Terms of Service
Last modified: May 31, 2012
Welcome to http://www.johnmayer.com (the “Website”), which is owned and operated by Rodemode, Inc. (the “Company”, “we” “our” or “us”).
The Company may, in its sole discretion, modify or revise these Terms at any time. You agree to review the Terms periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modification of the Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
WEBSITE MEMBERSHIP AND SUBSCRIPTION TO MAILING LIST
In order to become a Member of the Website (a “Member”) or subscribe to the mailing list of the Website to receive newsletters and updates (a “Subscriber”) you must register through our online member registration process or connect through your Facebook account and/or subscribe for the mailing list through our subscription process available on the Website. In doing so, you agree to: (i) abide by all obligations, terms and conditions set forth in these Terms; and (ii) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration and/or subscription process. By registering to become a Member or subscribing to the mailing list, you acknowledge and agree that we may communicate with you electronically. By connecting to the Website via a third party service (e.g., Facebook), you give us permission to access, store and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
Users of the Website are permitted to have only one Membership registration per person and one Subscription per person. If we determine that a single person has joined (or attempted to join) more than once, or if we receive multiple registration and subscription applications from a single and/or cluster of e-mail addresses or IP addresses, we reserve the right to cancel any and all applicable registrations and/or subscriptions by such person. The Company, in its sole absolute discretion, has the right to refuse to allow you to become a Member (or to revoke your Member account) and not include you on any mailing list of the Company. You must be at least 18 years of age to become a Member or Subscriber. By becoming a Member or Subscriber, you represent and warrant that you are at least 18 years of age. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at firstname.lastname@example.org.
GENERAL USE OF THE WEBSITE
You agree to respect the rights of others and exercise good judgment in your use of the Website. Use of the Website and Member registration and sign up are offered at the discretion of the Company and the Company has the right to modify or discontinue, temporarily or permanently, any part of the Website, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that the Company will not be liable to you or any third party for any modifications or discontinuance of any part of the Website (including any content thereon).
The Website may include content feeds from, and hyperlinks to, other websites and may include features otherwise powered by third parties. Because we have no control over third-party online services including, without limitation, unaffiliated websites, you acknowledge and agree that we are not responsible for such online services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such online services or your interactions with such third party services. For example, the Website contains links (e.g., the “Store” link) to a third party website selling merchandise. Your interactions with such third party merchant are solely between you and such merchant, and you hereby release us from any liability in connection therewith. You also acknowledge and agree that the Company 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from any third party online services. Third party online services are subject to separate terms, conditions, policies and procedures established by the owners or operators thereof.
You represent, warrant, and agree that you will not:
disable, circumvent, or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website;
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website;
harvest or collect any personally identifiable information from the Website, including, without limitation, passwords, user names, or e-mail addresses;
solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website for any purpose without the express written permission of Company, frame the Website or any content thereon except to the extent we have given you explicit permission to do so, or use any of our trademarks as meta tags;
attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
use network-monitoring software to determine architecture of or extract usage data from the Website;
decompile, reverse engineer, disassemble, modify or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Website;
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
violate any applicable laws, including any U.S. export laws; or
engage in any conduct that restricts or inhibits any other user from using or enjoying the Website or that violates these Terms.
You agree to cooperate fully with Company’s investigation of any suspected or actual activity that would constitute breach of these Terms.
You also agree that you will be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of the Website and you will be responsible for all charges related thereto.
We provide the Website for entertainment, educational and promotional purposes only. You may not rely on any information or opinions expressed on the Service for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of all content on the Website. We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
You acknowledge and agree that your use of the Website, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Website, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Website for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of these Terms and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
You are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
Please remember that you are solely responsible for your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Website, or any user’s action or inaction.
YOUR CONTENT AND CONDUCT
We may allow Members, Subscribers and/or other Website visitors to submit, make available on, upload and/or post comments and other content to the Website (“User Content”). By submitting, making available, uploading, or posting any User Content to the Website, either directly or indirectly via a linked third party platform (such as Facebook), you hereby grant us a perpetual, fully-sublicensable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such User Content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. In connection with User Content you submit or post via the Website, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by these Terms. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content that you create, transmit or display and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website, other products or services, and advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way. You grant to us and our sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Content you submit to us. You grant us and our sublicensees the right to use all names and likenesses that you submit in connection with our or their exploitation of your User Content.
You represent and warrant to us that you have all the rights, capacity, power, and authority necessary to grant the above rights and licenses.
You agree to abide by all applicable laws in connection with your use of the Website, and not to engage in any activity that burdens or interferes with the normal operation of the Website. You further agree not to submit or post any User Content that: (i) includes any language or other content that, in the Company’s determination, is vulgar, harassing, demeaning, offensive or disparaging with regard to another Website user, Member, Subscriber, a representative of the Company, or any other individual or entity; (ii) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (iii) is libelous, defamatory or slanderous, (iv) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (v) is pornographic, sexually explicit or otherwise inappropriate, (vi) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vii) is designed to or does harass, threaten, defame or abuse others, (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or (x) is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.
We do not review all User Content (although we reserve the right to do so), nor do we confirm the accuracy or validity of information posted. We do not actively monitor all User Content, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted by any third party. If you feel that any User Content is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted and appropriate. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
We reserve the right, but have no obligation, to monitor, disable or remove any User Content (in whole or in part) at any time, without prior notice and in our sole discretion for any reason or no reason.
The Company expressly reserves the right to immediately modify, suspend or terminate your Member or Subscriber status or privileges (if any), and to otherwise ban you from accessing or using the Website, and to refuse to send you any newsletters or updates, for any reason, including, without limitation, if: (i) the Company, in its sole discretion, believes you have violated or attempted to violate the Terms; (ii) we become aware of information indicating a safety concern involving you, other users of the Website, or the general public, or (iii) the Company in its sole discretion, believes that you have acted inconsistently with the spirit or letter of the Terms. Upon such suspension or termination, we may immediately remove your name from any mailing list and/or delete all User Content related to you.
All material on the Website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to the Company and is protected by copyright, trademark, and other applicable intellectual property laws. Provided you are in full compliance with these Terms, we grant you a limited license to access and make personal normal use of the Website, but not modify any portion of the Website, except as specifically authorized by us on the Website or otherwise with our express written consent. This license does not include (i) any resale or commercial use of the Website, or the contents of the Website; (ii) any derivative use of the Website and/or its contents; or (iii) any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our prior express written consent in each instance.
We respect the intellectual property rights of others, and we ask our users to do the same. We may, in our sole and absolute discretion, terminate or suspend the account or user privileges of any Member or other person who we suspect to have violated this Agreement, applicable law, our rights, or the rights of any third party.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY 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 HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR ANY OTHER INTERACTIONS WITH US. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its affiliates, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) the use of or access to or reliance upon the Website by you (or any person using your Member account credentials); (ii) your violation of any term of these Terms; (iii) your violation of any applicable law or third party right, including without limitation any copyright, intellectual property, or privacy right; and (iv) any User Content submitted by you or any person using your Member account credentials. This defense and indemnification obligation will survive these Terms and your use of the Website.
DIGITAL MILLENIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s designated agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement, please notify the Company’s designated agent Mick Management by email at email@example.com. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) and to consult with a legal advisor before sending your notice of claim. You should note that there can be penalties for false claims under the DMCA. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the Member accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
COMMUNICATIONS BY US
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Website, and other communications.
The Website is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our Website is held and processed in the United States of America. These Terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms without our prior written consent and any such attempted assignment is deemed null and void. Company may assign these Terms to any entity or person. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms and the relationship between you and us shall be governed by the laws of the State of Virginia and the United States of America without regard to any conflict of law provisions. 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 Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any controversy or claim you initiate that arises out of or relating to the Website and/or these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with any hearing taking place in Charlottesville, Virginia and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org or write to us at Rodemode Inc., c/o Mick Management, 35 Washington Street, Brooklyn, New York 11201; Phone: 212.425.6425.