Terms of Service
The following describes the terms by which the Liming Spot, Inc., owner and creator of
the the Liming Spot service, offers you access to our website, platform and services:
1. Acceptance of Terms
the Liming Spot, Inc. ("the Liming Spot") provides a collection of online resources, including
search, browse, user profile pages, community pages, event detail pages, venue
detail pages, performer detail pages, the Demand service, comments, link
sharing, tags, calendar tools, data input tools, and Web Services application
programming interfaces (APIs), (collectively referred to hereafter as "the
Service") subject to the following Terms of Service ("Terms"), which may be
updated by the Liming Spot from time to time. the Liming Spot will provide notice of
materially significant changes to the Term by posting notice on the the Liming Spot
site. You can review the most current version of the Terms at:
http://www.theLimingSpot.com/terms.aspx.
By using the Service in any way, you are agreeing to comply with these Terms. In
addition, when using particular the Liming Spot services, you agree to abide by any
applicable posted guidelines for all the Liming Spot services, which may change from
time to time. Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become dissatisfied with
the Service in any way, your only recourse is to immediately discontinue use of
the Service.
2. Content
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from whom such
Content originated. More specifically, you are entirely responsible for all
Content that you post, email or otherwise make available via the Service. You
understand that the Liming Spot 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 is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the Service and Content available through
the Service may contain links to other websites, which are completely
independent of the Liming Spot. the Liming Spot makes no representation or warranty as to the
accuracy, completeness or authenticity of the information contained in any such
site. Your linking to any 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 may not rely on said Content, and that under no circumstances will the Liming Spot
be liable in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise made
available via the Service. You acknowledge that the Liming Spot does not pre-screen or
approve Content, but that the Liming Spot shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the Terms or for any
other reason.
3. the Liming Spot Communications
In the course of providing you services, the Liming Spot will communicate with you via
email. You agree to receive emails which are specific to your account and
necessary for the normal functioning of the the Liming Spot Service, including but not
limited to notifications about performers and events you've expressed interest
in. the Liming Spot will use the email address you provide to register you to use our
Services, to verify your authority to use certain features of our Site and
Services, to deliver certain services and notices based on the email settings
you have selected, or to improve and tailor the content and general
administration of our Site and Services.
4. Conduct and Responsibilities.
- You are solely responsible for your conduct and any Content that you submit,
post, and display on the Service.
- You are responsible for any activity or Content associated with your screen
name.
- You are responsible for keeping your password secure.
- You must be 13 years of age or older to use the Service.
- You must not submit Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous, invasive of another's privacy, or
harms minors in any way.
- You must not submit Content that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability
- You must not submit Content that impersonates any person or entity, including,
but not limited to, an the Liming Spot employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity.
- You must not submit Content that includes non-public personal or identifying
information about another person without that person's explicit consent.
- You must not submit Content that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch".
- You may not use the Service for any illegal or unauthorized purpose.
- International users agree to comply with all local laws regarding online conduct
and acceptable content.
- You must not modify, adapt or hack the Service or modify another website so as
to falsely imply that it is associated with the Liming Spot.
- You must not create or submit unwanted email to any the Liming Spot users ("SPAM").
- You must not create or submit intentionally false or misleading information.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
- You must get express authorization from the Liming Spot before you can use any portion
of the Service, including any Content or use of the Liming Spot's API, for any
commercial purpose.
- Violation of any of these terms will result in the termination of your the Liming Spot
account. While the Liming Spot prohibits such conduct and content on its site, you
understand and agree that the Liming Spot cannot be responsible for the Content posted
on its web site and you nonetheless may be exposed to such materials and that
you use the Service at your own risk.
5. General Conditions
We reserve the right to modify or terminate all or any portion of the Service
for any reason, without notice at any time.
We reserve the right to alter these Terms at any time. If the alterations
constitute a material change to the Terms, we will notify you via email (if
you've provided us with your email address) as well as on the Terms page itself.
What constitutes a "material change" will be determined at our sole discretion,
in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms.
the Liming Spot's Demand service enables users, performers and others to gather data
wherein users indicate their interest in having specific events occur in their
city. the Liming Spot does not represent or warrant that its services are free of
inaccuracies, errors, bugs, or interruptions, or are reliable, accurate,
complete or otherwise valid. the Liming Spotâs services are provided "as is" with no
warranty, express or implied, of any kind and the Liming Spot expressly disclaims any
and all warranties and conditions, including, but not limited to, any implied
warranty of merchantability, fitness for a particular purpose, availability,
security, title and or non-infringement. In addition, the Liming Spot expressly
disclaims any and all representations and warranties that any events will occur
or that any performers will perform or fulfill any stated or implied promises or
commitments relating to the Liming Spot and the Liming Spot Demand. the Liming Spot shall not, under
any circumstances, be liable to users for any indirect, incidental,
consequential special or exemplary damages arising out of or in connection with
the use of the Liming Spot. To the maximum extent permitted by applicable law, users
hereby release and waive all claims against the Liming Spot, and its affiliates,
officers, agents, licensors, shareholders and employees from any and all
liability for claims, damages (actual and/or consequential), costs and expenses
(including litigation costs and attorneys' fees) of every kind and nature,
arising from or in any way related to use of the Liming Spot.
6. Copyright
Although the Liming Spot does not claim ownership of Content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant to the Liming Spot an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and
authorize sub-licenses (through multiple tiers) of the foregoing.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify the Liming Spot's agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), at copyright at
the Liming Spot.com, or:
Copyright Agent
the Liming Spot, Inc.
9171 Towne Centre Drive, Suite 180
San Diego, CA 92122 USA
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has
been infringed.
- Identify the material on the Service that you claim is infringing, with enough
detail so that we may locate it on the website.
- A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.
- A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner.
- Your address, telephone number, and email address and
- Your physical or electronic signature.
the Liming Spot's Agent will forward this information to the alleged infringer.
7. Privacy and Information Disclosure
the Liming Spot has established a Privacy Policy to explain to users how their
information is collected and used, located at
http://www.Liming Spot.com/privacy.aspx. Your use
of the Liming Spot's website(s) or the Service signifies acknowledgment of and
agreement to our Privacy Policy. You further acknowledge and agree that the Liming Spot
may, in its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, time-stamps, and other user
information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process, enforce these Terms, respond to claims that any Content violates the
rights of third-parties, or protect the rights, property, or personal safety of
the Liming Spot, its users, or the general public.
8. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
the Liming Spot email addresses or through the Liming Spot computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in Las Vegas. Any unauthorized use of the Liming Spot computer systems is a
violation of these Terms and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Such violations may subject the sender and his or her
agents to civil and criminal penalties.
9. Termination of service
You agree that the Liming Spot, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
the Liming Spot believes that you have acted inconsistently with the letter or spirit
of the Terms. Further, you agree that the Liming Spot shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination. Sections 2, 4, 6
and 9-13 shall survive termination of these Terms.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the Liming Spot
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, the Liming Spot
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, the Liming Spot DISCLAIMS ANY WARRANTIES FOR VIRUSES
OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions
do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL the Liming Spot BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF the Liming Spot HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY
LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE
SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
12. Indemnity
You agree to indemnify and hold the Liming Spot, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
13. General information
The Terms constitute the entire agreement between you and the Liming Spot and govern
your use of the Service, superseding any prior agreements between you and
the Liming Spot. The Terms and the relationship between you and the Liming Spot shall be
governed by the laws of the country of Anguilla without regard to its conflict
of law provisions. You and the Liming Spot agree to submit to the personal and
exclusive jurisdiction of the courts located within the country of Anguilla.
The failure of the Liming Spot to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
14. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to abuse at the Liming Spot.com. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.