By
using this website, you are agreeing to the following Terms of Use
Agreement (“Agreement”) by which Branson's Tour Guide (also
referred to as BTG, We, The/Our Website) and Eslinger Ultramedia offer you
limited and revocable access to our services and website(s). Please review the entire Agreement carefully.
This
Agreement applies to all uses of any website owned and operated by Daniel Eslinger/Eslinger Ultramedia including, but not
limited to, reading and/or commenting, posting of information,
participating in chat rooms or in threaded discussions, using e-mail or
other features offered on our (BTG) website. BTG may restrict, suspend,
or revoke your registration or ability to access or use this site or any
other website privately owned by Eslinger Ultramedia and/or Daniel Eslinger, with or
without prior notice, if you violate the Agreement.
Disclosure
While this site seeks to provide only honest information, it is done as our opinion and/or the opinion of our advertisers, sponsors etc. Danny Branson is a character portrayed for entertainment purposes only. We sometimes receive payment by companies and/or individuals. This content is not the majority of the content we provide.
1. General
While this site seeks to provide only honest information, it is done as our opinion and/or the opinion of our advertisers, sponsors etc. Danny Branson is a character portrayed for entertainment purposes only. We sometimes receive payment by companies and/or individuals. This content is not the majority of the content we provide.
1. General
We
(BTG) reserve the right to change this Agreement at any time at our
sole discretion. You should check this website from time to time to
review the most current published Agreement as it is binding on you as a
visitor and active participant. Your continued use of the Site
constitutes your acceptance of the terms of this Agreement.
2. Applicable Laws
You
are required to comply with all applicable laws in connection with your
access to and use of the website, and such further limitations as may
be set forth in any notice (including both written and online notices)
from BTG. As a condition of your access and use of this website, you
warrant that you will not use the website for any purpose that is
unlawful or prohibited by the Agreement. Use of the site is for your use
as described in the Agreement, and BTG does not grant you any express
or implied right to access or use this website for any other purposes.
3. Copyright Rights
All
copyright rights in the text, images, photographs, graphics, user
interface, and other content provided on this website (collectively, the
website “Content”), and the selection, coordination, and arrangement of
such Content, are owned by or curated by BTG, Daniel Eslinger, any third-party
licensors, credited third-party sources etc. to the full extent
permitted under the United States Copyright Act and all international
copyright laws. Except as otherwise indicated, you are authorized to
make use of the Content for educational and non-commercial purposes
only, provided that you maintain all copyright and other notices posted
along with the Content and comply with the United States Copyright Act
and all international copyright laws. Any reproduction, copying,
modifying, redistributing, displaying, performing, or transmitting of
the Content for commercial purposes is strictly prohibited without BTG's
prior written consent. Systematic retrieval of data or other content
from this Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from Daniel Eslinger is prohibited.
4. Privacy
Your
use of this website will be governed exclusively by this Agreement. By
visiting our website, you also indicate that you understand and consent
to the information collection, use, and disclosure practices described
in this Agreement.
5. Registration
If
any place on the Site asks you to register, you agree to provide
accurate, current, and complete information about yourself as prompted
in the registration form, and to maintain and promptly update this
information. BTG has the right to suspend or terminate your account and
refuse any and all current or future use of its service if it suspects
that such information is inaccurate or incomplete.
6. Security
You
are responsible for maintaining the confidentiality of any password and
username you are given or that you select to access this website, and
you are fully responsible for all activities that occur under your
password or account. You agree to immediately notify BTG via our
published information on this website if you become aware of any
unauthorized use of your password or username or any other breach of
security.
7. User Content and Communications
This
website may offer features, now or in the future, that allow users to
post content and communicate with others. To the extent that you add,
upload, transmit, post, communicate, or store any content on the website
or otherwise submit any content for use by BTG (collectively “User
Submissions’), you are solely responsible for all of the information,
statements, facts, and material contained in such submissions. You are
also solely responsible for your reliance on any communications or
information found on this website. In cases where you feel threatened or
believe someone else is in danger, you should contact your local law
enforcement agency immediately. If you think you may have a medical
emergency, call your doctor or 911 immediately.
In
connection with any such User Submissions, you agree not to transmit,
distribute, post, communicate, or store information or other material
on, to, or through the Site that:
(a) is copyrighted, unless you are the copyright owner;
(b) infringes on intellectual property rights of others or on the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d)
contains falsehoods or misrepresentations that could damage BTG, Daniel
Eslinger (our successors and assigns) or any third party;
(e)
is obscene, libelous, defamatory, threatening, harassing, abusive,
hateful, sexually-explicit, or embarrassing to any other person or
entity as determined by BTG, in its sole discretion;
(f) is illegal or otherwise deemed objectionable by BTG;
(g) includes, promotes, or refers to chain letters or pyramid schemes or to surveys and contests that are not sponsored by BTG.
You
understand that BTG does not guarantee that we will publish or maintain
your User Submissions on our website(s). BTG may remove, reject,
review, or revise User Submissions at any time, without prior notice and
at its sole discretion. BTG does not guarantee any confidentiality with
respect to any User Submissions that you choose to add, upload,
transmit, post, communicate, or store on the Site or that BTG and or
Daniel Eslinger otherwise may receive from you.
BTG does not claim sole ownership of User Submissions. However, by adding,
uploading, transmitting, posting, communicating, or storing such User
Submissions on our website or by otherwise submitting such User
Submissions to BTG, you agree to and hereby grant BTG and Daniel
Eslinger (its successors and assigns), and the operators of the website,
a worldwide, non-exclusive, royalty free, perpetual, irrevocable,
transferable, and sub-licensable license and right (including any moral
rights) to use, edit, modify, copy, reproduce, distribute, transmit,
broadcast, display, create derivative works of, publish, perform, adapt,
translate, and display such User Submissions on or in connection with
the website and for such other purposes as BTG (its successors
and assigns) may deem appropriate, in all technological or media formats
and channels now known or later developed. No compensation will be paid
with respect to the use of your posting. BTG is free to use any ideas,
concepts, know-how, or techniques contained in any communication to our
website(s) for any purpose whatsoever, including, but not limited to,
developing, manufacturing, and marketing products using such
information. You also hereby grant each user of the website a
non-exclusive license to access your User Submissions through the Site,
and to use, reproduce, distribute, prepare derivative works of, display,
and perform such User Submissions if BTG does not prohibit the use
thereof.
8. Prohibited Uses Generally
By using this website, you agree not to:
(a)
use any incomplete, false, or inaccurate biographical information or
other information or allow any other person or entity to use your
identification information for purposes of registering as a user of the
website, or for purposes of registering for any promotions, contests or
surveys offered through the website;
(b) delete or revise any material or other information of any other user, BTG, or any third party;
(c)
harvest or otherwise collect information about others, including e-mail
addresses, without their written consent as well as the written consent
of BTG;
(d) take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure;
(e)
use any device, software, or routine to interfere or attempt to
interfere with the proper working of the website or any activity being
conducted on the website;
(f)
use or attempt to use any engine, software, tool, agent or other device
or mechanism (including, without limitation, browsers, spiders, robots,
avatar’s or intelligent agents) to navigate or search the website other
than the search engine and search agents available on the webite and
other than generally available third-party web browsers (e.g., Microsoft
Internet Explorer, Firefox, etc.);
(g)
attempt to decipher, decompile, disassemble, or reverse-engineer any of
the software comprising or in any way making up a part of the website;
(h) post advertisements or solicitations of business other than those explicitly approved by BTG;
(i) solicit BTG users and others to join outside sites or online services or organizations;
(j)
disrupt the normal flow of dialogue, cause a screen to “scroll” faster
than other users are able to type, or otherwise act in a manner that
negatively affects other users’ abilities to engage in real time
exchanges; or
(k)
engage in any other conduct that restricts or inhibits any other person
from using or enjoying the website, or which, in the judgment of BTG,
exposes BTG or any of its customers, advertisers or suppliers to any
liability or detriment of any type.
You further agree not to violate or attempt to violate the security of this website, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b)
attempting to probe, scan, or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization;
(c)
attempting to interfere with service to any user, host, or network,
including, without limitation, by way of submitting a virus to, or
overloading, "flooding", "spamming", "mailbombing" or "crashing", the
website;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations
of system or network security may result in civil or criminal
liability. In accordance with the Agreement, BTG may investigate and
work with law enforcement authorities to prosecute users who are
involved in such violations.
9. Third-Party Advertisements, Content, and Links
The
Site may contain advertisements for or information about third-party
products and services (“Third-Party Materials”), as well as third-party
owned content and links to other websites ("Linked Sites"). BTG and
Daniel Eslinger do not endorse, sponsor, recommend, or otherwise
accept responsibility for any Third-Party Materials or Linked Sites, and
may not be held liable for any Third-Party Materials or Linked Sites
advertised, promoted, or otherwise referred to on this Website. In
addition, Third-Party Materials and Linked Sites are not under the
control of BTG, and BTG is not responsible for the content or privacy
practices of those third parties or the Linked Sites, including, without
limitation, links contained on Linked Sites, or any changes or updates
to Linked Sites. BTG provides Third-Party Materials and Linked Sites to
you as a convenience and for entertainment purposes, and their inclusion
in our sites is not an endorsement by BTG in favor of any third party
or any third-party products or services.
If
you choose to contact, purchase any products or services from, or
otherwise engage with a third party, your relationship is directly with
the third party. BTG and Daniel Eslinger have no control over and make
no representations or warranties with respect to any Third-Party
Materials or Linked Sites, including any of the items advertised on this
website. BTG does not control or guarantee the safety, quality,
integrity, or accuracy of any advertisements on the website or of any of
the items advertised; the rights and ability of sellers to advertise or
sell items; the rights and ability of buyers to purchase items; or
anything else related to any transaction between buyer and seller with
respect to materials advertised or promoted on the website. BTG is not
responsible for any loss or damage of any sort you may incur from
dealing with any third party.
10. Notice of Copyright Infringement
If
you believe that your work has been copied and is accessible on any of
our websites in a way that constitutes copyright infringement, please
provide BTG, via our published Contact Information, with the following
information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the website that is requested to be removed;
(c)
your name, address and daytime telephone number, and an e-mail address
(if available), so that we may contact you if necessary;
(d)
a statement that you have a good-faith belief that the use of the
copyrighted work is not authorized by the copyright owner, its agent, or
the law;
(e)
a statement that the information in the notification is accurate, and
under penalty of perjury, that the signatory is authorized to act on
behalf of the owner of an exclusive copyright right that is allegedly
infringed; and
(f)
an electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf to assert infringement of copyright and
to submit the statement.
BTG will remove any content which infringes upon the copyright of any
person and/or business under the laws of the United States upon receipt
of such a statement. Please be advised that U.S. law does provide
significant penalties for submitting such a statement falsely.
11. Hyperlinking
Unless
you are subsequently advised otherwise by BTG, you are hereby licensed
to create hyperlinks to the content on the Website, provided the
hyperlink accurately describes the content as it appears on the Website.
We (BTG) reserve the right to revoke this license generally, or your
right to use specific links, at any time. Under no circumstances may you
"frame" the Site or any of its content or copy portions of the Site to a
server, except as part of an Internet Service Provider's incidental
caching of pages. Each page within the website must be displayed in full
(including all trademarks, branding, advertising and promotional
materials), without any accompanying frame, border, margin, design,
branding, trademark, advertising, or promotional materials not
originally displayed on the page within said site.
12. Disclaimer of Warranties
THE
SITE IS PROVIDED "AS IS." BTG and DANIEL ESLINGER MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE,
LINKED SITES, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE
DIRECTLY OR INDIRECTLY THROUGH THE SITE. BTG DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, BTG DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT
OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c)
WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d)
WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR
COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY
BARRINGTON, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE,
NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BTG OR ANY THIRD PARTY.
FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR
REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
BTG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT
THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR,
OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS
IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS
SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND BTG DISCLAIMS ALL
RESPONSIBILITY FOR THESE CHANGES.
13. Limitation of Liability
IN
NO EVENT WILL BTG, DANIEL ESLINGER OR ITS AFFILIATES, or any party
involved in creating, producing, or delivering the website be liable for
any direct, incidental, consequential, indirect, special, or punitive
damages arising out of your access, use, misuse, or inability to use
this website or any linked sites, OR IN CONNECTION WITH ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. BTG reserves
the right to alter the content of this website in any way, at any time,
for any reason, without prior notification, and will not be liable in
any way for possible consequences of such changes. IN THE EVENT THAT YOU
HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY
WAY CONNECTED WITH USE OF THE WEBSITE, YOU RELEASE BTG and DANIEL
ESLINGER FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These
limitations apply whether the alleged liability is based on contract,
tort, negligence, strict liability, or any other basis, even if BTG and
Daniel Eslinger have been advised of the possibility of such damage.
14. Indemnification
You
agree to defend, indemnify, and hold harmless BTG, Daniel Eslinger and
third parties who contribute to the site from any loss, damage, or cost
(including attorneys’ fees) resulting from your violation of the
Agreement.
15. Severability and Integration
Unless
otherwise specified herein, the Agreement constitutes the entire
agreement between you and BTG and governs your use of this website,
superseding any prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and BTG. If any
portion of this Agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intention of BTG, and the
remaining portions shall remain in full force and effect.
16. No Waiver
The
failure of BTG to enforce any provisions of the Agreement or respond to
a breach by you or other parties shall not in any way waive its right
to enforce subsequently any terms or conditions of the Agreement or to
act with respect to similar breaches.
17. Termination
BTG reserves the right, in its sole discretion, to terminate your access to
all or part of this website and/or any of our website, with or without
notice. Otherwise applicable sections of the Agreement shall survive
termination.
18. Miscellaneous
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and BTG and Daniel Eslinger, Eslinger Ultramedia as a result
of this Agreement or your access to and use of the website.
A
printed version of the Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
Nothing
contained in this Agreement is in derogation of BTG's right to comply
with governmental, court, and law enforcement requests or requirements
relating to your use of the website or information provided to or
gathered by BTG with respect to such use.