Terms of Service Agreement
Welcome to Playa Info Directory, a database and directory of people,
camps, rideshares, events and art projects ("Service") operated by Black Rock City,
LLC ("Burning Man"). By accessing or using the Service, you agree to the
following Terms of Service Agreement ("Agreement").
This Agreement sets out the legally binding terms of your use of Playa
Info Directory and may be modified by Burning Man at any time and without
prior notice, such modifications are effective upon posting by Burning Man.
You can always review the most current version of the Terms of Service at
http://playainfo.burningman.com/termsofservice. This Agreement reflects
Burning Man's acceptable use policy for content posted on the Playa Info
Directory and Burning Man's Privacy Policy, including any notices regarding
Playa Info Directory.
In addition to terms of this Agreement, you are also responsible for
familiarizing yourself with and adhering to the Community Guidelines which
are incorporated and applicable within this Agreement. Copies of the
Community Guidelines, as well as the Burning Man Privacy Policy are
available through links on the Playa Info Directory home page and on the
Burning Man web site.
- 1. Eligibility. You must be age thirteen or over to register as a
Playa Info Directory user or to contribute any information to the
Service. Use of the Service is void where prohibited. By using Playa
Info Directory, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and you agree to
abide by all of the terms and conditions of this Agreement.
- 2. Registration. In consideration of your use of the Service, you
agree to:
- (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form; and
- (b) maintain and promptly update the registration data to keep it
true, accurate, current and complete. You agree that you will
not provide any information or data about a person, camp, rideshare, event
or art project which is not you or your camp, rideshare, event or art project
without permission and authorization. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or Burning Man has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Burning Man has the right to suspend or terminate your use of the
Service and refuse any and all current or future use of the Service
(or any portion thereof).
- 3. User Account, Password and Security. You ("User") will receive a
password and profile upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to:
- (a) immediately notify Burning Man of any unauthorized
use of your password or account or any other breach of
security, and
- (b) ensure that you exit from your account at the end of
each session. Burning Man cannot and will not be liable for
any loss or damage arising from your failure to comply with
this Section.
- 4. Term. This Agreement will remain in full force and effect whiley
ou use the Playa Info Directory and/or are a User. You may terminatey
our use at any time and for any reason.
- 5. Non Commercial Use by Users. The Playa Info Directory is for the
personal use of individual users only and may not be used in connection
with any commercial endeavors. Organizations, companies, and/or
businesses may not become users and may not use the Playa Info
Directory for any purpose.
- 6. Proprietary Rights in Content Posted on the Playa Info Directory.
Burning Man does not claim ownership of content you submit or make
available for inclusion on the Service. User owns and retains all
proprietary rights to the content her or she provides on Playa Info
Directory. However, with respect to content you submit or make
available for inclusion on the Service, you may not copy, modify,
publish, transmit, distribute, perform, display or distribute any
proprietary information which you do not own or control, have written
permission to disclose or unless such information is in the public
domain. Additionally, you hereby grant Burning Man a non-exclusive,
world-wide, irrevocable, transferable, royalty-free license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display any information, data, descriptions, messages, or profiles
(collectively, "Content") you submit or make available for inclusion
on the Service solely for the purposes of providing the Content
submitted on the Service.
- 7. Content Posted on the Site.
- (a) You understand and agree that Burning Man may review and
delete Content that in the sole judgment of Burning Man violates
this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of
users.
- (b) You may not create or maintain any user accounts thatm
isrepresent yourself, by declaration or implication, as anyo
ther real-life person, living or dead.
- (c) You are solely responsible for the Content that you
publish or display (hereinafter, "post") on the Service, or
transmit to other users.
- (d) Illegal and/or unauthorized uses of the Playa Info
Directory, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the
Playa Info Directory will be investigated, and appropriate legal
action will be taken, including without limitation, civil,
criminal, and injunctive redress.
- (e) The following is a partial list of the kind of Content that
is illegal or prohibited on Playa Info Directory. Burning Man
reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending
post from the Service and terminating the use of such violators,
in connection with all available civil, criminal, and injunctive
remedies. You agree not to use the Service to:
- post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- harasses or advocates harassment, bullying or
intimidation of another person;
- upload, post, email, transmit or otherwise make
available any advertising, promotional materials,
"junk mail," "chain letters," or any other form of
unsolicited mass mailing or "spamming";
- upload, post, email, transmit or otherwise make
available any Content which you know is false,
misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory,
tortuous, libelous or otherwise violates another
person's rights;
- upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights of any party, including, but not limited to,
providing pirated computer programs or links to them,
providing information to circumvent
manufacture-installed copy-protect devices, and
providing pirated music or links to pirated music
files;
- upload, post, email, transmit or otherwise make
available any Content that contains restricted or
password only access pages, or hidden pages or images
(those not linked to or from another accessible
page);
- upload, post, email, transmit or otherwise make
available any Content that displays pornographic or
sexually explicit material of any kind;
- upload, post, email, transmit or otherwise make
available any Content that provides material that
exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from
anyone under 18;
- upload, post, email, transmit or otherwise make
available any Content that provides instructional
information about illegal activities such as making or
buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
- upload, post, email, transmit or otherwise make
available any Content that solicits passwords or
personal identifying information for commercial or
unlawful purposes from other users; and
- engages in commercial activities and/or sales
such as contests, sweepstakes, barter, advertising,a
nd pyramid schemes;
- upload, post, email, transmit or otherwise make
available any material that contains software viruses
or any other computer code, files or programs designed
to interfere with the Service and/or any computer
software or hardware or telecommunications
equipment;
- upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
- interfere with, disrupt, disable, overburden or
impair the proper working of the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service.
- (f) Even though all of the above activity is strictly
prohibited, there is a small chance that You might become
exposed to such items. You hereby waive any right to any
damages (from any party including Burning Man) related to
such exposure.
- (g) You must use the Service in a manner consistent with any
and all applicable laws and regulations.
- (h) You may not engage in advertising to, or solicitation of,
other users to buy or sell any products or services through
the Service. You may not transmit any chain letters or junk
email to other users. Although Burning Man cannot monitor the
conduct of its users outside of the Service, it is a violation
of these rules to use any information obtained from the
Service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to
any user without his/her prior explicit consent. In order to
protect our users from such advertising or solicitation,
Burning Man reserves the right to restrict your use of the
Service as Burning Man deems appropriate in its sole
discretion.
- (i) You acknowledge, consent and agree that Burning Man may
access, archive, preserve, and disclose your account
information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure
is reasonably necessary to:
- comply with legal process;
- enforce the Terms of Service;
- respond to claims that any Content violates the
rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety
of Burning Man, its users and the public.
-
8. Intellectual Property Rights. You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent
of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted
on the Service in a way that constitutes infringement, please
provide the Playa Info Directory administrator with 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 Playa Info Directory;
- (d) your address, telephone number, and email address;
- (e) a written 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;
- (f) 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 the
copyright owner's behalf.
- 9. Burning Man's Playa Info Directory Administrator for notice of
claims of infringement can be reached as follows: playainfo at
burningman dot com.
- 10. User Disputes. You are solely responsible for your interactions
with other Burning Man users. Black Rock City, LLC reserves the right,
but has no obligation, to monitor disputes between you and other
users.
- 11. Privacy. Use of Playa Info Directory and/or the Service, including
all information and Content generated by users, is governed by
Burning Man's Privacy Policy. By using the Service, you consent to
the Privacy Policy including its terms regarding the collection,
retention and use of User information and/or Content.
- 12. Disclaimer of Warranties. Burning Man tries to keep the Service
up, bug free and safe. BUT YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURNING MAN EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BURNING MAN MAKES NO
WARRANTY THAT:
- (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
- (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE,
- (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, AND,
- (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY
MATERIAL 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 BURNING MAN OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT.
- 13. WAIVER OF LIABILITY: YOU KNOWINGLY AND EXPRESSLY UNDERSTAND AND
AGREE THAT BURNING MAN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
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 BURNING MAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- (i) THE USE OR THE INABILITY TO USE THE SERVICE;
- (ii) UNAUTHORIZED ACCESS TO, MISUSE OR ALTERATION OF YOUR
TRANSMISSIONS, CONTENT OR DATA;
- (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR,
- (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
BURNING MAN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BURNING MAN FOR
THE SERVICE DURING THE TERM OF USE.
- 14. Termination. You agree that Burning Man may, in its sole
discretion and without prior notice to you, immediately terminate and
remove your account or Content and any associated email address or
access to the Service. Termination may result from, but not be
limited to,
- 15. Disputes. If there is any dispute about or involving
Playa Info Directory and/or the Service, by using the Playa Info
Directory, you agree that the dispute will be governed by the laws
of the State of California without regard to its conflict of law
provisions. You also consent to the exclusive personal jurisdiction
and forum of the state or federal courts in the state of California,
County of San Francisco.
- 16. Indemnity and Release. You agree to release, indemnify
and hold Burning Man, its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees and costs, made
by any party (including third parties) related to your Content, actions
or use of the Service. This release applies to both known and unknown
claims. If you are a California resident, you hereby waive California
Civil Code Section 1542, which says "A general release does not extend
to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
- 17. No Agency. There is no agency, partnership, joint
venture, employee-employer or franchisor-franchisee relationshipb
etween Burning Man and any user of the Service.
- 18. Additional Terms. This Agreement, accepted upon use
of the Playa Info Directory and further affirmed by becoming a User
of the Service, contains the entire understanding and agreement
between you and Burning Man regarding the use of Playa Info Directory
and/or the Service. The failure of Burning Man to exercise or enforce
any right or provision of these Terms of Service shall not constitute
a subsequent or prospective waiver of such right or provision. If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. The section titles
in this Agreement are for convenience only and have no legal or
contractual effect.
Please contact Burning Man with any questions regarding this Agreement
to the following address: playainfo at burningman dot com.
I HAVE READ THIS AGREEMENT AND MY USE OF PLAYA INFO DIRECTORY AND/ORT
HE SERVICE CONSTITUTES MY UNDERSTANDING AND ACCEPTANCE OF ALL OF THEP
ROVISIONS CONTAINED IN THIS AGREEMENT.