ISIS MUSIC HALL AND RESTAURANT, LLC
TERMS OF SERVICE AND USE AGREEMENT
License and Access to the Web Site
No person under the age of eighteen (18) is authorized to access or use this Web Site. User access to, and use of, the Web Site is subject to all applicable federal, state and local laws and regulations. Use of this Web Site is void where prohibited. By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
Isis grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site for informational purposes. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Isis’s, text, page layout, or form) of Isis or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to Isis. Any use of the Web Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site or any portion thereof.
Before using certain areas of the Web Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
In order to access certain portions of the Web Site, you may be required to register and create a membership account (“Account”) with Isis. Information gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Statement. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Web Site. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.
Restrictions on Your Use
All content within the Web Site and any materials made available on these pages for downloading, if any, are the property of Isis and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.
To the extent applicable, when accessing the Web Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Do not submit, post or otherwise transmit via the Web Site information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Statement) from disclosure.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site (other than User Generated Content), including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Isis or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of Isis or the express written consent of the appropriate third party, as applicable. Except as provided herein, Isis does not grant to you any express or implied rights to Isis or any third party’s Intellectual Property.
Content License From You
As between you and Isis, you may possess certain copyright intellectual property rights you have under law in content that you may submit, display and/or post via the Web Site. This content, which includes, but is not limited to your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Web Site and your submission and/or posting of User Generated Content grants Isis, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to Isis with respect to the use of such User Generated Content in connection with the Web Site and any subsequent version or modification thereof, and is subject to limitation only by your removal or Isis removal of such User Generated Content from the Web Site.
You agree and acknowledge that the forgoing license grants to Isis and its affiliates the full right and authority to use User Generated Contents for any purpose related to the Web Site, including the marketing, sale, syndication, and development of the Web Site and any successors thereto. This license includes an unrestricted right and authority for Isis to make the User Generated Content available to sublicense to other companies, organizations or individuals with whom we have a relationship.
You agree and acknowledge that Isis and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Web Site and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Isis and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
Your use of the Web Site and your submission and/or posting of User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to Isis the forgoing license granted to Isis and its affiliates and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
Isis is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is any way sponsored or endorsed by Isis. Isis reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion.
This Web Site may provide or include links to other world wide web sites or resources. While Isis attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Isis’s standards, please understand that the content on these third-party websites is subject to change without notice to Isis. Because we have no control over such sites and resources, you acknowledge and agree that Isis is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ISIS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Isis prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Web Site, you must contact Isis to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
Any use of the Web Site or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. Isis disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Web Site.
ISIS MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. ISIS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ISIS DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER ISIS, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEB SITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEB SITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEB SITE; OR (4) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
ISIS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL ISIS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAWET, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.
Although this Web Site is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Web Site is controlled and operated by Isis from its offices within Asheville, North Carolina. Isis makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using this Web Site, you agree to indemnify Isis and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site. By using the Web Site, you are hereby agreeing to release Isis and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Isis with respect to this Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Isis with respect to this Web Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site, and any use of the Web Site after such revisions have been posted signifies your consent and agreement to the modified Terms.
This Agreement was last modified and is effective as of
September 20, 2012.