CREATIVE LOAFING USER AGREEMENT

» General Notice

These are the Terms of Service for ‘Creative Loafing’ and for the services available through or at Creative Loafing (the “Services,” or a “Service”). This “Agreement” is a legal agreement between you (an individual) and Creative Loafing, and its suppliers and licensors concerning the operation of Creative Loafing and your use of any Service.

The Services include access to free and paid content and interactive services available through Creative Loafing.

Unless otherwise indicated in this Agreement, all communications with Creative Loafing should be directed to Creative Loafing by e-mail to Privacy at creativeloafing.com or by mail to Creative Loafing, 115 Martin Luther King Junior Drive Southwest Suite #301, Atlanta, GA 30303.

» Registration

Creative Loafing does not require registration to access or view any free content and services within the site.

Basic (non-paid) registration is required to participate in various online services, including, but not limited to, Forums, Chat, some content submission, and other services as indicated throughout the service.

You agree to provide complete and accurate information in your registration process, and you agree not to provide any registration information that is false, misleading or incorrect. You also agree to notify us if any of your registration information changes.

If at any time we have any reason to believe that any of your registration information is inaccurate, untrue, incomplete or otherwise incorrect, we reserve the right to terminate this Agreement.

Additionally, we may refuse to grant you a specific username that may be misconstrued as another individual, is illegal, protected by trademark or other proprietary rights law, is offensive or vulgar, may cause harm or confusion to others, or any other instance as determined by our sole discretion.

» Access to Services

ONLY ONE INDIVIDUAL CAN ACCESS THE SERVICE WITH A SPECIFIC USERID.
NO INDIVIDUAL MAY HAVE MORE THAN ONE USERID WITHIN THE SERVICE.
A USERID MAY ONLY ACCESS Creative Loafing FROM ONE COMPUTER AT ANY GIVEN TIME.

» Content License and Requirements

The content made available through Creative Loafing is our property and copyright, and/or the property of the authors, content partners and licensors, and is protected by copyright and intellectual property laws. You may display or print the content available through Creative Loafing for your personal, non-commercial use only. Content may not be reused, rebroadcast, or redistributed on the web, print or elsewhere without the prior written permission of Creative Loafing and/or the content provider. Some materials may be available for non-commercial training purposes. For more information, e-mail Privacy at creativeloafing.com. You agree to use the content and services within Creative Loafing in a manner that complies with all applicable laws in the jurisdictions in which you use them, including application restrictions on copyright and intellectual property rights. As outlined above, you may not permit other individuals to access content and services within Creative Loafing with your user account.

» Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Creative Loafing SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR ACCESSING Creative Loafing AND ITS SERVICES.

» Right to Terminate or Modify Agreement, Services

Creative Loafing may modify or terminate the terms of the Agreement of Services, including but not limited to price, content, types of Services, upon notice to the registrant. In the event of this change, you may terminate this Agreement and any Services by written notice to Creative Loafing.

Such notice of a change or termination of this Agreement or Services may be provided by e-mail or by posting the changes in an appropriate location on the Web site.

This Agreement will automatically terminate if you fail to comply with any term within or in the Terms of Service of a sub-feature including, but not limited to, chat and forums.

» Privacy - General Overview

You are required to have a Creative Loafing account to use certain free Services. Personal information you provide to Creative Loafing is governed by the Creative Loafing Privacy Policy ( www.creativeloafing.com/privacy-policy ). Your election to use the free services, indicates your acceptance of the terms of the Creative Loafing Privacy Policy, so please review it carefully if you have any questions about Creative Loafing treatment of personal information you provide to us.

To summarize key terms of the Creative Loafing Privacy Policy: Information collected in Creative Loafing accounts includes name, e-mail address, age, gender, location information, product and access information, systems information, content preferences. The information is stored locally in cookies on a user’s personal computer and on Creative Loafing servers and is sent to and from such servers as part of routine communications that support our Services.

Creative Loafing uses this information to:

Verify access rights to premium content, services or software.
To provide you with information about products, services, news and events.
To allow you to purchase and access services and offers.
To provide you with advertising, promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us.
To provide you with personalized content programming and services.
For license reporting, billing and assessment of service levels.
To better understand how and which of our Services are used, traffic levels and patterns and what types of content and services are most popular with users of our products and services.

» Chats, Forums and Other Online Communication

Creative Loafing hosts a variety of online instant and archived communication, including, but not limited to, chat, hosted discussions, message boards (forums) and e-mail. Each of these Services may include its own Terms of Service with specific rules, regulations and guidelines for use of said service. Participation in any of these Services binds the user to this Agreement and the Terms of Service of said Service.

Such services are intended to serve as discussion and information centers and resources for Creative Loafing registrants. Information provided within may be provided by said registrants, contributors, staff or others connected or not connected with Creative Loafing, some of whom may use anonymous screen names or aliases. Messages or statements posted by individuals within these services may be deceptive, incorrect, not factual, misleading or otherwise false, intentionally or unintentionally. We do not endorse nor are we responsible for any opinions, advice, content, omissions, hyperlinks, images, articles, information or statements made or displayed within these Services by third parties. Under no circumstances are we, our partners, contributors or suppliers, or their agents, liable for any loss or damage caused by your reliance or beliefs of information contained within these discussion-type Services. The opinions and information expressed within these Services is solely that of the poster, and does not reflect that of Creative Loafing or any of its affiliates or partners. While we attempt to respond to specific issues and complaints that are brought to our attention, we have no obligation to monitor the content of these areas.

You acknowledge and agree we have the right to monitor any transmission made through a Creative Loafing Service, including, but not limited to, chat, forums, and Creative Loafing hosted or affiliated e-mail, to alter and remove any materials without limitation, to remove any user and terminate this Agreement for any real or perceived violation of this Agreement or that of a specific service, or for no reason whatsoever.

We will disclose such materials and circumstances surrounding its transmission to any third party, including law enforcement and legal officials, in order to operate our Web site properly, to protect ourselves, our sponsors, and our registrants and visitors.

» Notice Specific to Materials and Links Available on This Website

Use of any copyrighted materials, including but not limited to text, photos, graphics and sounds, is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Elements of Creative Loafing websites are protected by trade dress and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Creative Loafing website may be copied or retransmitted unless expressly permitted by Creative Loafing. Creative Loafing reserves the right to revoke such permission without notice.

Creative Loafing AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND Creative Loafing AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Creative Loafing AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Creative Loafing AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE. IN NO EVENT SHALL Creative Loafing AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

LINKS TO THIRD PARTY SITES WILL LET YOU LEAVE Creative Loafing SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Creative Loafing. AND Creative Loafing IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Creative Loafing IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Creative Loafing OF THE SITE.

» Miscellaneous

CHOICE OF LAW; CHOICE OF FORUM; WAIVER OF JURY TRIAL. This Agreement is governed by the laws of the State of Georgia and of the United States. Any dispute or lawsuit against Creative Loafing which concerns this Agreement or which arises in any manner out of the use or operation of the Creative Loafing website shall be brought solely in a state or Federal court in and for Georgia, unless Creative Loafing consents in writing to a different court or forum. EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY SUCH DISPUTE OR LAWSUIT.

TRADEMARKS. Creative Loafing and other section titles are trademarks of Creative Loafing LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

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CREATIVE LOAFING USER AGREEMENT