All intellectual property on the Website (except for User Generated Content defined below) is owned by Hell On Wheels MC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Hell On Wheels MC; All rights reserved.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by Hell On Wheels MC. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Hell On Wheels MC a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
CONTENT IS NOT PRESCREENED
Hell On Wheels MC does not prescreen User Generated Content. Hell On Wheels MC does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Hell On Wheels MC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Hell On Wheels MC chooses to monitor any User Generated Content, Hell On Wheels MC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Hell On Wheels MC reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
WEBSITE USE RESTRICTIONS
COPYRIGHT INFRINGEMENT CLAIMS
We respect and honor the intellectual property rights of others. If you believe that your work has been copied and posted on the Website, such that it constitutes infringement, please provide us with the following information:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Website that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The Website contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Hell On Wheels MC’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Hell On Wheels MC is not responsible or liable for any loss or damage resulting from any interaction with other Website users, persons you meet through the Website, or persons who find you because of information posted on, by or through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, and conduct any necessary investigation before meeting another person. Hell On Wheels MC is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Hell On Wheels MC is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Hell On Wheels MC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Hell On Wheels MC cannot guarantee and does not promise any specific results from use of the Website. Hell On Wheels MC does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Hell On Wheels MC does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Hell On Wheels MC reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Hell On Wheels MC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Hell On Wheels MC EVENT OR ANY USER GENERATED CONTENT, EVEN IF Hell On Wheels MC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST Hell On Wheels MC FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF Hell On Wheels MC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, Hell On Wheels MC’S LIABILITY SHALL NOT EXCEED US$5,000.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.