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Privacy Policy
Last updated 08/27/2003
Don’t blame us, our lawyers made us do it...
1. ACCEPTANCE OF TERMS
We will refer to the Lastcallsucks.com web site as the "Service".
We (that is Lastcallsucks.com and its other business groups and affiliates)
will provide the Service to you, subject to the following terms and conditions
– referred to as the "Service Agreement" or "SA",
which may be updated or modified by us from time to time without notice to you,
therefore you need to regularly check this agreement to stay up to date.
Your use of the Service will confirm your agreement to these terms and conditions
as well as your acceptance of the changes we make to the SA. In addition, when
using particular Lastcallsucks.com services subject to this SA, you and Lastcallsucks.com
shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are incorporated
by reference into the SA.
Consequently, PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING
OR USING LASTCALLSUCKS.COM. BY ACCESSING OR USING LASTCALLSUCKS.COM, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE LASTCALLSUCKS.COM. REMEMBER
THAT LASTCALLSUCKS.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF LASTCALLSUCKS.COM SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
Lastcallsucks.com is the premier nightlife destination on the internet in Gainesville,
FL., Tallahassee, FL., and Orlando, FL. Unless explicitly stated otherwise, any new features that augment or enhance
the current Service shall be subject to the SA. You understand and agree that
the Service is provided "AS IS" and that we do not assume responsibility
for the timeliness, deletion, mis-delivery or failure to store any user provided
content, communications, or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In return
for our enabling you to use the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself when necessary or as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or we have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
4. LASTCALLSUCKS.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. In addition, by using the Service, you acknowledge and agree
that Lastcallsucks.com may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the SA; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of Lastcallsucks.com,
its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register as described above,
you will also receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Lastcallsucks.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Lastcallsucks.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages, postings, or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not Lastcallsucks.com, are entirely responsible
for all Content that you upload, post, or otherwise transmit via the Service.
If you have included information available through the Service then you are
responsible for making modifications or updating information to the extent there
are errors or updates are required. Lastcallsucks.com does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Lastcallsucks.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content (for example,
if an event posted on Lastcallsucks.com is listed on the wrong date, place,
or time), or for any loss or damage of any kind incurred as a result of the
use of any Content posted, or otherwise transmitted via the Service.
You agree that you will not use the Service or the information obtained through
the Service (including without limitation, directory or event listings):
a. for solicitations, commercial or otherwise;
b. for incorporation into a commercial product or service;
c. to download directory listings or other information by using any type of
automated means;
d. for the purposes of soliciting, offending or harassing any person or persons;
e. to alter the directory listings, event listings, or other information, or
enter additional listings or Content which in any way: (i) are unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable, (ii) violates any patent, trademark, service mark, trade secret,
copyright or other proprietary rights ("Rights") of another, or (iii)
are known to be false or misleading at the time of entry.
f. harm minors in any way;
g. impersonate any person or entity, including, but not limited to, a Lastcallsucks.com
official, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
h. provide any Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
i. transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
j. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or
k. intentionally or unintentionally violate any applicable local, state, national
or international law.
(b) You acknowledge that Lastcallsucks.com does not pre-screen Content, but
that Lastcallsucks.com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse, move or remove any Content that is available
via the Service. Without limiting the foregoing, we shall have the right to
remove any Content that violates the SA or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content
created by us or submitted to us.
(c) You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. PUBLIC CONTENT POSTED TO LASTCALLSUCKS.COM
(a) For purposes of the SA, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a publicly accessible
area of the Service would include the Lastcallsucks.com Message Boards. Please
note that this Content may be seen by anyone using the Service.
(b) With respect to all other Content you elect to post to publicly accessible
areas of the Service, you grant Lastcallsucks.com the world-wide royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part) and/or
to incorporate it in other works, in any form, media, or technology now known
or later developed.
(c) You represent and warrant that you have all right, title and interest in,
or otherwise have the right to publicly display all Content that you post to
or transmit through the Service and that the Content you post to or transmit
through the Service does not infringe, or dilute any third party right.
8. LASTCALLSUCKS.COM’S RIGHTS AND REPRESENTATIONS
(a) Lastcallsucks.com reserves the right to deny access to you or any group
of users to the Service, at its sole discretion, at any time. Lastcallsucks.com
also reserves the right to remove any listings or other information or Content
from the Service at any time and at its sole discretion.
(b) Lastcallsucks.com cannot and does not guarantee or warrant that files available
for downloading through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Service for the reconstruction of
any lost data.
(c) LASTCALLSUCKS.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE,
AND LASTCALLSUCKS.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. LASTCALLSUCKS.COM DOES NOT
WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS
IS, AS AVAILABLE" BASIS. IN NO EVENT WILL LASTCALLSUCKS.COM (OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES)
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF LASTCALLSUCKS.COM OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LASTCALLSUCKS.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INDEMNITY
You agree to indemnify and hold Lastcallsucks.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your violation
of the SA, or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
Lastcallsucks.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Lastcallsucks.com shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
11. TERMINATION
You agree that Lastcallsucks.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if Lastcallsucks.com believes that you have violated or acted
inconsistently with the letter or spirit of the SA. Lastcallsucks.com may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this SA may be effected without
prior notice, and acknowledge and agree that Lastcallsucks.com may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Lastcallsucks.com shall not be liable to you or any third party
for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Lastcallsucks.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Lastcallsucks.com has no control over such
sites and resources, you acknowledge and agree that Lastcallsucks.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. You further
acknowledge and agree that Lastcallsucks.com 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 use of or reliance on any such Content, goods or services
available on or through any such site or resource.
14. ADS
Use of this site is contingent on acceptance of viewing of any and all advertisements
(ADS) sent on or by pages of this site. ADS include, but are not limited to:
banners, buttons and pop-up windows. Users found to be using screening or filtering
systems to remove or hide ads from Lastcallsucks.com may have their accounts
terminated without prior notice or warning.
15. LASTCALLSUCKS.COM'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Lastcallsucks.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or
in part.
The compilation of the contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is Lastcallsucks.com and in
some cases a third party. Lastcallsucks.com grants you a personal, non-transferable,
non-sublicenseable, and non-exclusive right and license to print and download
portions of directory or event listings from or other information found on the
Service solely for your own non-commercial use. Any other copying, redistribution,
retransmission, display or publication of any downloaded information is strictly
prohibited without the express written consent of Lastcallsucks.com.
You agree to grant to Lastcallsucks.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce, distribute, transmit,
create derivative works of, and publicly display any Content, including directory
listings and other materials or information such as ideas contained therein
for new or improved products and services you submit to Lastcallsucks.com (such
as through posting to public areas or mailing to Lastcallsucks.com) by all means
and in any media now known or hereafter developed. You also agree to grant to
Lastcallsucks.com the right to use your name in connection with the submitted
Content as well as in connection with all advertising, marketing and promotional
material related thereto. You grant Lastcallsucks.com non-exclusive, royalty-free,
worldwide permission to implement or use in any manner and in any media any
ideas or information contained in your communications. You further agree to
release Lastcallsucks.com from any claims of alleged or actual infringement,
or misappropriation of any proprietary rights that may result from such implementation
or use.
16. TRADEMARK NOTICES
Lastcallsucks.com, "Where the party never stops”, Campus Talk, are
trademarks and/or service marks of Lastcallsucks.com. Other Lastcallsucks.com
products, services and company names mentioned herein and or applicable Company
Web sites may be the trademarks and/or service works of Lastcallsucks.com. Other
product, service and company names mentioned herein may be the trademarks or
service marks of their respective owners.
17. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws
of the State of Florida applicable to agreements made and to be performed in
Florida. This site is controlled and operated by Lastcallsucks.com from its
offices within the United States of America. Lastcallsucks.com makes no representation
that materials in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Lastcallsucks.com's failure to insist upon
or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of
this Agreement. Lastcallsucks.com may assign its rights and duties under this
Agreement to any party at any time without notice to you. The section titles
in the SA are for convenience only and have no legal or contractual effect.
18. FINALLY
Sorry for all that. . .but we had to do it! Now get back and enjoy the site.
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