TERMS OF USE

 

Detroit Entertainment, L.L.C. d/b/a Sound Board ("Detroit Entertainment") owns and operates the website located at www.SoundBoardDetroit.com (the "Website"). By using and/or visiting the Website, including any Materials (as defined below) available through the Website, you agree to these terms and conditions (the “Terms of Use”) and to our Privacy Policy (the “Privacy Policy”). If you do not agree to any of these terms, then please do not use the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

1.       Access to the Website

 

Detroit Entertainment hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not use the Website or any Materials (as defined below) for any unlawful purpose; (iii) you will not use the Website for any activity which infringes on the rights of Detroit Entertainment or any third parties; (iv) you will not copy, upload, republish or distribute any part of the Website or Materials in any medium without Detroit Entertainment’s prior written authorization; (v) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (vi) you are at least 18 years of age; and (vii) you will otherwise comply with the Terms of Use and Privacy Policy.

 

 

2.       Roadies Club™

 

A.      Detroit Entertainment has established an email club to keep you advised of information regarding Sound Board, including notification of upcoming events (the “Roadies Club”). To participate in the Roadies Club, you will need to create an account. In order to create such an account, you will be required to submit certain personally identifiable information which may include your name, address, email address, telephone number, and the last four digits of your social security number (“Personal Information”), which Detroit Entertainment may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of our Privacy Policy. You may never use another’s account without his or her express permission and you may not provide another person with access to your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must immediately notify Detroit Entertainment of any breach of security or unauthorized use of your account.

 

B.      As a condition of participating in the Roadies Club, you represent that you have not been placed on or requested placement on the list of disassociated persons maintained by the Michigan Gaming Control Board, nor have you elected to be placed on Detroit Entertainment’s list of self-excluded persons, nor have you been otherwise barred from entering any part of Detroit Entertainment’s facility.

 

C.     You agree that Detroit Entertainment may refuse any request from a user to register for a Roadies Club account and may prohibit you from using and/or may cancel your Roadies Club account, at any time in its sole discretion, with or without notice, for any reason or no reason. You agree that Detroit Entertainment shall not be liable to you or any third party for refusing to register or cancelling a Roadies Club account.

 

3.       Materials, Use of the Website and Materials, Trademarks

 

A.     All materials on the Website, including, without limitation, all text, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, files, documents, images, software code, or other materials (collectively, the "Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials contained on the Website are owned by Detroit Entertainment, owned by other parties and used by Detroit Entertainment in accordance with applicable law, or licensed to Detroit Entertainment by the owner. In each such case all Materials are protected by copyright, trademark, and other intellectual property and unfair competition laws. Detroit Entertainment disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Except as expressly provided in these Terms of Use, no part of the Website or Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Detroit Entertainment, which may be denied for any reason at its sole discretion, or at the sole discretion of the respective owner(s) of the applicable Materials.

 

B.      You may not use any data mining, robots, or similar data gathering and extraction tools on the Website and/or Materials, frame any portion of the Website and/or Materials, or circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Website and/or Materials included therein. You agree not to collect or harvest any Personal Information from the Website, nor to use the communication systems provided by the Website, if any, for any commercial solicitation purposes. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Detroit Entertainment server, by hacking, password “mining,” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of the Website or exploit the Website or information made available by or through the Website.

 

C.     The “Sound Board” and “Roadies Club” names and logos, among others, are service marks owned and used by Detroit Entertainment. You are not authorized to use any name, logo, service mark, design mark or slogan owned by Detroit Entertainment without the prior written consent of Detroit Entertainment. Requests for authorization should be made to info@soundboarddetroit.com.

 

4.       Links to Third Party Websites

The Website contains links to other sites that are not affiliated with Detroit Entertainment (“Linked Sites”). The Linked Sites are provided to you solely as a convenience. The Linked Sites are neither owned nor under the control of Detroit Entertainment and Detroit Entertainment is not responsible for the content, privacy policies, viability, reliability or practices of any Linked Site or any site which has a link on a Linked Site. Detroit Entertainment reserves the right to terminate any link or linking program at any time for any reason. Detroit Entertainment does not endorse or approve companies, entertainers/artists, services or products to which it links. If you decide to access any of the Linked Sites, you assume sole responsibility for use of such Linked Site and do so entirely at your own risk. Accordingly, we encourage you to be vigilant when you leave the Website and to read the terms and conditions and privacy policy of any Linked Site that you visit.

 

5.       DISCLAIMER OF WARRANTIES

THE SERVICES AND MATERIALS ON THE WEBSITE ARE PROVIDED BY DETROIT ENTERTAINMENT SOLELY ON AN “AS IS” OR “AS IS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING FOR PURPOSES OF CREATING AND MAINTAINING A ROADIES CLUB ACCOUNT, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DETROIT ENTERTAINMENT AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. DETROIT ENTERTAINMENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY LINKED SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE MATERIALS OR THE CONTENT OF ANY LINKED SITES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY LINKED SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR THOSE OF ANY LINKED SITES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY LINKED SITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY LINKED SITES BY ANY THIRD PARTY AND/OR (VI) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE OR ANY LINKED SITES. DETROIT ENTERTAINMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITES.

 

6.       LIMITATION OF LIABILITY

IN NO EVENT SHALL DETROIT ENTERTAINMENT, ITS MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST USE, OR LOST DATA, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DETROIT ENTERTAINMENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

7.       U.S. Based Website

 

The Website is controlled and offered by Detroit Entertainment from its facilities in the United States of America. Detroit Entertainment makes no representations that the Website is appropriate or available for use in other jurisdictions. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

 

8.       Indemnity

You agree to indemnify, defend and hold harmless Detroit Entertainment, its members, successors, assigns, affiliates, officers, directors, and their respective employees and agents for, from, and against any claims, demands, obligations, liabilities, losses, costs, damages, fines, and expenses, including reasonable attorneys' fees and expenses, arising from: (i) your use of and access to the Website; (ii) your violation of any provisions of the Terms of Use or Privacy Policy ; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right.

 

 

9.       Digital Millennium Copyright Act

 

A.     If you are a copyright owner or an agent thereof and believe that any Materials infringe upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, by providing Detroit Entertainment with the following information in writing:

 

(i)                   A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

(ii)                 Identification of the copyrighted work claimed to have been infringed;

(iii)                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 us to locate the material;

(iv)                Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(v)                 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

(vi)                A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Notifications should be sent to info@soundboarddetroit.com or via regular mail to:

Detroit Entertainment, L.L.C.

Attn: Legal Department

2901 Grand River Ave.

Detroit, MI 48201

 

 

10.   Miscellaneous

 

A.     You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in Wayne County, Michigan and waive any objection to such jurisdiction or venue. If any portion of these Terms of Use is determined to be invalid or unenforceable, the remainder will continue to be in effect. Failure to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.

 

B.     Detroit Entertainment reserves the right to do any of the following, at any time for any reason, with or without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website; and (2) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

C.    Detroit Entertainment may amend these Terms of Use at any time and any such amendment will be posted on our Website. The amended Terms of Use will be effective upon posting on the Website and your use of the Website following any amendment of the Terms of Use constitutes your acceptance of the amended Terms of Use. If you have any questions concerning our Terms of Use or Privacy Policy, please contact us at info@soundboarddetroit.com.

 

 

Last updated June 2012