Please read these terms and conditions of use carefully before using “The Bellwether
By using this website, referred to hereinafter as “THE BELLWETHER SITE”, you signify your agreement to the terms of use set forth below (the “Terms”). If you DO NOT agree to these Terms, please DO NOT use “THE BELLWETHER SITE”. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of “THE BELLWETHER SITE” following the posting of changes to these Terms will mean you accept and agree to all of these Terms including those changes.
THE BELLWETHER USER AGREEMENT
The following are the terms and conditions for use of www.thebellwetherla.com and various affiliated websites and web pages (collectively, the “Bellwether Web Sites”) operated by Third Pulse, LLC, a California limited liability company, and its affiliates (collectively hereinafter referred to as “THIRD PULSE”). These Terms apply to The Bellwether Site, and to all Third Pulse Web Sites operated by THIRD PULSE, and does not apply to the content of third parties (see section below: “Links to Third Party Sites”)
The Third Pulse Web Sites are offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of the Third Pulse Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Third Pulse Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that Third Pulse Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Third Pulse Web Site, then these terms shall control.
TERMINATION
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of The Bellwether Site, and each of the Third Pulse Web Sites and destroying all materials obtained from any and all such Third Pulse Web Sites and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to The Bellwether Site and the other Third Pulse Web Sites may be terminated immediately without notice from THIRD PULSE, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of all Third Pulse Web Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these Terms or otherwise.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Click here to see the Privacy Policy Statement for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
Third Pulse reserves the right to change the terms, conditions and notices under which the Third Pulse Web Sites are offered. You are responsible for regularly reviewing these Terms and conditions. Your continued use of the Third Pulse Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP
Unless otherwise specified, the Third Pulse Web Sites are for your personal and non-commercial use. The content available and any services made available through the Third Pulse Web Sites is the property of THIRD PULSE or its licensors and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Third Pulse Web Sites.
All of the content of The Bellwether Site and all Third Pulse Web Sites (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to Third Pulse, LLC, a California limited liability company, and its affiliates. The Bellwether trademark is owned by Third Pulse, LLC, (the “THIRD PULSE Trademarks”) by continuing to use The Bellwether Site and any of the Third Pulse Web Sites, you acknowledge and agree that any unlicensed commercial use of the THIRD PULSE, or its parent and affiliated entities including Another Planet Entertainment and Teragram Presents Trademarks is willful trademark infringement, strictly prohibited by federal law of the United States of America. You further acknowledge that THIRD PULSE retains exclusive ownership (or is the licensee) of the Third Pulse Web Sites, all content, materials and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Third Pulse Web Sites or their contents, and THIRD PULSE reserves all rights not expressly granted hereunder.
Without the advance express written permission of an authorized representative of THIRD PULSE, you may not “meta-search” the Third Pulse Web Sites, send, or cause to be sent, any automated queries of any sort to the Third Pulse Web Sites, or use the Third Pulse Web Sites in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Third Pulse Web Sites to determine how a web site “ranks” on any Third Pulse Web Sites.
LINKS TO THIRD PARTY SITES
The Bellwether Site and other Third Pulse Web Sites may contain links to third party web sites (“Linked Sites”) including but not limited to links to relevant portions of third party social media sites, ticket vendors, and merchandise sellers. The Linked Sites are not under the control of THIRD PULSE, and THIRD PULSE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site and its policies. THIRD PULSE is not responsible for webcasting or any other form of transmission received from any Linked Site nor is THIRD PULSE responsible if the Linked Site is not working appropriately. THIRD PULSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THIRD PULSE of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Third Pulse Web Sites or participation in promotions, including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. THIRD PULSE shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Third Pulse Web Sites, you will not use the Third Pulse Web Sites for any purpose that is unlawful or prohibited by these Terms, conditions, and notices nor cause damage to any third party. You may not use the Third Pulse Web Sites in any manner that could damage, disable, overburden or impair any Third Pulse Web Sites (or the network(s) connected to any Third Pulse Web Site) or interfere with any other party’s use and enjoyment of any Third Pulse Web Site. You may not attempt to gain unauthorized access to any Third Pulse Web Sites, other accounts, computer systems or networks connected to any Third Pulse Web Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Third Pulse Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), THIRD PULSE has designated an agent to receive notifications of claimed copyright infringement relating to the Third Pulse Web Sites (the “Designated Agent”). All such notifications relating to The Bellwether Site, or any of the Third Pulse Web Sites must be a written communication and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit THIRD PULSE personnel to locate the material.
Information reasonably sufficient to permit THIRD PULSE to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, or e-mail to THIRD PULSE’s Designated Agent as follows:
Service Provider: Third Pulse, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:
Third Pulse, LLC
ATTENTION: Designated Copyright Agent for The Bellwether
1815 Fourth Street, Suite “C”
Berkeley, CA 94710
United States of America
E-mail Address of Designated Copyright Agent: info@thebellwetherla.com
Subject Line: Designated Copyright Agent for The Bellwether
COMMUNITY FEATURES
THIRD PULSE may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the “Submitted Content”) in connection with various features of the Third Pulse Web Sites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. THIRD PULSE may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products (“Third Party Social Networking Features”). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions as set forth in such notification will apply.
In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Privacy Policy of this Website explains how such information may be collected and used. In consideration of your use of the Third Pulse Web Sites, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms (“Registration Data”); (ii) to maintain the security of your password and identification provided, if any; (iii) to maintain and promptly update Registration Data and any other information you provide to THIRD PULSE, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.
THIRD PULSE and its third-party providers (“Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although THIRD PULSE and its Vendors reserve the right to do so, and neither THIRD PULSE nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and THIRD PULSE or between you and THIRD PULSE’s Vendors other than as expressly set forth in this Agreement. You acknowledge that THIRD PULSE is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to THIRD PULSE under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If THIRD PULSE determines, in THIRD PULSE’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, THIRD PULSE reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Third Pulse Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational or other means available to THIRD PULSE to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Third Pulse Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the Third Pulse Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to THIRD PULSE a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
INDEMNIFICATION
You hereby agree to indemnify and hold THIRD PULSE and all Third Pulse Entities, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Third Pulse Web Sites and the products, merchandise, tickets and/or services purchased via the Third Pulse Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “Third Pulse Entities” shall mean, Third Pulse, LLC, Another Planet Entertainment, LLC, and Teragram Presents, and all of their respective parent, subsidiary, sister, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing, including all of their officers, directors, shareholders, members, managers, employees, contractors or agents.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Third Pulse web sites may include inaccuracies or typographical errors. Changes are periodically made to the Third Pulse Web Sites and to the information therein. THIRD PULSE and/or its respective suppliers may make improvements and/or changes in the Third Pulse web sites at any time. Advice or information received via the Third Pulse Web Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Third Pulse Entities and/or their respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Third Pulse Web Sites for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. THIRD PULSE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that the Third Pulse Entities shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Third Pulse Web Sites. You specifically agree that the Third Pulse Entities are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Third Pulse Entities are not responsible for any content sent using and/or included in an Third Pulse Web Site by any third party.
The Third Pulse Entities’ liability is limited to the maximum extent permitted by law. In no event shall the Third Pulse Entities and/or their employees, parents, subsidiaries, contractors, agents or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Third Pulse Web Sites, with the delay or inability to use the Third Pulse Web Sites or related services, the provision of, or failure to provide services, or for any information, software, products, services and related graphics obtained through the Third Pulse Web Sites, or otherwise arising out of the use of the Third Pulse Web Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if the Third Pulse entities or any of their suppliers have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Third Pulse Web Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Third Pulse Web Sites.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that THIRD PULSE may establish limits concerning use of any THIRD PULSE service offered on Third Pulse Web Sites, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Third Pulse Web Site or service, the maximum disk space that will be allotted on THIRD PULSE’s servers on your behalf, and the maximum number of times and duration you may access any Third Pulse Web Site in a given period of time.
You agree that the Third Pulse Entities have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Third Pulse Web Site. You acknowledge that THIRD PULSE reserves the right to log off accounts that are inactive for an extended period of time.
THIRD PULSE MAKES NO WARRANTY THAT ANY THIRD PULSE WEB SITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
REQUIRED DISCLOSURES
THIRD PULSE reserves the right to disclose any personal information about you or your use of the Third Pulse Web Sites, including its contents, without your prior permission if THIRD PULSE has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Third Pulse Entities or their affiliated companies; (3) enforce your agreement to these Terms or any other Agreement relating to your use of any Third Pulse Web Sites; or (4) act to protect the interests of its partners and affiliates or others. THIRD PULSE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THIRD PULSE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Third PulseWeb Sites or information provided to or gathered by THIRD PULSE with respect to such use.
GENERAL
This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the County of Alameda, State of California, U.S.A, in all disputes arising out of or relating to the use of the Third Pulse Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and THIRD PULSE as a result of this agreement or use of the Third Pulse Web Sites. You agree to indemnify and hold THIRD PULSE, the Third Pulse Entities, their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Third Pulse Web Sites.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and THIRD PULSE with respect to the Third Pulse Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and THIRD PULSE with respect to the Third Pulse Web Sites. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A printed version of this 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.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of certain Third Pulse Web Sites, upon use of applicable services (as defined by Cal. Civ. Code §1789.2) may file a complaint regarding an applicable service and receive further information on resolving such complaints from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at http://www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.