Terms of Service:
This agreement is with weareallinlocal.com (our website) and its parent, ALL IN.
Please read this Agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree to become bound by the terms of this agreement. If you do not agree to all the terms of this agreement, then you may not access or use any of our services. If these terms are considered an offer by weareallinlocal.com or its parent ALL IN or affiliates, acceptance is expressly limited to these Terms.
Our services are not directed to children. Access to and use of weareallinlocal.com is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our services to include our community message board. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our community message board requires a user created profile. You agree to provide us with complete and accurate information when you create a profile. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
If you create a member profile on weareallinlocal.com you are responsible for maintaining the security of your account and user uploaded content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the weareallinlocal.com community forum. You must immediately notify weareallinlocal.com of any unauthorized uses of your account or any other breaches of security. weareallinlocal.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you create a profile and post content to weareallinlocal.com, post links on weareallinlocal.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using weareallinlocal.com you represent and warrant that your content and conduct do not violate these Terms or the User Guidelines. By submitting content to weareallinlocal.com for inclusion on our community forum (member profile, forum post, comment, etc...), you grant weareallinlocal.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing, and promoting your content. This license allows weareallinlocal.com to make publicly-posted content available to third parties (WIX.com for example) selected by weareallinlocal.com so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other weareallinlocal.com users permission to share your content on other websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete content, the operators of this website will use reasonable efforts to remove it from weareallinlocal.com, but you acknowledge that caching or references to the content may not be made immediately unavailable. Without limiting any of those representations or warranties, weareallinlocal.com has the right (though not the obligation) to, in weareallinlocal.com's sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in weareallinlocal.com's reasonable opinion, violates any weareallinlocal.com policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of weareallinlocal.com to any individual or entity for any reason. weareallinlocal.com will have no obligation to provide a refund of any amounts previously paid.
Web Traffic. We use a third party to measure weareallinlocal.com's audience and usage. By posting on weareallinlocal.com you agree to assign the traffic relating to your post activity to weareallinlocal.com and authorize us to sign a traffic assignment letter on your behalf for audience measurement reports. If we require additional documentation to verify ownership of your user uploaded content, you agree to make reasonable efforts to accommodate such requests.
Advertisements. weareallinlocal.com reserves the right to display advertisements on our website.
2. Responsibility of Visitors.
We have not reviewed, and cannot review, all of the material (site materials) posted to our website by users or anyone else, and are not responsible for any content, use, or effects. We do not endorse any content or represent that content is accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use or downloading of site materials. If you access or use any site materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 4 below to submit copyright complaints) and other proprietary rights, of third parties. Any sales or services offered through our website are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any products, services or site materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of site materials.
3. Community Guidelines.
The weareallinlocal.com community message board is designed as a place for musicians and music professionals to gather, exchange ideas, services, and make friends. It is the responsibility of all users to report content in violation of these guidelines to moderators or weareallinlocal.com in order to keep our community space in congruence with its original intent, to bring people together.
A) NO EXTREMISM OR "HATE SPEECH" - A differing opinion does not necessarily reflect an extremist view. Site moderators, operators, and owners will ultimately decide which content may or may not be removed unless superseded by local or federal laws.
B) NO PORNOGRAPHY
C) NO ILLEGAL CONTENT OR ACTIVITY - (Such as but not limited to attempted drug sales, child pornography, scams, fraudulent activity, predatory behavior, suspected animal abuse, etc...) Any suspected illegal content or activity will be removed immediately and depending on the nature may be reported to authorities in Travis County, TX.
D) NO BULLYING, THREATS TO OTHER MEMBERS, OR CYBER STALKING - In some cases this may be illegal. All users are encouraged to protect themselves from any perceived violations of this nature by other members by reporting incidents to authorities as well as to moderators and/or operators of weareallinlocal.com.
E) NO SPAMMING
F) NO UNAUTHORIZED UPLOADING OF COPY WRITTEN IMAGES, DOCUMENTS, ETC... To learn more about copyright go here: www.copyrightalliance.org. Weareallinlocal.com adheres to guidelines established by the US Digital Millennium Copyright Act for reporting and removing copy written content.
Additionally weareallinlocal.com and its operators reserve the right to remove any content or suspend and/or remove any member profile for any reason at anytime.
4. Copyright Infringement and DMCA Policy.
As ALL IN and weareallinlocal.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to or by weareallinlocal.com violates your copyright, you are encouraged to notify weareallinlocal.com in accordance with weareallinlocal.com's Copyright Policy under guidelines set forth by the US Digital Millennium Copyright Act. Weareallinlocal.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Weareallinlocal.com will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ALL IN, weareallinlocal.com, or others. In the case of such termination, ALL IN nor weareallinlocal.com will have no obligation to provide a refund of any amounts previously paid to ALL IN or weareallinlocal.com.
5. Intellectual Property.
This Agreement does not transfer from ALL IN to you any ALL IN or third party intellectual property (with exception to specific branding and content located on this website which has been registered with creative commons), and all right, title, and interest in and to such property will remain (as between the parties) solely with ALL IN. ALL IN and weareallinlocal.com, logos and all other trademarks, service marks, graphics and logos used in connection with ALL IN or weareallinlocal.com, are trademarks or registered trademarks of ALL IN. Other trademarks, service marks, graphics and logos used in connection with our website may be the trademarks of other third parties. Your use of our website grants you no right or license to reproduce or otherwise use any ALL IN or third-party trademarks.
We are constantly updating our website, and that means sometimes we have to change the legal terms under which our website is governed. We reserve the right to make these changes with or without notification to users. Your continued use of our website will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the terms (including any binding individual arbitration clauses) that were in place when the dispute arose.
ALL IN and weareallinlocal.com may terminate your access to all or any part of our websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your weareallinlocal.com membership (if you have one), you may simply discontinue using our website. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Any products or services offered by members are provided “as is.” ALL IN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ALL IN, weareallinlocal.com, nor its suppliers and licensors or affiliates, makes any warranty that our website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our website at your own discretion and risk.
9. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas.
10. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
11. Limitation of Liability.
In no event will ALL IN, weareallinlocal.com, sponsors, affiliates or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to weareallinlocal.com under this Agreement during the twelve (12) month period prior to the cause of action. weareallinlocal.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that your use of our website:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
13. US Economic Sanctions.
You expressly represent and warrant that your use of our website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and weareallinlocal.com reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless ALL IN, weareallinlocal.com, contractors, sponsors, affiliates and licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our website, including but not limited to your violation of this agreement or materials (such as computer software, items for sale, services offered, or content) that you post.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between weareallinlocal.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ALL IN, or by the posting by ALL IN of a revised version.
If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; weareallinlocal.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.