Turlybird's Terms and Conditions

Dated 11/15/2012

The following describes the End User License Agreement and Privacy Policy (“EULA”) by which Turlybird, LLC, owner and creator of an online events calendar, collection of online resources, advertising, ticket purchasing, links to third parties and other features, offers you access to our website located at http://www.turlybird.com and Turlybird mobile app located in the Apple iTunes Store (collectively referred to as "the Service").  Turlybird reserves the right to deny access to the Service to any person who violates these terms and conditions. 

IMPORTANT:  PLEASE READ THE EULA CAREFULLY.  THE EULA IS BETWEEN YOU (“You” and “Your”) and TURLYBIRD, LLC (“turlybird” or “we” or “us” or “our”).  BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS OF THE EULA.  IF YOU ARE NOT IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS SET FORTH BELOW, YOU ARE NOT PERMITTED TO USE THE SERVICE.

GENERAL / OVERVIEW

BY USING OR ACCESSING THE SERVICE, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.  WE RESERVE THE RIGHT TO MODIFY THE EULA AT ANY TIME.  IT IS YOUR RESPONSIBILITY TO CHECK THE EULA PERIODICALLY FOR CHANGES AS IT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND US.  BY USING THE SERVICE AFTER WE POST CHANGES TO THE EULA, YOU AGREE TO ACCEPT AND BE BOUND BY THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM.  IF YOU DO NOT AGREE TO THE EULA, DO NOT USE THE SERVICE.

CONTENT 

You understand that all information including, but not limited to, event listings, text, files, images, photos, video, sound, content, communication, or other materials (referred to hereafter as "Content") posted on, transmitted through, or linked to or from the Service, is the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for all Content that you post, link email or otherwise make available to the Service.  You understand that turlybird does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that you may consider to be offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Furthermore, the Service and Content available through the Service contains links to other websites, which are completely independent of turlybird.  Turlybird makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your use of the Service and in linking to other websites is at your own risk.  You agree that you must evaluate and bear all risks associated with the use of any Content, that you rely on said Content at your own risk, and that under no circumstances will turlybird be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use or reliance of any Content posted, emailed or otherwise made available via the Service.  You acknowledge that Turlybird is not obligated to pre-screen or approve Content.  You further acknowledge that turlybird cannot and does not monitor or manage Content, and does not guarantee the accuracy, integrity, or quality of Content.  All Content provided to the Service is the sole responsibility of the person who provided it.  This means that you are entirely responsible for all Content that you provide.  To protect your safety, please use your best judgment when posting Content.  Please be advised that you may be held liable for any Content that infringes on the legal rights of third party, including, without limitation, Content that violates copyright or intellectual property rights and Content that is deliberately false, misleading, harmful or defamatory. 

We grant you a limited, non-exclusive, non-transferable license to use the Service, solely for your personal non-commercial use.  The Content of the Service is protected by copyright and trademark laws and is the property of the owners.  You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Service.  Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Service.  You must abide by all additional copyright notices or other restrictions contained in any of the Service. 

By posting Content on the Service, including posting Content on any interactive area of the Service such as a comment forum, blog space, message or chat area, you represent, warrant and agree to the following: (1)  you own or otherwise have all necessary rights to the Content you provide, the right to allow us to make your Content available for others to view and use as part of the Service without requiring that any such use be subject to additional obligations or terms, and that you have the rights to provide the Content under these terms and conditions; (2) the Content will not cause injury to any person or entity; (3) you are posting Content that is accurate and up-to-date; and (4) by posting Content, you accept full responsibility and awareness that you may be held liable for any violations of the rights of third parties including, but limited to, claims for false or defamatory statements, invasion of privacy, intentional or negligent infliction of emotional distress, and misappropriation of right of publicity.

You acknowledge and agree that if you make disclosures on the Service divulging personal phone numbers and addresses or other Content that can be used to identify or locate you or anyone else, you do so fully understanding that such information could be used to identify you. 

You understand that once you post Content, it becomes public.  We are not responsible for keeping any Content confidential. 

You acknowledge that we shall have the right (but not the obligation) in our sole discretion, to move, remove, block, edit, or refuse any Content for any reason.  We further reserve the right to re-publish, at our sole discretion, any Content on the Service.  We do not endorse any Content or support any views, opinions, recommendations, or advice that may be posted on the Service.  Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any Content.  You may be offended by Content that you see on the Service.  You may find some of it to be inaccurate, offensive, indecent, or objectionable.  However, you agree not to hold us responsible in any way for your use of the Service, including your exposure to Content.

For all Content you make available to the Service, you grant us and our affiliated entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Content, in any form, format, or medium, of any kind now know to later developed.  Without limiting the generality of the previous sentence, you authorize us to share the Content across all affiliates of turlybird or its owners, to include the Content in a searchable format accessible to users of the Service, to place advertisements in close proximity to such Content, and to use your name, likeness and any other provided information in connection with its use of the material you provide.  You waive all moral rights with respect to any Content you provide to us.  You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using any such information.  All rights in this paragraph are granted without the need for compensation of any sort to you.

REGISTRATION

Registration is not required to view Content on the Service.  If you want to post a listing, upload a photo or video, comment or write a review, or participate in a contest, registration will be required.  If you register with us, you accept all activities that are associated with your registration.  By registering with us, you agree to provide correct, true and accurate information and further agree to update your registration information as necessary to keep it correct, true, accurate and up-to-date.   Registering under a false identity is prohibited.  If you register under a false identity or violate any of these terms and conditions, we reserve the right to terminate your use, registration and access to the Service.  You are responsible for maintaining the confidentiality of your password and for restricting others from using your registration information to access the Service. 

LINKING

Links to third party web sites may be provided with the Service.  If so, they are provided solely as a convenience to you.  If you use these links, you leave the Service.  We have not reviewed all third party sites and do not control and are not responsible for any of these sites or their content.  We do not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them.  If you access any third party sites linked to the Service, you do so at your own risk.  You must use your own discretion when you go to other websites.

CONDUCT

You may not:

use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content available with the Service; 

take any action to interfere with, or disrupt the Service, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions;

use the Service for any illegal purpose;

post the same message in multiple threads;

upload or transmit viruses or other harmful, disruptive or destructive files, code or material;

take any action to interfere with, or disrupt, the Service, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions;

make derogatory or offensive comments about another individual or entity;

submit Content, to include material covered by someone else's copyright, trade secret, patent, publicity, privacy or other proprietary right, that you don't have the right to submit, unless you have the owner's permission; or

collect or gather other people's personally identifiable information from the Service.

TERMINATION OF THE SERVICE

You agree that we have sole discretion to modify, remove and discard any Content within the Service, to delete, block or deactivate your account, or to otherwise suspend, restrict or terminate your access or use of the Service, without liability or notice to you.

INDEMNITY

You agree to defend, indemnify and hold us harmless, and our partners, affiliates, officers, directors, promoters, representatives, agents, employees, investors, advertisers, independent contractors, consultants, service providers, and other applicable third parties (such as licensors and partners) (collectively, the “Indemnified Parties”) from and against any and all actual or threatened suit, claim, obligation, demand, costs, losses, damages, liabilities and expenses including, but not limited to, damage awards, settlement amounts and reasonable attorney's fees) brought against any Indemnified Party, arising out of or relating to: (1) your use of the Service or connection with the Service; (2) your conduct; (3) your violation of this EULA; (4) your violation of any rights of or harm to any third-party; and/or (5) use of the Service by anyone else on your device.

STATUTE OF LIMITATIONS

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or related to any aspect of the Service or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

LIMITATION OF LIABILITY

Turlybird, and our partners, affiliates, officers, directors, promoters, representatives, agents, employees, investors, advertisers, independent contractors, consultants, service providers, and other applicable third parties (such as licensors and partners) (collectively, the “Indemnified Parties”) shall not be liable to you or any other party for any loss of profits, loss of use, loss of revenue, loss of goodwill, interruption of business, or for any indirect, special, incidental, exemplary, punitive, physical, mental or consequential losses of any kind arising out of or in connection with the Service, or your use of the Service, regardless of the form or action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.  Our total cumulative liability including, but not limited to, any liability with respect to any loss of profits, loss of use, loss of revenue, loss of goodwill, any bodily or mental injury, interruption of business, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out or in connection with the Service, or your use of the Service, to you or any third party whether in contract, tort, strict liability or otherwise will not exceed the amount paid by you to us.  Multiple claims will not expand this limitation.

DISPUTES

These terms and conditions will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to conflict of law provisions.  You agree to submit to the personal and subject matter jurisdiction of the courts located within Pennington County, South Dakota and will resolve any claim, cause of action or dispute you have with us arising out of your use or relationship with us or the Service in a state or federal court located in Pennington County, South Dakota, without regard to any principals of conflicts of law. 

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

To file a notice of infringement you must provide a written communication by regular mail that sets forth the following: 

  • Identify in detail the copyrighted work you believe is being infringed upon;
  • Provide sufficient information about where the material you claim is infringing the copyrighted work listed in item #1 above is located on the Service so we can identify it.
  • Provide contact information so we may contact you.
  • Provide contact information of the owner or administrator of the allegedly infringing content.
  • Provide a statement that you are acting in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law.
  • Provide a statement that under penalty or perjury that the information you provide in the notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the owner.
  • Sign the notice.
  • Send the written notice to the following address:

 Turlybird, LLC
Attn:  Turlybird Legal Support, DMCA Complaints
1506 Mt. View Rd., Ste. 101
Rapid City, SD  57702

or fax to: 

(605) 348-9086 
Attn:  Turlybird Legal Support, DMCA Complaints

GOOGLE MAPS

This Service incorporates location-based map features provided by Google Maps.  Your use of these features is governed by Google’s Terms of Use.  Use of real-time route guidance features is at your sole risk.  Location data may not be accurate.  You agree to be bound by Google’s Terms of Use if you use the location-based map features provided by Google Maps.

FOURSQUARE VENUE INFORMATION

This Service incorporates venue information provided by Foursquare.  Your use of venue information provided by Foursquare is governed by Foursquare’s Terms of Use.   Use of Foursquare venue information is at your own risk.  Venue information may not be accurate.  You agree to be bound by Foursquare’s Terms of Use if you rely on venue information provided by Foursquare.

 FLICKR IMAGES

This Service incorporates images provided by FLICKR.  Your use of these features is governed by FLICKR’S Terms of Use.  Use of images displayed on this Service is at your sole risk. You agree to be bound by FLICKR’S Terms of Use if you use images provided by FLICKR.

DISCLAIMER OF WARRANTIES

The Service is provided to you on an "as available" and "as is" basis without representations, warranties, covenants or conditions of any kind.  We, and our suppliers, do not warrant that the Service will be free from all bugs, errors, or omissions.  We, and our suppliers, disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the application whether alleged to arise by operation of law, by reason of custom or usage or otherwise, including any and all (1) warranties of merchantability, (2) warranties of fitness or suitability for any purpose (whether or not we know, have reason to know, have been advised, or are otherwise aware of any such purpose), (3) warranties of non-infringement or condition of title, and (4) warranties that the Service will operate without interruption or error.  You acknowledge and agree that you have relied on no warranties.  This disclaimer and exclusion will apply even if the express warranty set for above fails of its essential purpose.. 

You expressly understand and agree the Service is without warranty.  To the fullest extent permitted by law, all warranties, express and implied, including warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed.  Turlybird disclaims warranties for accuracy, reliability, timeliness, security, or performance of any service advertised or received through the Service.  Turlybird disclaims warranty of any goods received or advertised on the Service, or goods that are accessed through links on the Service.  Use of the Service is entirely at your own risk. 

PRIVACY POLICY

By using this Service you are also bound by our Privacy Policy, which is incorporated into this UCLA by this reference.  Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy. 

SEVERABILITY

A provision of this Agreement held to be invalid or enforceable will not affect the validity or enforceability of the remaining provisions.

WAIVER

You hereby consent to and waive any and all defenses of lack of personal jurisdiction and forum non convenient with respect to jurisdiction and venue in the state and federal courts of Pennington County, South Dakota.

SECTION TITLES

The section titles used in these terms and conditions are used for convenience only and carry no legal or contractual effect.

CONTACT US

To contact us you may do so by mail using the following contact information:       

Turlybird, LLC 
1506 Mt. View Rd., Ste. 101
Rapid City, South Dakota 57702

Copyright (c) 2010-2012 Turlybird, LLC.  All rights reserved.