TERMS OF USE

FlynnEffect.com is the official FlynnEffect band website. This privacy policy extends to all aspects of www.flynneffect.com, and http://forums.flynneffect.com/
DMCA Compliance (Digital Millennium Copyright Act)—Can be viewed HERE (downloadable PDF)

User Agreement:

You represent and warrant that you:

  • own all of the rights to the content that you post;
  • that the content is accurate;
  • that the use of the content you supply does not violate the rights of any third party, including, without limitations, copyrights, trademarks, rights of privacy and publicity, it is not defamatory and will not cause injury to any person or entity;
  • and that that you will indemnify us and/or our affiliates for all claims resulting from content you supply.

We have the right to monitor and edit or remove any content, but we take no responsibility and assume no liability for any content posted by you or any third party. FlynnEffect reserves the right to terminate your account for any reason.

Copyright Complaints:
FlynnEffect asks that their users respect the intellectual property of others. FlynnEffect reserves the right to terminate your account if you infringe upon the copyright rights of others.

If you believe something on this site constitutes copyright infringement or a violation of other intellectual property rights, please provide a written notice providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site that is sufficient to allow us to locate the material;
  4. The email address, telephone number and mailing address at which the complaining party may be contacted;
  5. A statement that the complaining party has good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by the complaining party that the information provided is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on the copyright owner's behalf.

Contact Info:
copy@flynneffect.com

Confidentiality, Sharing of Information, and Disclosure of Practices

Use of registration form information

FlynnEffect's registration form requires users to give us Registration Contact Information ("Registration Contact Information" includes but is not limited to user name and e-mail address) and Demographic Information ("Demographic Information" includes but is not limited to user zip code). We use Registration Contact Information from the registration form to send the user information about FlynnEffect. The Registration Contact Information is also used to contact the user when necessary. FlynnEffect does not share any personally identifiable information with other companies.

FlynnEffect may send mailings to its members in the following ways:

  • Special email mailings are sent out sporadically. These mailing may include renewal reminders, announcements, news, events, and updates.

No Unlawful or Prohibited Use

As a condition of your use of FlynnEffect Sites/Services, you will not use FlynnEffect Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use FlynnEffect Sites/Services in any manner that could damage, disable, overburden, or impair any FlynnEffect Site/Service(s) (or the network(s) connected to any FlynnEffect Site/Service(s)) or interfere with any other party's use and enjoyment of any FlynnEffect Site/Service(s). You may not attempt to gain unauthorized access to any FlynnEffect Site/Service, other accounts, computer systems or networks connected to any FlynnEffect Site/Service, 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 FlynnEffect Sites/Services.

Security

This Web site has security measures in place to protect the loss, misuse, and alteration of the information under our control. FlynnEffect may be required to release personal information about users as a result of a lawsuit or subpoena or as immediately necessary to protect our rights or the rights and safety of others.

Public Forums

This Web site makes forums and/or message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Use of Material Supplied by You

You agree that upon posting information or advertisements on the Service, you grant FlynnEffect, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license under your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this agreement, "User Data" shall mean all information (if any) submitted by you, to FlynnEffect with the exception of credit card numbers, etc. The User Data shall be deemed to be the property of FlynnEffect. You also grant FlynnEffect the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FLYNNEFFECT SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO FLYNNEFFECT SITES/SERVICES AND TO THE INFORMATION THEREIN. FLYNNEFFECT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FLYNNEFFECT SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA FLYNNEFFECT SITES/SERVICES 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.

FLYNNEFFECT AND/OR ITS 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 FLYNNEFFECT SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLYNNEFFECT 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 FLYNNEFFECT 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 A FLYNNEFFECT SITE/SERVICE. YOU SPECIFICALLY AGREE THAT FLYNNEFFECT IS 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 FLYNNEFFECT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A FLYNNEFFECT SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL FLYNNEFFECT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY 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 FLYNNEFFECT SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE FLYNNEFFECT SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FLYNNEFFECT SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF FLYNNEFFECT SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLYNNEFFECT OR ANY OF ITS SUPPLIERS HAS 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 FLYNNEFFECT SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FLYNNEFFECT SITES/SERVICES.

GENERAL

This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of FlynnEffect Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FlynnEffect as a result of this agreement or use of FlynnEffect Sites/Services. You agree to indemnify and hold FlynnEffect, its 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 FlynnEffect Sites/Services. FlynnEffect reserves the right to disclose any personal information about you or your use of FlynnEffect Sites/Services, including its contents, without your prior permission if FlynnEffect 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 FlynnEffect or its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. FlynnEffect's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FlynnEffect's right to comply with governmental, court and law enforcement requests or requirements relating to your use of FlynnEffect Sites/Services or information provided to or gathered by FlynnEffect with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FlynnEffect with respect to FlynnEffect Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FlynnEffect with respect to FlynnEffect Sites/Services. 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.

  
 
 
  legal   |   contact ©2008 FLYNNEFFECT