LAST UPDATED: JUNE 26, 2010
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT & SERVICES
You understand that all postings including photos or other materials ("Content") posted on, transmitted through, or linked from Horn-Ball Texas Tailgaters, SP, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via our site. You understand that Horn-Ball Texas Tailgaters, SP does not control, and is not responsible for Content made available through itâ€™s site, and that by using our site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Horn-Ball Texas Tailgaters, SP site and Content available through the site may contain links to other websites, which are completely independent of Horn-Ball Texas Tailgaters, SP. Horn-Ball Texas Tailgaters, SP makes no representation or warranty as to the quality, accuracy, completeness or authenticity of the information or services represented on our site. You agree that you must evaluate, and bear all risks associated with, the use of our site, that you may not rely on said services, and that under no circumstances will Horn-Ball Texas Tailgaters, SP be liable in any way for any Content, Services Received or for any loss or damage of any kind incurred as a result of the use of any Content Posted or Services Rendered via Horn-Ball.com. You acknowledge that Horn-Ball Texas Tailgaters, SP does not pre-screen or approve Content, but that Horn-Ball Texas Tailgaters, SP shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through our site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Horn-Ball Texas Tailgaters, SP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Horn-Ball Texas Tailgaters, SP is under no obligation to become involved. In the event that you have a dispute with one or more third parties, you hereby release Horn-Ball Texas Tailgaters, SP, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct.
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
6. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HORN-BALL TEXAS TAILGATERS, SP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HORN-BALL TEXAS TAILGATERS, SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HORN-BALL TEXAS TAILGATERS, SP SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HORN-BALL TEXAS TAILGATERS, SP SITE OR THE SERVICE, FROM INABILITY TO USE THE HORN-BALL TEXAS TAILGATERS, SP SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HORN-BALL TEXAS TAILGATERS, SP SITE OR ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HORN-BALL TEXAS TAILGATERS, SP SITE OR ANY LINKS ON THE HORN-BALL TEXAS TAILGATERS, SP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HORN-BALL TEXAS TAILGATERS, SP SITE OR OTHER SERVICE PROVIDERS OR ANY LINKS ON THE HORN-BALL TEXAS TAILGATERS, SP SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
7. INDEMNITY You agree to indemnify and hold HORN-BALL TEXAS TAILGATERS, SP, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through our site, your use of our site, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.