Terms of Use
LEGAL NOTICE, DISCLAIMER, TERMS OF USE & COPYRIGHT NOTICE
Last Updated: April 2012
Welcome to Little Rat Bastard. Please read these terms of use carefully as this is a contract between us. By using this Website (as defined below), you ACCEPT ALL TERMS, conditions and responsibilities of this agreement in exchange for our agreement to provide you with the information, news, videos, music, content, and other benefits of visiting the Website(s).
INTRODUCTION
Unless otherwise stated, these terms of use apply to users of this Website (“Website”) and any affiliated websites including the websites located at the URL www.LittleRatBastard.com (plus any other affiliated or directly associated domains). This site is operated by Little Rat Bastard, LLC. (“Little Rat Bastard”, “we” or “us”). In this agreement, the term Website includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute, redirected or backup websites and web pages thereto and thereof. Please also review the terms of our Privacy Policy which forms part of these Terms of Use. Your use of this Website are subject to these Terms of Use, Privacy Policy, and any other terms, conditions or restrictions set forth within any of the materials provided on the Website. You agree to the Terms of Use by accessing this Website and/or by accepting any information from this Website. If you do not agree with any of these Terms of Use, do not use this Website or any of the other Little Rat Bastard Websites. Little Rat Bastard reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes. Little Rat Bastard assumes (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in theses Terms of Use. Little Rat Bastard will assume (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use.
This agreement does not cover your rights or responsibilities with respect to third party content, sites or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify Little Rat Bastard for any claims related to such activities. This is the entire and exclusive agreement between you and Little Rat Bastard regarding use of the Website and it cannot be modified, except as specifically described herein. Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the Website may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, “Materials”) located or found on the Website. All Mateirals contained and existing on the Website are protected by United States and international copyright law, and other federal and international laws.
This Website is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.
The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Website, you should confirm any facts that are important to your decision. You may print material from the Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. (Please refer to the Copyright and Trademark Notice below). You may not modify or use the Materials for any other purpose without our express written consent. You may not reproduce, republish, post, transmit, publicly display, publicly perform, or distribute in print or electronically any Material published or provided on this Website.
This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website. Little Rat Bastard is not responsible for, and cannot guarantee the performance of, the goods and services provided by our advertisers or others to whose websites we link, or the promotions or events promoted by the advertisers or sponsor who promote such events.
PRIVACY
Please review our Privacy Notice, which also governs your visit to LittleRatBastard.com, to understand our practices.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Website software, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Website including, without limitation, the selection, sequence and “look and feel” and arrangement of items, (individually and/or collectively “Material”), are the property of Little Rat Bastard, its affiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliers and are legally protected, without limitation, under the U.S. federal and state laws, as well as applicable foreign laws, regulations and treaties. Little Rat Bastard may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution of the Materials or design elements of the Website for any purpose are strictly prohibited without the express written consent of Little Rat Bastard or its owner if Little Rat Bastard is not the owner. This prohibition includes, without limitation, the reposting of RSS feeds of the Website or any portion thereof on other websites for any purpose whatsoever. All rights in the album, artist, band and label names, company names, trade names, logos, product packaging and designs of Little Rat Bastard or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to Little Rat Bastard, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any Materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of Little Rat Bastard or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
COPYRIGHT & TRADEMARK NOTICE & AGENT
This Website is the copyright of Little Rat Bastard, LLC. and its licensors, all rights reserved.
Pursuant to the terms of the Digital Millennium Copyright Act, Little Rat Bastard has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Little Rat Bastard’s Copyright Agent may be reached at:
Little Rat Bastard, LLC.
Attn: General Counsel
PO Box 8945
Surprise, AZ 85374
Phone: 602-688-4728
legal@LittleRatBastard.com
Pursuant to Title 17, United States Code, Section 512(c)(3), if you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide a written communication to the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number and e-mail address;
(e) 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
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
LINKS
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Little Rat Bastard and Little Rat Bastard is not responsible for the contents of the Linked Sites. Little Rat Bastard provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by Little Rat Bastard in favor of any company offering Internet services, products or services on the Linked Sites.
Other sites may link without prior permission to the Website’s home page only through a plain-text link. Permission must otherwise be granted by Little Rat Bastard for any other type of link to the Website. To seek our permission, you may write to Little Rat Bastard, LLC., PO Box 8945, Surprise, AZ 85374 ATTN: Legal Counsel. Any third party Website that links to the Website (a) shall not create a frame, browse or border environment around any of the content of the Website; (b) may link to, but not replicate, Website content; (c) shall not state directly or imply that Little Rat Bastard is endorsing or sponsoring it or its products or services; (d) shall not present false information about Little Rat Bastard or its products or services; (e) shall not use Little Rat Bastard trademarks without the prior written permission of Little Rat Bastard; (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (g) shall not otherwise violate any copyright interest of Little Rat Bastard or other artist, band, label or affiliated party whose information and/or Material are available on the Website.
NO SOLICITATION
You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of Little Rat Bastard.
NO SPAMMING
Users of this Website may include chat rooms, forums and/or other public-posting areas and users may post their e-mail addresses in those public areas. In the event such posting are made, you agree not to utilize these e-mail addresses for purposes of spamming (i.e., unsolicited e-mail).
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Little Rat Bastard reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Little Rat Bastard a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Little Rat Bastard and sublicensees the right to use the name that you submit in connection with such content, if they choose. 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; and that you will indemnify Little Rat Bastard for all claims resulting from content you supply. Little Rat Bastard has the right but not the obligation to monitor and edit or remove any activity or content. Little Rat Bastard takes no responsibility and assumes no liability for any content posted by you or any third party.
CHAT ROOMS, BULLETIN BOARDS, OTHER FORUMS
If, in the future, this Website includes chat rooms, forums and/or other public-posting areas such as user comments, Little Rat Bastard will not and cannot review every posting that may be made in those public areas. Little Rat Bastard will not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of Little Rat Bastard’s staff. Little Rat Bastard will not be responsible for any material posted in any chat room or on any bulletin board or forum and will not be responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Website.
Little Rat Bastard shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the chat room, bulletin boards and forums to determine compliance with this Agreement and any operating rules established by Little Rat Bastard and to satisfy any law, regulation or authorized government request. Little Rat Bastard shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.
By using the Website, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, infringes on the ability of others to enjoy the Website or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, contains links to other sites that contain the kind of content which falls within the description set out above. Little Rat Bastard reserves the right to delete, move or edit any content and refuse access to anyone who Little Rat Bastard believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. You hereby waive any and all rights you may have with respect to the alteration, modification or removal of any such content. Little Rat Bastard additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement. If Little Rat Bastard receives a request to disclose the identities of users who post content to the Website and if Little Rat Bastard discloses the identify of a user pursuant to the Terms of Use or Little Rat Bastard’s Privacy Policy, you understand and agree that we may do so and you waive all rights in connection therewith.
By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
All material you submit to the Website, including e-mails, becomes the sole and exclusive property of Little Rat Bastard. Little Rat Bastard may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. Little Rat Bastard does not consider any material you submit to the Website to be confidential or proprietary.
PROMOTIONS AND CONTESTS
The Website may, from time to time, contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.
MEMBERSHIP AND REGISTRATION
Certain areas of this Website may, in the future, require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. Little Rat Bastard reserves the right to reject any user name that is, in Little Rat Bastard’s sole and absolute judgment, offensive. You agree to notify Little Rat Bastard of any unauthorized use of your user name and/or password. You must be at least 13 years old to register on the Website.
PRODUCT DESCRIPTIONS
Little Rat Bastard attempts to be as accurate as possible. However, Little Rat Bastard does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Little Rat Bastard itself is not as described, your sole remedy is to return it in unused condition.
PURCHASE OF MERCHANDISE
In the event any merchandise or services are offered for sale via this Website which are listed at an incorrect price or contain other incorrect information, Little Rat Bastard shall have the absolute right to refuse or cancel any order placed for such merchandise or services and Little Rat Bastard is released from liability for same. Your only remedy is to return to Little Rat Bastard or a third party offering that merchandise for a refund, at Little Rat Bastard’s or the third party’s sole discretion.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Little Rat Bastard, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Little Rat Bastard. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Little Rat Bastard may operate stores, provide services, or sell product lines on this site. For example, Dead Man’s Gear sometimes offers their selection of apparel and other merchandise on our site, and other businesses. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Little Rat Bastard does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
SUBMISSIONS
Little Rat Bastard welcomes your comments but does not accept unsolicited submissions for programming, Websites and other products and we cannot review your submissions. Little Rat Bastard has adopted this policy to avoid misunderstandings about projects Little Rat Bastard develops which may appear to be similar to someone else’s idea, suggestion or material. If you choose to submit material to Little Rat Bastard despite this request not to submit ideas for programming, Websites and other products, Little Rat Bastard will not treat any submission as confidential. Little Rat Bastard will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that Little Rat Bastard has independently developed or that has or may come to Little Rat Bastard from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of Little Rat Bastard and will not be returned to you and Little Rat Bastard shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of Little Rat Bastard’s use of similar or identical material.
DISCLAIMER AND RELEASE OF LIABILITY
YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER LITTLE RAT BASTARD, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. LITTLE RAT BASTARD DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEBSITE.
LITTLE RAT BASTARD DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEBSITE.
LITTLE RAT BASTARD IS NOT LIABILE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. LITTLE RAT BASTARD IS NOT LIABILE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT LITTLE RAT BASTARD’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LITTLE RAT BASTARD FOR THE USE OF THE WEBSITE.
INDEMNIFICATION
You agree, at all times, to defend, indemnify and hold harmless Little Rat Bastard, its respective affiliates and licensors and each of their respective directors, officers, employees, shareholders and agents from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of material on the Website and any violation by you of these Terms of Use. You agree not to take any action that interferes with the proper working of the Website, imposes an unreasonable or disproportionately large load on the Website’s infrastructure, might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content in the Website.
GOVERNING LAW
This Website originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona in all disputes arising out of or relating to this Agreement or use of this Website without regard to conflict of laws or choice of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. Little Rat Bastard makes no representations regarding the legality of access to or use of the Website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.
SEVERABILTY
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.
ENTIRE AGREEMENT
This Agreement, the Privacy Policy, and any rules for the Website established by Little Rat Bastard constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.
HEADINGS
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.
