Terms of Use

Last Updated: June 22, 2016
Welcome to thedavisdirt.com, The Davis Dirt’s community website.

Acceptance of Terms

The following are the rules or “Terms” that govern your use of thedavisdirt.com, The Davis Dirt website (referred to in this document as the “Website”), and constitute a legal agreement between you and The Davis Dirt. By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Website. If you do not agree to these Terms, please do not use the Website and exit immediately. The Davis Dirt reserves the right to change these Terms at any time, effective immediately upon posting on the Website. Please check this page of the Website periodically.

Copyright, Ownership, and Permitted Use

The Davis Dirt (and its suppliers) retains full ownership, rights, and protection in all content (including without limitation text, graphics, photographs, images, sound, and illustrations) and software contained on this Website. All elements of the Website, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You agree not to modify any documents, graphics, images, or other material found on this Website, or alter or remove any trademark, copyright, or other notice from copies of the content. Except as described in the following paragraph, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Website without the express prior consent of the copyright owner. Except as authorized by copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.

You may, however make single copies of materials displayed on the Website for your own personal and noncommercial use, provided that any copies include the copyright and other legal and proprietary notices and other credits displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from The Davis Dirt or the copyright owner of the copied material.

None of the material contained on the The Davis Dirt site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of The Davis Dirt.

Copyright Notice

All trademarks, service marks, and trade names of The Davis Dirt and its partners and licensors used on the Website (including without limitation: thedavisdirt.com, The Davis Dirt logos, The Davis Dirt event logos (Street Food Rodeo), The Davis Dirt calendar listings, and The Davis Dirt cover artwork (collectively “Marks”) are trademarks or registered trademarks of The Davis Dirt or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without The Davis Dirt’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Except where specifically noted, all content of this Website is copyright © The Davis Dirt. All rights reserved.

User Postings to the Website

Opportunities exist for individuals and organizations to post information on the Website. These Postings include posting in our Calendar. You acknowledge that the third-party Postings do not necessarily represent the view or opinions of The Davis Dirt. The Davis Dirt does not assume any responsibility for the consequences of Postings on or any communications or results arising from use of the The Davis Dirt Website. The Davis Dirt does not represent or guarantee the truthfulness, accuracy, or reliability of any Postings posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON POSTINGS ON THIS WEBSITE IS AT YOUR OWN RISK.

If notified of Postings that allegedly do not conform to these Terms, The Davis Dirt may determine in its sole discretion to remove the Posting. The Davis Dirt reserves the right to remove Postings that are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms. The Davis Dirt reserves the right (but is not obligated) to edit or delete any Postings posted on the The Davis Dirt Website, regardless of whether such Postings violate these standards for Postings.

The Davis Dirt reserves the right (but is not obligated) to monitor, edit, disclose, or record any type of Postings for adherence to these Terms. The Davis Dirt may exercise these rights if required, in the course of normal operations and maintenance of the The Davis Dirt Website, or by law or in the good faith belief that such action is necessary to (i) comply with the law or with legal process served; (ii) protect and defend the rights of The Davis Dirt or others; or (iii) act in an emergency to protect the personal safety of our users or the public. Personal information may be disclosed to legal authorities if we believe in good faith that such action is necessary to comply with the law or to protect the personal safety or property of our users or the public. The Davis Dirt HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

You are solely responsible for your own Postings and the consequences of posting those Postings. You acknowledge that you have no expectation of privacy in anything you submit to The Davis Dirt Website, and that any information posted on the Calendar is not confidential or private and can be read by anyone.

Grant to The Davis Dirt

By providing Postings, you are granting to The Davis Dirt and its licensees a worldwide, royalty-free, perpetual, nonexclusive, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and /or to incorporate it in other works in any form, media, or technology now or hereafter known in perpetuity without notice or compensation to you. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Release

The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Website is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Website. You understand that all postings, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated. You agree that the Website shall have the right, but not the obligation to remove, refuse, edit or delete any Content for any reason whatsoever. The Website shall not be responsible for any interaction between you and the other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties.

You agree that our service is a venue for posters and users of the Website. In the event that you have a dispute with any user of the Website, you agree that the Website is under no obligation to become involved. You further agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.

Right to Remove Content or Block Access

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including messages, e-mails, or postings that violates these Prohibited Actions rules, according to our sole interpretation. The Davis Dirt may also remove all other content by such user, disable the users account, and otherwise prevent that user from using our services. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using The Davis Dirt Website in violation of the law. You agree not to hold the Website liable for such termination. You agree not to attempt to use the Website after termination.

Prohibited Actions

By using the Website, you agree not to do any of the following:

  1. Post, distribute, upload, transmit or otherwise make available material which infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including copyright, trademark, patent, trade secret, confidential information or intellectual property rights of others; or other proprietary rights or rights of publicity or privacy of third parties.
  2. Post, distribute, upload, or otherwise make available or transmit material that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be considered to be stalking; (b) bigoted, hateful, racially offensive, or personal attacks of any kind; (c) vulgar (e.g., profanities and expletives), obscene, or sexually explicit or pornographic (language or images); (d) that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or (e) that gives rise to civil liability or otherwise violates any applicable local, state, provincial, national, or international law or regulation.
  3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use this Website for commercial purposes of any kind.
  4. Use The Davis Dirt or this Website to promote any activity that may be found illegal at the local, state, or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising), or any content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items.
  5. Post, distribute, upload, transmit, or otherwise make available any executable programming of any kind, such as viruses, bots, worms, Trojan horses, spyware, time bombs, or any form of malicious or benign computer programming whatsoever.
  6. Post, distribute, upload, transmit, or otherwise make available or engage in “junk mail,” “chain letters,” unsolicited mass mailing or advertising emailing (“spamming”); “flaming,” “flooding,” “trolling,” or “griefing,” as those terms are commonly understood on the Internet; sending mail, e-mail, voice messages or faxes for solicitation of any other product, service to a user of the Website unless the user has granted permission in their ad or otherwise allowing contact for solicitation.
  7. Identifiably impersonate another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge, or allow another person to use your identification to post or view comments or solicit passwords or personal identifying information from other users.
  8. Post, distribute, upload, transmit, or otherwise make available (a) direct links to or descriptions of goods and services that are prohibited under these Terms, (b) content that is untrue, inaccurate, deliberately misleading, or trade libelous, (c) encrypted content or content that can be demonstrated to contain encoded messages, and/or (d) content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.
  9. Attempting or having unauthorized access to non-public areas of the Website. In addition, if you have a password to a non-public area of the Website, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes.
  10. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Website; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Website, its content or information available from the Website without the express written consent of agents of the Website.
  11. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law.

Any violation of these Terms may result in the termination of your right to use The Davis Dirt Website without notice.

Offline Conduct

Although The Davis Dirt cannot monitor the conduct of its users off the Website, it is also a violation of these Terms to use any information obtained from this Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without that user’s prior explicit consent.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Contributions contained thereon or for any other unauthorized purpose without our prior express written permission. Exceptions include search engines such as google.com, Yahoo!, and the like. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the The Davis Dirt Website. You may not take any action that imposes an unreasonable or disproportionately large load on The Davis Dirt’ infrastructure.

Links to Third Parties and Search Results

The Website may automatically produce search results that reference or link to third-party sites throughout the Internet. The Davis Dirt has no control over these sites or the content within them. The Davis Dirt cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. The Davis Dirt does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you may not make any claim against The Davis Dirt for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site. If you have a problem with a link from the Website, please notify us at thedavisdirt@gmail.com and we may review your claim and take any actions we deem appropriate in our sole discretion.

No Warranty

Your use of, browsing of, and reliance on any information presented on this Website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. The Davis Dirt DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Davis Dirt MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE’S CONTRIBUTIONS, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THIS SITE OR The Davis Dirt’s SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation on Liability

The Davis Dirt does not assume any liability for the content of any material provided on this Website. The Davis Dirt assumes no liability in the event that legal action is taken against you by a third party as a result of content you publish on our Website, whether for copyright infringement or any other illegal activity related to your content. IN NO EVENT SHALL The Davis Dirt OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES, AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN EXCESS OF $25 PER USER RESULTING FROM THE USE OR INABILITY TO USE The Davis Dirt’ WEBSITE OR THE CONTRIBUTIONS ON THIS WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Davis Dirt IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If your use of this Website results in the need for servicing or replacing property, material, equipment, or data, The Davis Dirt is not responsible for those costs. No agent or representative of The Davis Dirt has the authority to create any warranty regarding this Website on behalf of The Davis Dirt.

The Davis Dirt assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website. The Davis Dirt is not liable for any lost data resulting from the operation of our Website and/or the enforcement of the Terms. We urge all users to maintain their own backup versions of any Contributions they provide for submission to the Website. The Davis Dirt disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Website or otherwise related to your use of the Website and/or The Davis Dirt services. The Davis Dirt is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of users and/or advertisers or sponsors, referenced on or included in the Website to The Davis Dirt at thedavisdirt@gmail.com. The Davis Dirt may review your claim and take any actions it deems appropriate, in its sole discretion.

Indemnity

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. You agree to indemnify, defend, and hold harmless The Davis Dirt and any affiliated company or individual harmless from any and all loss, liability, damage, action, claim, demand, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to (i) any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users; (ii) your use of, or inability to use, the Website; (iii) your violation of any law or the rights of a third party including, without limitation, misappropriation of any intellectual property rights, privacy rights, or any other rights of any third party by you or any Contributions posted on your behalf; and (iv) any negligence, willful misconduct, or any breach of any warranty or covenant hereunder by you.

Release

In the event that you have a dispute with other users of the Website, you release The Davis Dirt (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

General Provisions

These Terms are governed in all respects by the laws of the State of California. You expressly agree that exclusive jurisdiction for any dispute with The Davis Dirt, or in any way relating to your use of this Website or any The Davis Dirt services, resides in the state and federal courts located in Sacramento, California, and you consent to the exercise of personal jurisdiction in those courts in connection with any such dispute. If any provision of these Terms is held invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Terms or available to a party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. No term or condition of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Terms shall not be deemed a waiver of any prior or subsequent breach. Any cause of action you may have with respect to The Davis Dirt must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

You agree that these Terms of Use and all incorporated agreements may be automatically assigned by The Davis Dirt in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements (written or oral).

Please report any violations of these Terms to thedavisdirt@gmail.com.