Untitled DocumentGENERAL POLICY
The Official Site of Drowning Pool - Policy
MEMBERSHIP POLICY
* Any behavior that is detrimental to Drowning Pool, DrowningPool.com, Paid,
Inc. (hereinafter collectively “US” or “WE”), any employees
affiliated with either, will not be tolerated and including but not limited
to (1) profanity or obscenities; (2) libel, threatening, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, defamatory, obscene, fraudulent,
harmful, threatening, abusive or hateful mail, email, telephone conversations,
message board postings, or personal confrontations (3) displaying any personal
information about oneself or that of another including but not limited to address
and telephone number; (4) any information posted, emailed that is of a commercial
nature or contains advertising or solicitations.
In consideration for being a member of DrowningPool.com, participating in any
and all DrowningPool.com contests, promotions, purchasing products and attending
fan programs hosted by US, you agree to authorize US to use your name, voice,
portrait and likeness, including, any statements, interviews or performances
of you in any video, recorded, filmed, taped, and/or photographed material created
by US in connection with the DrowningPool.com membership contest, promotion,
purchases and attendance and/or fan program (collectively referred to as “the
Work”). WE have the right to use the Work for any purpose, including but
not limited to any related advertisement, promotion and publicity for us, and
to exhibit, produce, broadcast, distribute, and otherwise exploit the Work in
whole or in part, through any and all means and all media, whether now known
or hereafter developed, throughout the world into perpetuity. WE shall have
the right to edit, modify, add to and/or delete any or all of the material contained
in the Work, including that material which contains the member’s or non-member’s
name, voice, portrait and likeness, in whole or in part. Except as otherwise
expressly provided herein, the member and/or non-member shall not receive any
compensation whatsoever in connection with his/her services and performances
in connection with or as part of the Work, the use and exploitation of the Work
or the exercise of the rights granted herein.
Terms of Use
Acceptance of Terms through Use
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the “Terms of Use”). If
you do not agree to these Terms of use, you must not use this Site.
Proprietary Rights
The website and the organization and layout of the website, including all materials
posted by DrowningPool.com and Paid, Inc. are owned and copyrighted by DrowningPool.com,
(hereinafter collectively “US” or “WE”). The website
may be accessed, downloaded or printed for personal, non-commercial use only.
Without the prior written permission of US you may not copy, distribute, or
transfer any material on the website in whole or in part, except as specifically
provided herein.
Links to Other Websites
Links to other websites are provided as navigation tools only. These other websites
contain information created, published, maintained, or otherwise posted by persons
or entities independent of US. WE do not control these websites and are not
responsible for the information or links you may find there. WE do not guarantee
the content, accuracy, completeness, or privacy policies of information on other
websites. The presence of these links does not constitute or imply an endorsement,
recommendation, or preference by US. The owners/operators of these websites
do not necessarily endorse our products or services, nor are they responsible
for the content of this Site. WE are not responsible for, and expressly disclaims
all liability for, damages of any kind arising out of use of, reference to,
or reliance on such information.
Responsibility for Content
If you transmit material to US or post material to this website, you represent
that such material is owned by you, or used with permission of the copyright
holder. You grant US a royalty-free, perpetual, non-exclusive right to use,
and to authorize others to use, this material in all forms and media throughout
the world.
You agree not to post or transmit material that is libelous, defamatory, obscene,
fraudulent, harmful, threatening, abusive or hateful, that contains nudity or
pornography, that violates the property rights of others (including without
limitation infringing use of a copyright or trademark), that violates the privacy
or publicity right of others, or that is in violation of any applicable laws.
You may not use the website to advertise or sell products or services to others.
WE are not responsible for any content or material posted by users of the website.
If any user violates this Agreement, or if WE believe in good faith that any
portion of the material a user posts to the website infringes any copyrights
or proprietary rights, or is otherwise inappropriate in OUR sole discretion,
WE reserve the right, in our sole discretion, to edit or delete in whole or
in part such posted material. Posted messages, participation in forums and chat
rooms, and any other user posted content contain the opinions and views of the
individual website user, not necessarily the views of US.
DISCLAIMER OF WARRANTY
WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION,
SERVICES, AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR WORMS CONTAINED
WITHIN THE ELECTRONIC FILES IS DISCLAIMED. WE ARE NOT RESPONSIBLE FOR ANY LOSS
OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER
REASONS. LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS,
LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.
Indemnification
You hereby agree to defend, indemnify and hold US harmless from all claims,
liabilities, damages and expenses (including attorney’s fees and expenses
arising out of or relating to your use and/or misues of this Site, purchases
of goods and services posted on this site, and any alleged breach of the Terms
of Use by you.
Changes to the Agreement
WE may make improvements or changes in the information, services, products,
and other materials on the website, or terminate the website, at any time without
notice. WE may modify this Agreement at any time, and such modifications shall
be effective immediately upon posting of the modified agreement.
Entire Agreement
This Agreement constitutes the entire and only agreement between US and you
and may not be modified except in writing signed by all parties.
Jurisdictional Issues
The website is controlled and operated by Paid, Inc.from its offices within
the Commonwealth of Massachusetts, United States of America. "WE"
make no representation that materials on the website are appropriate or available
for use in other locations. Those who choose to access this website from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. In addition please
note that the website is intended for use only by United States residents. "WE"
acknowledge the global reach of the World Wide Web, however, countries outside
the United States may have other legal or regulatory requirements, which require
reference to different or additional information. Therefore, the website may
not be appropriate for use outside the United States or by anyone other than
a United States resident.
General
This Agreement and the resolution of any dispute related to this Agreement shall
be governed by and construed in accordance with the laws of the Commonwealth
of Massachusetts, without giving effect to any principles of conflicts of law.
Any legal action or proceeding between the parties related to this Agreement
shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in Massachusetts.