from its location; other Owner sites may be administered and operated from various locations outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Owner reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Owner is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.