BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Bad Intersections domain name, the "Bad Intersections Website", or the "Bad Intersections Database"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not agree to any of these terms, then please do not use the Bad Intersections Website.
BAD INTERSECTIONS WEBSITE
These Terms of Service apply to all users of the Bad Intersections Website, including users who are also contributors of content, information, and other materials or services on the Website. The Bad Intersections Website may contain links to third party websites that are not owned or controlled by Bad Intersections. Bad Intersections has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bad Intersections will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Bad Intersections from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Bad Intersections Website and to read the terms and conditions and privacy policy of each other website that you visit.
WEBSITE ACCESS
A. Bad Intersections hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Bad Intersections's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Bad Intersections servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Bad Intersections grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bad Intersections reserves the right to revoke these exceptions either generally or in specific cases.
INTELLECTUAL PROPERTY RIGHTS
The content on the Bad Intersections Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Bad Intersections, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bad Intersections reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Bad Intersections Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bad Intersections Website or the Content therein.
USER SUBMISSIONS
A. The Bad Intersections Website may now or in the future permit the submission of content or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Bad Intersections does not guarantee any confidentiality with respect to any submissions.
B. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bad Intersections to use all patent, trademark, trade secret, copyright or other proprietary rights. By submitting the User Submissions to Bad Intersections, you hereby grant Bad Intersections a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Bad Intersections Website and Bad Intersections's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Bad Intersections Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Bad Intersections Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bad Intersections all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Bad Intersections or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Bad Intersections does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bad Intersections expressly disclaims any and all liability in connection with User Submissions.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bad Intersections's designated Copyright Agent to receive notifications of claimed infringement is: jeff @ bad intersections
WARRANTY DISCLAIMER
THE Bad Intersections WEBSITE IS PROVIDED AS A SERVICE FOR INFORMATION PURPOSES ONLY. Bad Intersections MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE Bad Intersections WEB SITE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR ADVICE IT CONTAINS. Bad Intersections ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN INFORMATION OR ADVICE PROVIDED. SINCE THE INFORMATION IS INPUT BY INDIVIDUALS USERS, NO GUARANTEES ARE MADE IN REGARD TO THE ACCURACY, LOCATION, OR OTHER USER DEPENDENT VARIABLES.
Bad Intersections SHALL HAVE THE RIGHT TO, BUT NOT THE OBLIGATION, TO MONITOR, CHANGE OR REMOVE ANY OF THE SITE CONTENT OR INFORMATION WITHOUT NOTICE AT ANY TIME. Bad Intersections SHALL NOT BE HELD LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, UNTIMELINESS, UNAUTHENTICATED INFORMATION, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT WITH THE WEB SITE.
THE SERVICES, INFORMATION OR DATA (COLLECTIVELY, "INFORMATION") MADE AVAILABLE AT THE Bad Intersections WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. Bad Intersections EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bad Intersections SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS (CONSISTING OF INFORMATION, ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES) AND BUSINESS RESULTING FROM THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE Bad Intersections WEBSITE. Bad Intersections SHALL HAVE NO LIABILITY FOR:
1) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF INFORMATION; OR
3) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION FURNISHED HEREUNDER.
4) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Bad Intersections MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. Bad Intersections MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS DISCLAIMER SECTION, Bad Intersections SHALL INCLUDE Bad Intersections, AND ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Bad Intersections, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Bad Intersections WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Bad Intersections SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Bad Intersections from its facilities in the United States of America. Bad Intersections makes no representations that the Bad Intersections Website is appropriate or available for use in other locations. Those who access or use the Bad Intersections Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless Bad Intersections, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Bad Intersections Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bad Intersections Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Bad Intersections Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Bad Intersections Website.
ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bad Intersections without restriction.
GENERAL
You agree that: (i) the Bad Intersections Website shall be deemed solely based in California; and (ii) the Bad Intersections Website shall be deemed a passive website that does not give rise to personal jurisdiction over Bad Intersections, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Bad Intersections that arises in whole or in part from the Bad Intersections Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service and any other legal notices published by Bad Intersections on the Website, shall constitute the entire agreement between you and Bad Intersections concerning the Bad Intersections Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Bad Intersections's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Bad Intersections reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Bad Intersections Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Bad Intersections AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Bad Intersections WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
GENERAL
Bad Intersections reserves all rights and copyrights the site data, text, site images, site code, content, and usage of Bad Intersections web site and data. All trademarks are property of their respective companies.
