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