RED DIRT REPORT, LLC
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE WEB SITE OR SERVICES. BY ACCESSING OR USING THE WEB SITE OR SERVICES, YOU AGREE THAT:
Access, Verification and Personal Data
You must be at least 13 years of age to use this Web Site OR THE SERVICES. Verification of your age may be requested or required in connection with your use of the Services. You must provide accurate and complete responses to any request for information about you ("Personal Data"). Should RED DIRT REPORT suspect that your Personal Data is not accurate or complete, RED DIRT REPORT may suspend or terminate your access to the Services.
Personal Data provided by you to RED DIRT REPORT may be used for any purpose RED DIRT REPORT deems appropriate and may be given or disclosed to our affiliates, partners, vendors, and third parties. You acknowledge that you understand when you disclose personal information (e.g., name, email address) on or in connection with your use of the Services, such information can be monitored, collected and used by others and may result in unsolicited messages from other users or third parties and you consent to all such monitoring, collection and use. If you object to our sharing of your personal information, you may opt out of information governed by the mandatory opt out provisions under the Financial Services Modernization Act and the Fair Reporting Act, to the extent permitted by such acts.
Use of the Services
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.
Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law.
You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without RED DIRT REPORT'S express prior written approval and, if then, solely in accordance with the terms and conditions imposed by RED DIRT REPORT with respect thereto. You further agree not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever.
You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized) or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material.
Without limiting the forgoing, you agree not to:
- attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, email address or other identifying information belonging to another user or other person, or otherwise;
- use a user name, address, credit card information, email address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
- use a user name, email address or other identifying information in violation of the intellectual property rights of any person or entity;
- use a false "header" - the legend attached to email messages to show the message's point of origin, route and destination - or otherwise falsely configuring email;
- use a user name, email address, or header that RED DIRT REPORT, in its sole discretion, deems inappropriate;
- disseminate multiple unsolicited copies of email through the Services in violation of any law;
- upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
- upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of RED DIRT REPORT'S Services or servers or to another's computer;
- advertise, offer to sell or buy any goods or services for any commercial or business purpose;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services;
- disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including email addresses, without their prior consent; or
- violate any applicable domestic or international laws or regulations.
With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Web Site or the Services to automate the process of obtaining, uploading, transferring or transmitting any content to or from RED DIRT REPORT'S computer systems, the Web Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.
RED DIRT REPORT reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that RED DIRT REPORT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Each user may submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, the "User Content"). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Web Site and any material or information that you transmit to others and for your interactions with others. RED DIRT REPORT does not control or endorse the User Content, messages or information submitted, posted or distributed by users, and, therefore, RED DIRT REPORT specifically disclaims any responsibility with regard thereto.
You grant to RED DIRT REPORT a royalty-free, non-exclusive, world-wide irrevocable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, under and to all of your Intellectual Property Rights to fix, copy, reproduce, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, "Exploit") your User Content, in any and all manners or methods, now known or later devised. You agree that RED DIRT REPORT may use your User Content in any manner or medium, whether now known or hereafter discovered. You hereby waive and relinquish all rights known as "moral rights' or "droit moral" now or hereafter recognized. "Intellectual Property Rights" means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).
The Services may have features that allow you to send or exchange messages with third parties. RED DIRT REPORT makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless RED DIRT REPORT, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Web Site, including sending an email through the Services.
RED DIRT REPORT CONTENT
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the RED DIRT REPORT Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of RED DIRT REPORT and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from Services.
The Web Site and Services contain the content of other users and other RED DIRT REPORT licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any RED DIRT REPORT Content or other content appearing on or through the Web Site or Services.
EDITING AND BLOCKING CONTENT
RED DIRT REPORT assumes no responsibility for monitoring the Web Site for inappropriate content or conduct. If at any time RED DIRT REPORT chooses, in its sole discretion, to monitor the Web Site, RED DIRT REPORT nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.
You agree that any termination of your access to the Services may be effected without prior notice and acknowledge and agree that RED DIRT REPORT may immediately delete your User Content. RED DIRT REPORT reserves the right to bar any further access to such files or the Services. You agree that RED DIRT REPORT shall not be liable to you or any third party for any termination of your access to the Services or Web Site or deletion of your User Content.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe that materials hosted by the Web Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act ("DMCA") notice by providing RED DIRT REPORT with the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit RED DIRT REPORT to contact you;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon RED DIRT REPORT actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to RED DIRT REPORT a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
Notice of claims of copyright infringement can be made as follows:
Designated Agent: Editor
Address of Agent: 1804 N.Shartel Ave, Oklahoma City, OK 73103
E-mail for notice: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the contact address for RED DIRT REPORT set forth below:
- your physical or electronic signature;
- identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Oklahoma, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notice of claims of copyright infringement can be sent to:
Designated Agent: Editor
Address of Agent: 1804 N.Shartel Ave, Oklahoma City, OK 73103
E-mail for notice: firstname.lastname@example.org
If a counter-notice is received, you agree that RED DIRT REPORT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RED DIRT REPORT'S sole discretion.
Third Party Services; External Locations and Linking
The Services may contain links to third party sites and the ability to access external portions of the Internet. You agree that RED DIRT REPORT is not responsible for the availability of these third party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some third party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive. You agree to access third party sites at your own risk and not to permit minors to have access in inappropriate material. You agree that RED DIRT REPORT shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against RED DIRT REPORT, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER RED DIRT REPORT NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RED DIRT REPORT OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES.
Disclaimers; Limitations; and Waivers of Liability:
WITHOUT LIMITING THE FOREGOING, NEITHER RED DIRT REPORT NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES (1) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (5) RED DIRT REPORT shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the WEB site.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED DIRT REPORT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
RED DIRT REPORT DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER RED DIRT REPORT NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR WEB SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER RED DIRT REPORT NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR WEB SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER RED DIRT REPORT NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RED DIRT REPORT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES OR WEB SITE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, WEB SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Electronic Delivery Policy
Your disclosure (if any) of your email address to RED DIRT REPORT constitutes your consent to receive any privacy or other agreements, news alerts, disclosures, reports, documents, communications or other records electronically (collectively, "Notices"). You agree that RED DIRT REPORT can send you electronic Notices in either or both of the following ways: (1) to the email address that you provided; or (2) via a notice/link on the welcoming screen or top page of the relevant Service. You agree that certain premium services may also have their own Notice procedures. It is your responsibility to check your designated email address regularly for Notices. The delivery of any Notice from RED DIRT REPORT is effective when sent by RED DIRT REPORT, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.
Governing Law and arbitration
- No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The section headings used herein are for convenience only and shall not be given any legal import.