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TERMS
OF USE
PLEASE READ THESE TERMS OF USE PRIOR TO USING THIS SITE (the
"Site").
By using the Site, you are assenting to these terms of use. If you do not
agree with these terms, please do not use the Site. BUBBA AND THE BIG BAD
BLUES LTD. reserves the right in their sole discretion, to modify, alter or
otherwise update these Terms of Use, and you agree to be bound by these
changes. You agree to review these Terms of Use on a periodic basis.
COPYRIGHT NOTICE
All materials on the Site, including but not limited to written content,
images, illustrations, audio clips, and video clips ("Material")
are protected by copyrights owned or controlled by Bubba and the Big Bad
Blues, Ltd. ("Bubba").
The Material presented here may not under any circumstances be resold or
redistributed for compensation of any kind without prior written permission
from Bubba. Materials on this site are for entertainment, publicity and
promotional use only. They may be used only as described herein. The
Materials contained in the Site are protected under the copyright and
trademark laws of the United
States and other countries. UNAUTHORIZED
COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING,
TRANSMITTING, DISTRIBUTION, OR DUPLICATING OF ANY OF THE MATERIAL (WHETHER
FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED.
DISCLAIMERS
THE MATERIALS OF THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUBBA AND THE BIG BAD BLUES LTD.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE. BUBBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
QUALITY, ADEQUACY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Bubba is not responsible in any way for any damage to, or virus that may
infect, a user’s computer hardware or software or other property, as a result
of use of the Site, or a user’s downloading of any data or information from
the Site. Bubba is further not responsible in any way for the content,
claims, offers, statements and visual elements of any site that is linked to
or from this Site, regardless whether the link was authorized by Bubba. Bubba
reserves the right to modify the Site in any way by deletion or addition of
any provision contained in the Site. Bubba uses reasonable efforts to ensure
that information contained in the Site is accurate as of the date of
publication, but makes no warranty or representation with respect to the
accuracy of such information.
While Bubba does not routinely review or verify messages or material posted
by users to message boards, Bubba is not responsible, and shall have no
liability, for any messages or materials posted by users of the Site on
message boards. Bubba reserves the right to remove messages or material
posted by users of the Site to message boards or other areas, in its sole
discretion. By submitting messages and/or material to the Site, each user
agrees to indemnify, defend and hold harmless Bubba from all damages, costs
and expenses, including reasonable attorney’s fees and costs arising out of
all claims, challenges or actions, including claims for infringement, libel
and slander, related to the user’s submission.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUBBA SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUBBA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
INDEMNIFICATION
You agree to indemnify Bubba for any and all claims, damages, losses, and
causes of action arising out of your posting of any email, image, or other
content on the Site, your unauthorized publication or transmittal of Material
or your failure to comply with these Terms of Use.
COPYRIGHT AGENT
Bubba respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located
on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Bubba's Copyright Agent for notice of claims of copyright infringement on its
site is an asshole, so just email Bubba and hell take care of it, or go pound
salt in your ass!
JURISDICTIONAL ISSUES
This agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Drunkenness
as it is applied to agreements entered into and to be performed entirely
within such State, without regard to its conflict of law provisions. Any
action related to this site shall be brought in either the State or Federal
Courts or Heroes Bar & Grill.
OTHER
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable in whole or in part, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions. The failure of Bubba to exercise
or enforce any right or provision of these Terms of Use shall not constitute
a waiver of such right or provision. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Site must be filed within one (1) year after such claim
or cause of action arose or be forever barred. Now get bent!
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