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Terms & Conditions
1. Introduction
This page states the Terms and Conditions under which you may use
www.trailsideentertainment.com (the "Web Site"). Please
read this page carefully. If you do not accept these Terms and Conditions,
do not use this Web Site. By using this Web Site, you are indicating
your acceptance to be bound by these Terms and Conditions. Trailside
Entertainment may revise these Terms and Conditions at any time
by posting an update to this page. You should visit this page periodically,
because your continued use of the Web Site following the posting
of changes to these Terms and Conditions will mean you accept those
changes. The terms "you" and "user" as used
herein refer to all individuals and/or entities accessing the Web
Site for any reason.
2. Use of Material
The site contains information intended for U.S. residents only.
Products described may or may not be available in other countries
or regions of the world, may be available under different trademarks
in different countries and, where applicable, may be approved or
cleared by a government regulatory body for sale or use with different
indications and restrictions in different countries.
The contents of this Web Site, such as text, graphics, images and
other material ("Material"), are owned by Trailside Entertainment
and its licensors and vendors, and are protected by United States
and foreign intellectual property laws. Unauthorized use of the
Material may violate copyright, trademark and other laws.
Trailside Entertainment authorizes you to view and download a single
copy of the material on the Web Site solely for your personal use,
provided you retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for
any public or commercial purpose. The use of the Material on any
other web site or in a networked computer environment for any purpose
is prohibited.
You may not copy or adapt the asp or other code that Trailside
Entertainment uses to generate its pages. This code is also protected
by Trailside Entertainment's copyright.
3. Acceptable Site Use
General Rules: You may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive
or hateful.
Security Rules: You are prohibited from violating or attempting
to violate the security of the Web Site and from using the Web Site
to violate the security of other web sites by any method, including,
without limitation, (a) accessing data not intended for you or logging
into a server or account which you are not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measurers without
proper authorization, (c) attempting to interfere with service to
any user of the Web Site, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, or (e) forging any Trailside Entertainment
packet header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. Trailside Entertainment may
investigate violations of these Terms and Conditions and may involve
and cooperate with law enforcement authorities in prosecuting users
of the Web Site who are involved in such violations.
Specific Prohibited Uses: Trailside Entertainment specifically prohibits
any use of the Web Site, and you agree not to use the Web Site,
for any of the following:
" distributing or otherwise publishing, without Trailside Entertainment's
approval, any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services;
" soliciting other users of the Web Site to join or become
members of any commercial online service; or
" deleting or revising any material posted by any other person
or entity.
4. Trailside Entertainment's Liability
The Material may contain inaccuracies or typographical errors. Trailside
Entertainment makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The
use of the Web Site and the Material is at your own risk. We reserve
the right, at our discretion, to modify, add, or remove portions
of the Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the
form, content and accuracy of any material placed by you on the
Web Site.
TRAILSIDE ENTERTAINMENT DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, TRAILSIDE ENTERTAINMENT IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. TRAILSIDE ENTERTAINMENT, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRAILSIDE ENTERTAINMENT
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS
OR LINKS.
5. Disclaimer of Consequential Damages
IN NO EVENT WILL TRAILSIDE ENTERTAINMENT, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE
OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAILSIDE
ENTERTAINMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Links to Other Sites
The Web Site may contain links to third party web sites. These links
are provided solely as a convenience to you and not as an endorsement
by Trailside Entertainment of the contents on such third-party web
sites. Trailside Entertainment is not responsible for the content
of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party
sites. If you decide to access linked third-party sites, you do
so at your own risk.
Trailside Entertainment 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 Trailside Entertainment, since these
sites are owned and operated by independent parties. Trailside Entertainment
does not endorse any of the services or products, nor has Trailside
Entertainment taken any steps to confirm the accuracy or reliability
of any of the information contained in such third-party sites. Trailside
Entertainment does 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. We strongly encourage you
to make whatever investigation you feel necessary or appropriate
before proceeding with any online or off-line transaction with any
of these third parties.
7. Limitation of Liability
The aggregate liability of Trailside Entertainment to you for all
claims arising from the use of the Materials is limited to $100.
8.Termination
Trailside Entertainment reserves the right, at its sole discretion,
to immediately terminate your ability to access the Web Site and/or
any other service provided to you by Trailside Entertainment, upon
any breach by you of these Terms and Conditions.
9. Indemnity
You agree to defend, indemnify, and hold harmless Trailside Entertainment,
its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and Conditions.
Trailside Entertainment will provide notice to you promptly of any
such claim, suit, or proceeding and will assist you, at your expense,
in defending any such claim, suit or proceeding.
10. General
Trailside Entertainment makes no claims that the Materials may be
lawfully viewed or downloaded outside of the United States. Access
to the Materials may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. These Terms and Conditions are
governed by the internal substantive laws of the Commonwealth of
Massachusetts, without respect to its conflict of laws principles.
Jurisdiction of any claims arising under these Terms and Conditions
will lie exclusively with the state or federal courts within Boston,
Massachusetts. If any provision of these Terms and Conditions is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision will not affect the validity of
the remaining provisions of these Terms and Conditions, which will
remain in full force and effect. No waiver of any provision of these
Terms and Conditions will be deemed a further or continuing waiver
of such provision or any other provision. Except as expressly provided
in an end user software license, or in a "Legal Notice"
or other statement by Trailside Entertainment on the Web Site, these
Terms and Conditions constitute the entire agreement between you
and Trailside Entertainment with respect to the use of Web Site.
No changes to these Terms and Conditions may be made except by a
revised posting on this page.
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