Gateway Burners Privacy Policy
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CEASE USE OF gatewayburners.org AND ALL RELATED FEATURES.
This is an agreement between you and Gateway Burners, LLC, the owner and operator of gatewayburners.org.
By using the gatewayburners.org website and its features you hereby consent to the following:
1. OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, photos, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the content) including the manner in which the Content is presented or appears and all information relating thereto, are the property of Gateway Burners, LLC or their respective owners as indicated, or its licensors, as the case may be.
2. PERMITTED USE
Gateway Burners, LLC hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content for personal use. Gateway Burners, LLC grants to You, as an individual, a representative of any educational institution, a member of any art, music or performance related group, or as a member of any community group, non-transferable and non-exclusive license to reproduce written content accesible via the gatewayburners.org website and graphical content from the "D.I.Y. Promotional Page" or "Free Art & Downloads Page" for non-profit, non-commercial, educational, promotional or artistic purposes. Permission to use additional graphical content or photographs or video is only granted by written request and may include permission from photographers in addition to Gateway Burners, LLC. Any "for-profit" usage must be granted written permission from Gateway Burners, LLC and any proceeds thereof must benefit the Sanctuary event and community.
3. RESTRICTIONS ON USE
You agree that You will NOT:
- under any circumstances sell any content or use any content "for profit" or commercial purposes, project or ventures of any kind.
- distribute the Content for any purpose not specified above including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share,outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Gateway Burners, LLC or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
4. LICENSE TO USE YOUR INFORMATION
With the exception of personal information, You hereby grant to Gateway Burners, LLC the perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to gatewayburners.org or Gateway Burners, LLC by e-mail or other correspondence, including without limitation, any ideas, concepts, know-how, written content, artwork, photographs techniques or any intellectual property contained therein, for any purpose whatsoever. Gateway Burners, LLC shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by Gateway Burners, LLC in writing or required by law. You represent and warrant that you have the right to grant the license set out above. Gateway Burners, LLC will use such information for purposes related to the organization and promotion of the Sanctuary festival and community events, and any content used for any commercial purposes will be used only for fundraising purposes which benefit Gateway Burners, LLC, the Sanctuary festival, and its related community or charitable projects. If a photograph of you or your artwork, or your written material appears on this website and you would prefer to have it removed, please contact Sanctuary Webteam.
5. PERSONAL INFORMATION
Gateway Burners, LLC may from time to time, but is not obligated to, monitor your use of the web site and collect, store, use and disclose personal information about You to organizers and volunteers related to the Sanctuary festival and community event, and may disclosed such information if and only if required or requested to do so in writing by law or legal court order. Gateway Burners, LLC, will not sell or distribute your information to additional third parties without your permission. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have. YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY gatewayburners.org BY CONTACTING Sanctuary Webteam.
6. LIMITATIONS ON LIABILITY AND DISCLAIMERS
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND Gateway Burners, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. This web site and its Content are not to be construed as a form of promotion [or an offer to sell any product or service]. This web site may contain links to other sites. Gateway Burners, LLC does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Gateway Burners, LLC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Gateway Burners, LLC is affiliated or associated with same. Gateway Burners, LLC DOES NOT RECOMMEND OR NECESSARILY ENDORSE ANY OF THE CONTENT THAT MAY BE POSTED BY USERS OF THE WEBSITE OR FORUMS, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service. Gateway Burners, LLC will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of any content, confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any content or to transmitted, stored or received information. You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND MAY NOT TO BE RELIABLE. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. NO CONTENT ON THE WEBSITE IS TO BE CONSTRUED AS LEGAL OR MEDICAL ADVICE.IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET YOUR NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL Gateway Burners, LLC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR VOLUNTEERS OR COMMUNITY MEMBERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, VOLUNTEERS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS' AND EMPLOYEES' or VOLUNTEERS CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE RESPONSIBLE FOR ANY MONETARY AMOUNT.
Gateway Burners, LLC ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE TERMS OF SERVICE OF THIS SITE AND THIS AGREEMENT MAY BE CHANGED WITHOUT NOTICE TO YOU. Gateway Burners, LLC IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. gatewayburners.org MAY CONTAIN CONTENT OR OPINIONS UNSUITABLE FOR YOUNG VIEWERS AND MAY ALSO CONTAIN CONTENT AND OPINIONS NOT SUITABLE FOR ANYONE. Gateway Burners, LLC DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
7. TERMINATION
This Agreement is effective until terminated by Gateway Burners, LLC, with or without cause, in Gateway Burners, LLC's sole and unfettered discretion. Gateway Burners, LLC may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Gateway Burners, LLC, shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
8. INDEMNITY
You agree at all times to indemnify, defend and hold harmless Gateway Burners, LLC,, its volunteers, agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:
- any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence; or
- Your use or misuse of the Content or this web site, including without limitation infringement claims
9. GOVERNING LAW
Gateway Burners, LLC, this web site and the Content (excluding linked web sites or content) are physically located within The United States of America. This Agreement will be governed by the laws of The United States of America.
10. DISPUTE RESOLUTION
In the event of a dispute, We agree to submit to the jurisdiction of the US courts.
11. INTERPRETATION
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
12. ENTIRE AGREEMENT
These terms and conditions and any and all legal notices on this web site constitute the entire agreement between You and Gateway Burners, LLC with respect to the use of this web site and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
13. SEVERABILITY
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
14. ENUREMENT
This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© Gateway Burners, LLC, 2008. "Gateway Burn: Gateways" is a Burning Man Regional event produced by Gateway Burners, LLC. "Burning Man" and "Black Rock City" are the trade-marks of Burning Man, LLC, and are used with specific permission from the trade-mark owner.