Terms of Use
April, 2007
Speedwagon.com and reospeedwagon.com website (the “Website”) provides information about REO Speedwagon and it's many roles and interests. REO Speedwagon , sponsor of the Website, and its affiliates, make this Website available to the public subject to the following terms, policies and guidelines. By visiting this Website, you agree to abide by these Terms of Use. Please read them carefully.
This Website includes a public area accessible by anyone without charge and a Members-only area for individuals who join the mailing list. These Terms of Use apply to both the public and Members-only areas of the Website.
Copyright and Trademarks
All content included on this Website, including text, graphics, logos, button icons, images, and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of REO Speedwagon its affiliates or its Content and software suppliers and are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms of Use.
The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, Speedwagon, the logo, speedwagon.com and reospeedwagon.com, are registered or unregistered trademarks of REO Speedwagon its affiliates or third-parties who have licensed the Trademarks for use on the Website. No license is granted for any further use of any of those Trademarks.
All rights not expressly granted in these Terms of Use are reserved.
Usage Regulations
This Website is made available for information purposes only. You may display, reformat and print information from this Website for your own personal, non-commercial use only. You may not sell, re-publish, distribute or perform any Content or other material from this Website for any other purpose. All such uses are strictly prohibited without the express prior written consent of REO Speedwagon and such consent may be given or withheld by REO Speedwagon in its discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed.
You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of this Website or interfere in any way with its proper functioning.
REO Speedwagon and its affiliates reserve the right to suspend or terminate access to the Website and membership in the Club to anyone who, in their sole discretion, violates these Terms of Use or any applicable law, or whose conduct is harmful to the interests of REO Speedwagon its affiliates and/or its licensors. REO Speedwagon and its service providers may take steps to prohibit access and/or use without prior notice to any such user.
Third-Party Content and Links
This Website includes information provided by third parties to REO Speedwagon and its service providers. Neither REO Speedwagon nor any of its affiliates, employees or agents is responsible for the opinions, statements, services, offers or other information of third parties. In addition, the Website may include the personal recommendations and opinions of band members. The opinions of REO Speedwagon are not endorsements of any organization, product or service, and neither REO Speedwagon nor any of its affiliates, employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from any third party. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs.
The Website also includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services or be accompanied by descriptions for third-party services. These links to third-party websites are provided for your convenience only. REO Speedwagon and its affiliates do not control the content or operation of any link third-party websites, and we disclaim any responsibility for any product, service or information provided on any linked website.
NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD-PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY REO SPEEDWAGON OR ANY OF ITS AFFILIATES, EMPLOYEES OR AGENTS.
Privacy
REO Speedwagon gathers some personal information from users who subscribe to our mailing list. All information collected for the mailing list is subject to the terms and conditions of the speedwagon.com and reospeedwagon.com Privacy Policy (access via link under “Privacy Policy”). REO Speedwagon or its service providers may also collect non-personal information about users of the Website, such as technical information about users’ operating systems, browsers and IP addresses and domain names. REO Speedwagon may use the information it collects for its business purposes including, among other things, to make changes to the Website to display content according to users’ interests and preferences and to send users information about activities of REO Speedwagon. Please review speedwagon.com and reospeedwagon.com Privacy Policy for more information.
If you use hyperlinks on this Website to visit third-party websites, our privacy policy does not apply to your activity on the third-party websites. Refer to privacy policies posted on third-party websites for information about those parties’ practices for collecting and using personal and non-personal information.
Comments and Suggestions
REO Speedwagon appreciates your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to REO Speedwagon you agree that REO Speedwagon and its affiliates is granted a non-exclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, REO Speedwagon asks that you not send us comments or other submissions, particularly any information you consider to be confidential or original creative material, such as music, lyrics, photographs or original artwork.
Liability
This Website is provided "AS IS." Neither REO Speedwagon nor any of its affiliates, employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on this Website.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, REO SPEEDWAGON AND EACH OF ITS AFFILIATES, EMPLOYEES AND AGENTS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATED UN-INTERRUPTED OR BE ERROR-FREE.
UNDER NO CIRCUMSTANCES WILL REO SPEEDWAGON OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT INCLUDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE OR ANY PROVISION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Modification; Waiver
This Website and the products and programs described in the Website may be changed or updated without prior notice. REO Speedwagon may also make changes to these Terms of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by REO Speedwagon in the revision. Your continued use of the Website after new Terms of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
No waiver of any breach of the Terms of Use, speedwagon.com and reospeedwagon.com Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Terms of Use, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of REO Speedwagon.
California Law
This Website is created and controlled by REO Speedwagon in the State of California, USA. As such, the laws of the State of California govern these Terms of Use, without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of California, acknowledge that venue is only proper in the courts in Los Angeles County, California and waive any objection you may have in the future with respect to any of the foregoing.
Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, speedwagon.com and reospeedwagon.com Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms of Use, speedwagon.com and reospeedwagon.com Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms of Use, speedwagon.com and reospeedwagon.com Privacy Policy in any other jurisdiction.
Entire Agreement
These Terms of Use, speedwagon.com and reospeedwagon.com Privacy Policy, constitutes the entire agreement between REO Speedwagon and you with respect to the Website, and they supersede all prior and contemporaneous agreements or communications between the parties.