Terms of Use

Updated: September 19, 2018

 

Welcome to a Organization Name site (the "Site"). Thank you for visiting and have a great time!

 

It is important to us that you, and our other visitors, have the best possible time while using the

Site and that when you use this Site you are fully aware of your respective legal rights and

obligations. For that reason, we have created these Terms of Use as the legally binding terms to

govern your use of this Site. Please read these Terms of Use carefully before using the Site,

because they affect your legal rights and obligations.

 

Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use

this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

 

Some areas of this Site may be subject to additional terms and conditions, which you should read

carefully before making any use of those areas. Such additional terms will not change or replace

these Terms of Use regarding use of this Site, unless otherwise expressly stated.

 

Please note that these Terms of Use may be revised and reissued without notice at any time by

updating this posting. You should visit this page regularly to review the current Terms of Use. Your

continued use of the Site will be deemed as irrevocable acceptance of any revisions.

 

How To Contact Us This Site is controlled by Eric Church (collectively, "Eric Church"). Please forward any comments or complaints about the Site to [email protected] Please forward any questions regarding privacy to s[email protected] Please forward any questions regarding other legal matters to [email protected]

 

Your Registration To access this Site or some of the resources it has to offer, you may be asked

to provide registration details. It is a condition of use of this Site that all the details you provide be

correct, current, and complete. If we at Eric Church believe the details are not correct,

current, or complete, we have the right to refuse you access to the Site, or any of its resources,

and to terminate or suspend your account.

 

Unless we have received a properly completed and acceptable parental consent form governing

your use of this Site, we will assume (and by using this Site you warrant that) you have legal

capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient

age and mental capacity and are otherwise entitled to be legally bound in contract).

 

Online Privacy Notice Your privacy is important to us. To better protect your privacy, we provide a

notice explaining our online information practices and the choices you can make about the way

your information is collected and used at this site. To review this notice, which forms part of these

Terms of Use, please go here: Privacy Policy

 

Trademarks and Copyrights This Site and materials incorporated by Eric Church on this

Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights

("Copyrights"). Some of the characters, logos or other images incorporated by Eric Church

on this Site are also protected as registered or unregistered trademarks, trade names and/or

service marks owned by Eric Church or others ("Trademarks"). Eric Church

respects the intellectual property rights of others and asks users of this Site to do the same.

 

Your Use of Material Your right to make use of this Site and any Material or other content

appearing on it is subject to your compliance with these Terms of Use. Modification or use of the

Material or any other content on this Site for any purpose not permitted by these Terms of Use may

be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for noncommercial,

personal, entertainment use on a single computer only. The Material and all other

content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted,

transmitted, distributed or used in any way unless specifically authorized by Eric Church.

Any authorization to copy Material granted by Eric Church in any part of this Site for any

reason is restricted to making a single copy for non-commercial, personal, entertainment use on a

single computer only, and is subject to your keeping intact all copyright and other proprietary

notices. Using any Material on any other web site or networked computer environment is

prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code

used in any software on this Site 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.

 

Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND

ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER

CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT

PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, ERIC CHURCH AND ANY

SUBSIDIARIES OR AFFILIATED COMPANIES OF ORGANIZATION NAME ("ERIC CHURCH") DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT. ERIC CHURCH DOES NOT

WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,

UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE

SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS. ERIC CHURCH DOES NOT WARRANT OR

MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF

THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT

IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS,

ACCURACY, RELIABILITY, OR OTHERWISE. ERIC CHURCH MAKES NO

WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,

FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT

INFRINGE THE RIGHTS OF OTHERS AND ERIC CHURCH ASSUMES NO

LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS,

INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR

ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME

OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE

EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE

LAW.

 

Limitation of Liability ERIC CHURCH DISCLAIMS ALL LIABILITY WHETHER

BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,

AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,

PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR

OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY

OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES

OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS

UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF ERIC CHURH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT

LIMITATION, YOU (AND NOT ANY MEMBER OF ERIC CHURCH) ASSUME THE

ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT

OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR

ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS

WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Forums THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN

OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON

THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF ERIC CHURCH OR

CONTENT PROVIDERS. ERIC CHURCH DOES NOT UNDERTAKE TO MONITOR OR

REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF

ORGANIZATION NAME. ERIC CHURCH MAY REMOVE OR MODIFY ANY CONTENT

WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ORGANIZATION NAME'S SOLE

DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE

SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Submissions, Postings and E-mails Eric Church is interested in hearing from you

regarding your questions or comments about our Site. However, Eric Church does not

accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any

other materials) in any format, by any means of transmission (including email). Any such

submissions are either returned to the sender without being reviewed or deleted or discarded

without being reviewed. Therefore, please do not send any unsolicited submissions of any member

of Eric Church.

 

From time to time, areas on this Site may expressly request submissions of concepts, stories, or

other potential content from you ("Invited Submissions"'). Where this is the case, please carefully

read any specific rules or other terms and conditions which appear elsewhere on this Site to

govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional

Terms govern those submissions, then these Terms of Use will apply in full to any Invited

Submissions you make.

 

In any event, any material you send to us will not be treated as confidential.

 

Please act responsibly when using this Site. You may only use this Site and its contents for lawful

purposes and in accordance with applicable law and you are prohibited from storing, distributing or

transmitting any unlawful material through this Site. You may not collect or store personal

information regarding other users. You recognize that storing, distributing or transmitting unlawful

material could expose you to criminal and/or civil liability. You agree that if a third party claims that

material you have contributed to the Site is unlawful, you will bear the burden of establishing that it

is lawful. You understand and agree that all materials publicly posted (other than by Eric Church) or privately transmitted on or through this Site are the sole responsibility of the sender, not

Eric Church, and that you are responsible for all material you upload, post or otherwise

transmit to or through this Site.

 

We at Eric Church require that you do not post e-mails or submit to or publish through

Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

 

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing,

threatening or offensive;

(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor

appearing in the content;

(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for

personally identifiable details or otherwise;

(d) infringes any intellectual property or other right of any entity or person, including violating

anyone's copyrights or trademarks or their rights of publicity;

(e) violates any law or may be considered to violate any law;

(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside

information, proprietary or confidential information received in the context of an employment or a

non-disclosure agreement);

(g) advocates or promotes illegal activity;

(h) impersonates or misrepresents your connection to any other entity or person or otherwise

manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise

engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship

banners, and/or soliciting goods or services) except as specifically authorized on this Site;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer

code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of

any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able

to type, or otherwise act in a way which affects the ability of other people to engage in real time

activities via the Site;

(m) copies any other pages or images on this Site except with appropriate authority;

(n) includes MP3 format files;

(o) amounts to a 'pyramid' or similar scheme;

(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for

large files or large amount of data which are only linked from other sites). You must provide a

reasonable amount of content to accompany such material in order that at least some of the traffic

to your site comes directly via us;

(q) disobeys any policy or regulations established from time to time regarding use of this Site or

any networks connected to this Site; or

(r) contains links to other sites that contain the kind of content, which falls within the descriptions

set out at (a) to (q) above.

 

In addition, you are prohibited from removing any sponsorship banners or other material inserted

by Eric Church anywhere on this Site (e.g., on any web space made available for your use).

 

System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs"

(i.e., emailing copies of a single message to many users, or sending large or multiple files or

messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing

for business or other purposes) or undertake any other activity which may adversely effect the

operation or enjoyment of this Site by any other person.

 

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource,

contained on this Site.

 

Security Any usernames and passwords used for this Site are for individual use only. You shall be

responsible for the security of your username and password (if any). Eric Church shall be

entitled to monitor your username and password and, at its discretion, require you to change it. If

you use a username and password that Eric Church  considers insecure, Eric Church

will be entitled to require this to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities provided in connection with this Site to

compromise security or tamper with system resources and/or accounts. The use or distribution of

tools designed for compromising security (e.g. password guessing programs, cracking tools or

network probing tools) are strictly prohibited. If you become involved in any violation of system

security, Eric Church reserves the right to release your details to system administrators at

other sites in order to assist them in resolving security incidents.

 

Investigations Eric Church reserves the right to investigate suspected violations of these

Terms of Use, including without limitation any violation arising from any submission, posting or emails

you make or send to any Forum. Eric Church may seek to gather information from the

user who is suspected of violating these Terms of Use, and from any other user. Eric Church may suspend any users whose conduct or postings are under investigation and may remove

such material from its servers as it deems appropriate and without notice. If Eric Church

believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or

modify any submission, posting or e-mails, remove the material permanently, cancel postings,

warn users, suspend users and passwords, terminate accounts or take other corrective action it

deems appropriate. Eric Church will fully cooperate with any law enforcement authorities or

court order requesting or directing Eric Church. Eric Church to disclose the identity

of anyone posting any e-mails, or publishing or otherwise making available any materials that are

believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND

HOLD HARMLESS ALL MEMBERS OF ERIC CHURCH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE ORGANIZATION NAME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF ERIC CHURCH OR LAW ENFORCEMENT AUTHORITIES.

 

Service In order to use this Site, you must obtain access to the World Wide Web and pay any

service fee associated with that access. You will need to provide all equipment necessary to

connect to the Site on the World Wide Web (including a computer, modem and/or other access

devices).

 

Organization Name reserves the right to modify or discontinue, temporarily or permanently, all or

any part of this Site and/or any software, facilities and services on this Site, with or without notice,

and/or to establish general guidelines and limitations on their use.

 

Local Regulations Eric Church makes no representation that Materials or other content in

the Site are appropriate or available for use outside the United States, its territories, possessions

and protectorates. If you choose to access the Site from other locations you do so on your own

initiative and at your own risk.

 

You are responsible for complying with local laws, if and to the extent local laws are applicable.

You specifically agree to comply with all applicable laws concerning the transmission of technical

data exported from the United States or the country you reside in.

 

Indemnity You agree to indemnify and hold harmless Eri Church and its officers,

directors, employees, agents, distributors and affiliates from and against any and all claims,

demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your

breach of any of the foregoing provisions, representations or warranties, and/or from your

placement or transmission of any content onto Eric Church’s servers, and/or from any and

all use of your account.

 

Our Use of Content Eric Church will consider anything you provide to Organization Name

and/or contribute to this Site as available for our use free of any obligations to you, except where

solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on

this Site (see 'Submissions, Postings and E-mails' above), in which event those Additional Terms

will determine how we will treat your Invited Submissions.

 

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site

and/or providing any communication or material to Eric Church ("User Content"), you

automatically and irrevocably: (a) grant and assign to Eric Church a royalty-free, perpetual,

non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including

without limitation all copyright, together with all consents (if any) necessary to enable its

reproduction, distribution, modification, publishing and/or other exploitation by Eric Church

and/or by any person authorized by Eric Church, by any means and in all media now known

or hereafter devised, without payment or other reference to you or any other person, and to

advertise and promote such exploitation, for the full period of all such rights (together with any

extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the

User Content which may be available to you in any part of the world and confirm that no such

rights have been asserted; (c) appoint Eric Church as your agent with full power to enter

into any document and/or do any act Eric Church may consider appropriate to confirm the

grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the

User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content

will be subject to any obligation, of confidence or otherwise, to you or any other person and that

Eric Church shall not be liable for any use or disclosure of such User Content.

 

Third-Party Sites This Site may link you to other sites on the Internet. These sites may contain

information or material that some people may find inappropriate or offensive. These other sites are

not under the control of Eric Church, and you acknowledge that (whether or not such sites

are affiliated in any way with Eric Church). Eric Church is not responsible for the

accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.

The inclusion of such a link does not imply endorsement of any site by Eric Church or any

association with its operators.

 

Eric Church cannot ensure that you will be satisfied with any products or services that you

purchase from any third-party site that links to or from Eric Church since other shop

channels are owned and operated by independent retailers. Eric Church does not endorse

any of the merchandise, nor has Eric Church taken any steps to confirm the accuracy or

reliability of any of the information contained in such third-party sites. Eric Church does not

make any representations or warranties as to the security of any information (including, without

limitation, credit card and other personal information) you might be requested to give any third

party, and you irrevocably waive any claim against us with respect to such sites. We strongly

encourage you to make whatever investigation you feel necessary or appropriate before

proceeding with any online transaction with any of these third parties.

 

Proprietary Online Services Any area of this Site that is accessed through any proprietary online

service is subject to the rules, policies and guidelines of such proprietary online service.

 

Jurisdictional Issues The Materials and all other content in this Site are presented solely for the

purpose of providing entertainment and information and promoting programs, films, music, and

other products available in the United States, its territories, possessions, and protectorates.

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of

the State of California, as they are applied to agreements entered into and to be performed entirely

within California.

 

Any dispute of any kind between you and any member of Eric Church arising under

these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to

the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or

justice of any California state or federal court with substantial experience in the entertainment

industry and shall follow California law in adjudicating the dispute.

 

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable,

then that provision shall be deemed severable for this agreement and shall not affect the validity

and enforceability of any remaining provisions. This is the entire agreement between the parties

relating to the matters contained herein.

 

Claims of Infringement If you believe that any content appearing on this Site infringes your

copyright rights, we at Eric Church want to hear from you. Please forward the following

information in writing to the Copyright Agent at the address listed below:

 

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been

authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person

authorized to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is

accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Copyright Agent

[email protected]

Eric Church seeks to preserve any and all exemptions from liability that may be available

under the copyright law, but does not necessarily stipulate that it is a service provider as defined in

USC section 512(c) or elsewhere.