1. You Agree to These Terms by Using this Site
2. Ownership of Content
3. Your Use of the Site
Pin the Tail on the Culture grants you permission to use the Site as follows:
- with the exception of any content located outside of the section of the Site reached by clicking "Click Here," you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content—we are specifically claiming all rights reserved;
- you may not copy, download, or use images or videos of any kind for any reason that are located OUTSIDE of the site area reached by clicking the "Click Here" button, without Pin the Tail on the Culture's written permission;
- Content within the "Click Here" section of the Site may be downloaded but use of it is confined to one computer only and personal use only;
- you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content within the "Click Here" section of the Site without Pin the Tail on the Culture's written permission—only WE have the right to display the images and videos and info of people in that section, and you risk copyright infringement lawsuits if you use these in any way on any website, document, poster, broadcast, or other media type without OUR WRITTEN PERMISSION;
- you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law—Pin the Tail on the Culture will fully cooperate with any law enforcement authorities or any court order requesting or directing Pin the Tail on the Culture to disclose the identity of anyone posting or transmitting any such information or materials; and
- you are prohibited from using the Site to advertise or perform any commercial solicitation unless you are an accepted contest (cancelled 6-14-2010) entrant whose link to her/his personal or studio website link happens to have commercial solicitation.
See the (9) YOUR INFORMATION and (13) PRIVACY sections of the Contest Rules (cancelled) if you are a contest (cancelled) entrant, to see how your information will be used.
5. Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Pin the Tail on the Culture neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, blogs, and the like that may be on the Site, Pin the Tail on the Culture assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site or links from the Site. Also, if our virus checkers miss a virus in a file or image or video, it's not our fault—we tried. We doubt there will be any such problems, but if there are we are not liable. It's the risk of using the Internet. All sites try their best to minimize viruses, but none are in a position to guarantee anything, ESPECIALLY when 3rd parties are posting video content, images, email addresses and links on their site. Be cautious. Now see 6. Exclusion of Liability.
6. Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Pin the Tail on the Culture, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
7. Links to Third Party Sites
The names people use in their links may or may not be real—we make no claims about them. The links may work or not, and may or may not be to sites related to the person whose image in next to the link. They're what the entrants gave us, so surf with caution. The Site may contain links to sites owned or operated by parties other than Pin the Tail on the Culture. Such links are provided for your convenience only. Pin the Tail on the Culture does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Pin the Tail on the Culture specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- have aspects or products that are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does Pin the Tail on the Culture endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the encouragement of Pin the Tail on the Culture. If you find a link to something that disturbs you, please let us know and we will take action if we deem it necessary.
8. Revisions to the Terms
9. Law and Jurisdiction
10. Association with Other "Poetry In Motion" Sites, Companies, Businesses, Trademarks, Names, Songs, Etc.
Pin the Tail on the Culture HAS ABSOLUTELY NO association with other "Poetry In Motion" sites, companies, businesses, trademarks, names, songs, stores, merchandise, or anything else, whether real or intellectual property, imaginary or substantive, serious or funny, copyrighted or not. We interpret the lack of interest in poetryinmotion.info as a domain name by anyone anywhere to mean that they didn't care who owned it, as it was fully open to anyone to buy, which we happily did, upon seeing its non-use. It's a perfect name for our site! Domains are, rightly enough, about FIRST COME FIRST SERVED.
Copyright © 2006-2013 Pin the Tail on the Culture. All rights reserved. Contest (cancelled) void where prohibited, taxed, or regulated. No purchase necessary!