Last Updated: November 2010
This agreement does not cover your rights or responsibilities with respect to third party content, sites or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify PeakVibe for any claims related to such activities. This is the entire and exclusive agreement between you and PeakVibe regarding use of the Website and it cannot be modified, except as specifically described herein. Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the Website may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, “Materials”) located or found on the Website. All Mateirals contained and existing on the Website are protected by United States and international copyright law, and other federal and international laws.
This Website is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.
The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Website, you should confirm any facts that are important to your decision. You may print material from the Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. (Please refer to the Copyright and Trademark Notice below). You may not modify or use the Materials for any other purpose without our express written consent. You may not reproduce, republish, post, transmit, publicly display, publicly perform, or distribute in print or electronically any Material published or provided on this Website.
This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website. PeakVibe is not responsible for, and cannot guarantee the performance of, the goods and services provided by our advertisers or others to whose websites we link, or the promotions or events promoted by the advertisers or sponsor who promote such events.
2. Ownership of Intellectual Property
All Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Website including, without limitation, the selection, sequence and “look and feel” and arrangement of items, (individually and/or collectively “Material”), are the property of PeakVibe, its affiliates, licensors, clients, advertisers, sponsors, or suppliers and are legally protected, without limitation, under the U.S. federal and state laws, as well as applicable foreign laws, regulations and treaties. PeakVibe may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution of the Materials or design elements of the Website for any purpose are strictly prohibited without the express written consent of PeakVibe or its owner if PeakVibe is not the owner. This prohibition includes, without limitation, the reposting of RSS feeds of the Website or any portion thereof on other websites for any purpose whatsoever. All rights in the company names, trade names, logos, product packaging and designs of PeakVibe or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to PeakVibe, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any Materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of PeakVibe or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
3. Copyright & Trademark Notice and Agent
This Website is the copyright of PeakVibe, LLC. and its licensors, all rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(3), if you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide a written communication to PeakVibe, LLC:
- (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- (b) a description of the copyrighted work that you claim has been infringed;
- (c) a description of where the material that you claim is infringing is located on the Website;
- (d) your address, telephone number and e-mail address;
- (e) 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; and
- (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PeakVibe and PeakVibe is not responsible for the contents of the Linked Sites. PeakVibe provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by PeakVibe in favor of any company offering Internet services, products or services on the Linked Sites.
Other sites may link without prior permission to the Website’s home page. Any third party Website that links to the Website (a) shall not create a frame, browse or border environment around any of the content of the Website; (b) may link to, but not replicate, Website content; (c) shall not state directly or imply that PeakVibe is endorsing or sponsoring it or its products or services; (d) shall not present false information about PeakVibe or its products or services; (e) shall not use PeakVibe trademarks without the prior written permission of PeakVibe; (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (g) shall not otherwise violate any copyright interest of PeakVibe or other affiliated party whose information and/or Material are available on the Website.
5. No Solicitation
You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of PeakVibe.
6. No Spamming
Users of this Website may include chat rooms, forums and/or other public-posting areas and users may post their e-mail addresses in those public areas. In the event such posting are made, you agree not to utilize these e-mail addresses for purposes of spamming (i.e., unsolicited e-mail).
7. Chat Rooms, Bulletin Boards, Other Forums
If, in the future, this Website includes chat rooms, forums and/or other public-posting areas such as user comments, PeakVibe will not and cannot review every posting that may be made in those public areas. PeakVibe will not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of PeakVibe’s staff. PeakVibe will not be responsible for any material posted in any chat room or on any bulletin board or forum and will not be responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Website.
PeakVibe shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the chat room, bulletin boards and forums to determine compliance with this Agreement and any operating rules established by PeakVibe and to satisfy any law, regulation or authorized government request. PeakVibe shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.
By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
All material you submit to the Website, including e-mails, becomes the sole and exclusive property of PeakVibe. PeakVibe may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. PeakVibe does not consider any material you submit to the Website to be confidential or proprietary.
8. Promotions and Contests
The Website may, from time to time, contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.
9. Membership and registration
Certain areas of this Website require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. PeakVibe reserves the right to reject any user name that is, in PeakVibe’s sole and absolute judgment, offensive. You agree to notify PeakVibe of any unauthorized use of your user name and/or password. You must be at least 13 years old to register on the Website.
10. Purchase of merchandise
In the event any merchandise or services are offered for sale via this Website which are listed at an incorrect price or contain other incorrect information, PeakVibe shall have the absolute right to refuse or cancel any order placed for such merchandise or services and PeakVibe is released from liability for same. Your only remedy is to return to PeakVibe or a third party offering that merchandise for a refund, at PeakVibe’s or the third party’s sole discretion.
PeakVibe welcomes your comments but does not accept unsolicited submissions for programming, Websites and other products and we cannot review your submissions. PeakVibe has adopted this policy to avoid misunderstandings about projects PeakVibe develops which may appear to be similar to someone else’s idea, suggestion or material. If you choose to submit material to PeakVibe despite this request not to submit ideas for programming, Websites and other products, PeakVibe will not treat any submission as confidential. PeakVibe will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that PeakVibe has independently developed or that has or may come to PeakVibe from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of PeakVibe and will not be returned to you and PeakVibe shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of PeakVibe’s use of similar or identical material.
12. Event submissions
PeakVibe welcomes the public to post event data directly through the site via our members dashboard. By posting event data you agree to the following:
- You will not post content or take any action on PeakVibe that infringes or violates someone else’s rights or otherwise violates the law.
- PeakVibe has the right to remove any content or information you post on PeakVibe if we believe that it violates this Statement.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- You will not upload images that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and distribution permissions. An abuse of copyright law will result in immediate ban of abuser’s IP from using the PeakVibe service.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not post anyone’s identification documents or sensitive financial information on PeakVibe.
- You will not upload or make available any Content that spreads messages of terror or depicts torture or death-images; if serious enough, the content will be reported to the appropriate legal authority and/or the member’s ISP will be contacted.
While PeakVibe does everything we can to verify event data is true and accurate, PeakVibe is not responsible for the accuracy of user submitted event data and is not responsible for any damages, both physical or financial, from the result of inaccurate event information. If you feel any event posting on PeakVibe may be inaccurate, please contact us for a resolution.
13. Disclaimer and release of liability
YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER PEAKVIBE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. PEAKVIBE DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEBSITE.
PEAKVIBE DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEBSITE.
PEAKVIBE IS NOT LIABILE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. PEAKVIBE IS NOT LIABILE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT PEAKVIBE’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PEAKVIBE FOR THE USE OF THE WEBSITE.
Often, events posted on PeakVibe carry with them inherit risks, dangers and hazards for anyone participating in those events. PeakVibe is not responsible for the safety and well being of any event participant and any such question over safety and well being should be addressed with the event holder.
15. Governing Law
This Website originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Colorado. You consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado in all disputes arising out of or relating to this Agreement or use of this Website without regard to conflict of laws or choice of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. PeakVibe makes no representations regarding the legality of access to or use of the Website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.
17. Entire Agreement
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.