CONDITIONS OF USE
Please read the following Conditions of Use carefully
regarding the websites, including, without limitation,
DrinkingSongs.net, and the intellectual property and
proprietary information associated therewith (the
"Sites"), that are owned by John Patrick, affiliates
and subsidiaries ("we" "us" or "DrinkingSongs.net"), and the
various services we provide through the Sites (the
"Services") before using the Sites or the Services. This
Conditions of Use sets forth the terms and conditions
under which DrinkingSongs.net provides the Sites and the
Services. By using the Sites or the Services, you
signify your irrevocable acceptance of this Conditions
of Use. DrinkingSongs.net has the right to revise this
Conditions of Use at any time by posting such revised
Conditions of Use on the terms of service or policy
pages of any of the Sites. Your continued use of the
Sites or the Services shall be deemed irrevocable
acceptance of those revisions. DrinkingSongs.net reserves
the right to change, modify, suspend or discontinue any
portion of the Sites and/or the Services at any time.
DrinkingSongs.net may also impose limits on certain features or
restrict your access to parts or all of the Sites in its
sole discretion and without notice or liability.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
* you possess the legal right and ability to
enter into this Conditions of Use and to comply with
its terms;
* you will use the Sites and the Services for lawful
purposes only and in accordance with this Conditions
of Use and all applicable laws, regulations and
policies; and
* you will only use the Sites and the Services on a
computer on which such use is authorized by the
computer's owner.
I am at least 18 (21 in some areas) years old. I am not
visiting this website from the jurisdiction of any
municipality, city, state, country, or other
governmental entity where viewing adult content is
prohibited by law. I understand the standards and laws
of the community from whence I am visiting this website,
and I have made every reasonable effort to determine
whether viewing, reading and/or listening to content is
legal - I have determined that it is not illegal for me
to visit this website which contains adult content.
I will not allow any person under 18 (21 in some areas)
years old to view any adult content from this website. I
will not allow any person who is under the jurisdiction
of any municipality, city, state, country, or other
governmental entity where viewing, reading and/or
listening to adult content is prohibited by law, view,
read and/or listen to content on or from this website.
If I am under the age of majority in my locale, I cannot
agree to this agreement, and I MUST EXIT THIS WEBSITE
IMMEDIATELY.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER
CONTENT
Visitors may post reviews, comments, and other
content; send e-cards and other communications; and
submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not
consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a
false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other
content. DrinkingSongs.net reserves the right (but not the
obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless
we indicate otherwise, you grant DrinkingSongs.net and its
affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such
content throughout the world in any media. You grant
DrinkingSongs.net and its affiliates and sublicensees the
right to use the name that you submit in connection with
such content, if they choose. You represent and warrant
that you own or otherwise control all of the rights to
the content that you post; that the content is accurate;
that use of the content you supply does not violate this
policy and will not cause injury to any person or
entity; and that you will indemnify DrinkingSongs.net or
its affiliates for all claims resulting from content you
supply. DrinkingSongs.net has the right but not the
obligation to monitor and edit or remove any activity or
content. DrinkingSongs.net takes no responsibility and
assumes no liability for any content posted by you or
any third party.
ELECTRONIC COMMUNICATIONS
When you visit DrinkingSongs.net or send e-mails to us, you
are communicating with us electronically. You consent to
receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is
the property of DrinkingSongs.net or its content suppliers
and protected by United States and international
copyright laws. The compilation of all content on this
site is the exclusive property of DrinkingSongs.net and
protected by U.S. and international copyright laws. All
software used on this site is the property of
DrinkingSongs.net or its software suppliers and protected
by United States and international copyright laws.
I will not copy, upload, transmit, transfer, distribute,
publish, modify, or use for any commercial or other
purpose any of the material on this website, including
the underlying HTML source code, without permission in
writing and signed by the owner of the material.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a
way that constitutes copyright infringement, please
follow our
Notice and Procedure for Making Claims of Copyright
Infringement.
INDEMNITY
You agree to indemnify, defend and hold harmless
DrinkingSongs.net, and its subsidiaries, affiliates,
officers, parent companies, agents, co-branders or other
partners, and employees (collectively, the "Indemnified
Parties"), at your expense, against any and all
third-party claims, actions, proceedings, and suits and
all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without
limitation, reasonable attorneys' fees and other dispute
resolution expenses) incurred by any Indemnified Party
arising out of or relating to your (i) violation or
breach of any term of this Conditions of Use or any
policy or guidelines referenced herein, or (ii) use or
misuse of the Sites or the Services.
By downloading materials from this website, the
downloader hereby agrees to be personally liable and to
fully indemnify this site for any and all damages
directly, indirectly and/or consequentially resulting
from the downloader's attempted or actual unauthorized
downloading or other duplication of materials from this
site, alone or with, or under the authority of, any
other person(s), including, without limitation, any
governmental agency(ies), wherein such damages include
without limitation, damages resulting from loss of
revenue and/or property, fines, and attorney's fees,
including, without limitation, those generated by
prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
By entering this website, I agree to release, discharge,
and hold harmless the providers, owners and creators of
this website from any and all liability which might
arise from viewing, reading or hearing the content on
this website.
YOUR CONTACT WITH ADVERTISERS OR
THIRD PARTY VENDORS
Your dealings with advertisers and third party vendors
found on or through the Site, including your
participation in promotions, the purchase of goods, and
any terms, conditions, warranties or representations
associated with such activities, are solely between you
and the third party. DrinkingSongs.net does not make any
representations or warranties with respect to any goods
or web sites that may be obtained from such third
parties, and you agree that DrinkingSongs.net will have no
liability for any loss or damage of any kind incurred as
a result of any activities you undertake in connection
with the use of or reliance on any content, goods,
services, information or other materials available, or
through such third parties, on our Sites or Services.
You acknowledge that such external sites usually have
their own terms and conditions, including privacy
policies, over which DrinkingSongs.net has no control and
which will govern your rights and obligations with
respect to the use of those websites.
RISK OF LOSS
All items purchased from DrinkingSongs.net are made
pursuant to a shipment contract. This means that the
risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT DESCRIPTIONS
DrinkingSongs.net and its affiliates attempt to be as
accurate as possible. However, DrinkingSongs.net does not
warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or
error-free. If a product offered by DrinkingSongs.net
itself is not as described, your sole remedy is to
return it in unused condition.
OTHER BUSINESSES
Parties other than DrinkingSongs.net and its
subsidiaries operate stores, provide services, or sell
product lines on this site. In addition, we provide
links to the sites of affiliated companies and certain
other businesses. We are not responsible for examining
or evaluating, and we do not warrant the offerings of,
any of these businesses or individuals or the content of
their Web sites. DrinkingSongs.net does not assume any
responsibility or liability for the actions, product,
and content of all these and any other third parties.
You should carefully review their privacy statements and
other conditions of use.
DISCLAIMER
DRINKINGSONGS.NET AND ITS LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY,
COMPLETENESS, RELIABILITY, LEGALITY, AVAILABILITY OR
OPERABILITY OF THE MATERIALS OR INFORMATION DISPLAYED
THROUGH THE SITES OR THE SERVICES. ANY MATERIALS AND
INFORMATION YOU OBTAIN THROUGH THE SITES OR THE SERVICES
IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY HARM INCURRED FROM SUCH MATERIALS AND
INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE
TO COMPUTER SYSTEMS FOR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OR USE OF SUCH INFORMATION OR MATERIALS.
THE SITES AND THE SERVICES ARE PROVIDED "AS IS" AND
WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE
BY DRINKINGSONGS.NET OR ITS LICENSORS OF ANY KIND EITHER
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITES
AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF
PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE
FOREGOING, DRINKINGSONGS.NET DOES NOT WARRANT THAT THE SITES,
THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE,
ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY,
WILL BE CORRECTED, OR THAT THE SITES, THE SERVICES
AND/OR THE SERVERS THAT MAKE SAME AVAILABLE ARE FREE OF
VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE
LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP
DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES,
INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THE SITES AND/OR THE SERVICES
REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not
apply to you.
MODIFICATION
We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time.
SEVERABILITY
I acknowledge that should any court deem any part or
parts of this agreement void, invalid or
unconstitutional in whole or in part, then the remaining
part or parts shall be held with full force and effect.
LOCATION OF LEGAL VENUE
Unless prohibited by the laws of the state where you
reside, any dispute arising out of this agreement shall
be resolved in the courts of the State of Missouri, and
you hereby consent to personal jurisdiction for
resolution of any such dispute. The City of Saint Louis
in the State of Missouri shall
be the venue for any such action.
DISPUTES
Any dispute relating in any way to your visit to
DrinkingSongs.net or to products you purchase through
DrinkingSongs.net shall be submitted to confidential
arbitration in Saint Louis, Missouri, except that, to
the extent you have in any manner violated or threatened
to violate DrinkingSongs.net's intellectual property
rights, DrinkingSongs.net may seek injunctive or other
appropriate relief in any state or federal court in the
state of Missouri, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under
this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings
or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
DrinkingSongs.net may be required to disclose
information to individuals asserting rights under the
Digital Millennium Copyright Act, and you expressly
authorize DrinkingSongs.net to comply with any and all
lawful notices, subpoenas, court orders or warrants
without prior notice to you.
DrinkingSongs.net will investigate notices of copyright
infringement and take appropriate actions. If you
believe that your work has been used or copied in a way
that constitutes copyright infringement and such
infringement is occurring on or through the Sites or the
Services, please notify DrinkingSongs.net's Copyright Agent
identified below. Please note that you will be liable
for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is
infringing your copyrights. In a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
for more information), a company that sent an
infringement notification seeking removal of online
materials that were protected by the fair use doctrine
was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. Accordingly, if you
are not sure whether material available online infringes
your copyright, we suggest that you first contact an
attorney.
A notification of claimed infringement must be a
written communication addressed to the DrinkingSongs.net
Copyright Agent set forth below (the "Notice"), and must
include the following:
* a signature of the person authorized to act on
behalf of the owner of the copyright interest that
is alleged to have been infringed;
* a description of the copyrighted work or works
that you claim have been infringed, including their
exact name (if any). The description and name should
be in sufficient detail so that we can identify the
work;
* a description of where the infringing work is
located on the applicable Site. Specifically, this
requires you to provide the URL for each allegedly
infringing search result. You would provide the
following information:
Infringing Web
Pages: www.drinkingsongs.net/filename.htm
* information sufficient to permit DrinkingSongs.net
to contact you, such as your physical address,
telephone number and email address;
* a statement by you that you have a good faith
belief that the use of the material identified in
your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the
law; and
* a statement by you that the information in your
Notice is accurate and, under penalty of perjury
that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Pursuant to the Digital Millennium Copyright Act,
DrinkingSongs.net will remove allegedly infringing material
from the applicable Site upon receipt of a notice which
complies with the requirements of this section. If the
allegedly infringing material is a link which is
displayed through the Services, DrinkingSongs.net will
remove the link, however, because of DrinkingSongs.net's
and its licensors' automated search technologies, such
links could possibly reappear after DrinkingSongs.net has
removed them. DrinkingSongs.net therefore recommends that
if you are sending a Notice with regard to a link, you
should also send a notice to the linked site that is
displaying the allegedly infringing material.
If you receive a Notice and you believe that you have
the right to display the allegedly infringing work, you
may send DrinkingSongs.net a counter-notice pursuant to the
Digital Millennium Copyright Act (a "Counter-Notice").
We will provide a copy of your Counter-Notice to the
party that sent the Notice you are responding to.
A Counter-Notice must be a written communication
addressed to the DrinkingSongs.net Copyright Agent set
forth below and include the following:
* a signature of the person sending the
Counter-Notice;
* identification of the work which was removed or
disabled; and where such work was located on the
Site(s) before it was removed or disabled;
* a statement by you under penalty of perjury that
you have a good faith belief that the work was
removed or disabled as a result of mistake or
misidentification of the material to be removed or
disabled;
* Your name, address, and telephone number; and
* If your address is in the United States, a
statement that you consent to the jurisdiction of
Federal District Court for the district in which
your address is located, or if your address is
outside of the United States, a statement that you
consent to the jurisdiction of the Federal District
Court located in Saint Louis, Missouri, USA, and
that you will accept service of process from the
person who sent the Notice.
To reach DrinkingSongs.net's Copyright Agent for Notice
of claims of copyright infringement or
counter-notifications:
Copyright Agent
DrinkingSongs.net
710 N. Tucker W-6
Saint Louis, MO 63103
The Copyright Agent should only be contacted if you
believe that your work has been used or copied in a way
that constitutes copyright infringement and such
infringement is occurring on or through the Sites or the
Services or if you have received a notice of alleged
copyright infringement and you are sending a
counter-notice. All other inquiries directed to the
Copyright Agent will not be responded to.
