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Terms of Service
Tuesday, January 29th, 2008
Terms of Service
Welcome to Offbeatguides.com. Offbeat Guides provides website features subject to the following conditions.
If you visit or shop at Offbeatguides.com, you accept these conditions. Please read them carefully. In addition,
when you use any current or future Offbeat Guide service or business you also will be subject to the guidelines,
terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with
such Terms, the Terms will control.
Privacy
Please review our Privacy Notice, which also governs your visit to Offbeatguides.com, to understand our practices.
Electronic Communications
When you visit Offbeatguides.com or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of Offbeat Guides or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this site is the exclusive property of
Offbeat Guides and protected by U.S. and international copyright laws. All software used on this site is the property
of Offbeat Guides or its software suppliers and protected by United States and international copyright laws.
License and Site Access
Offbeat Guides grants you a limited license to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express written consent of Offbeat Guides. This
license does not include any resale or commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent
of Offbeat Guides You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Offbeat Guides without express written consent. You
may not use any meta tags or any other "hidden text" utilizing Offbeat Guide’s name or trademarks without the express
written consent of Offbeat Guides. Any unauthorized use terminates the permission or license granted by Offbeat Guides.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Offbeatguides.com
so long as the link does not portray Offbeat Guides, or its products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Offbeat Guides logo or other proprietary graphic or trademark as part
of the link without express written permission.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Offbeat Guides
reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Offbeat Guides a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the world in any media. You grant Offbeat
Guides and sublicensees the right to use the name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content
is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or
entity; and that you will indemnify Offbeat Guides for all claims resulting from content you supply. Offbeat Guides has
the right but not the obligation to monitor and edit or remove any activity or content. Offbeat Guides takes no
responsibility and assumes no liability for any content posted by you or any third party.
Risk and Loss
All guide books purchased from Offbeat Guides are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Offbeat Guides attempts to be as accurate as possible. However, Offbeat Guides does not warrant that product
descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product
offered by Offbeat Guides itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OFFBEAT GUIDES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. OFFBEAT GUIDES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OFFBEAT GUIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFFBEAT
GUIDES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM OFFBEAT GUIDES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OFFBEAT GUIDES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Offbeat Guides.com, you agree that the laws of the state of California, without regard to principles of
conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Offbeat Guides.
Disputes
Any dispute relating in any way to your visit to Offbeatguides.com or to products or services sold or distributed by
Offbeat Guides or through Offbeatguides.com in which the aggregate total claim for relief sought on behalf of one or
more parties exceeds $7,500 shall be adjudicated in any state or federal court in the City and County of San Francisco,
California and you consent to exclusive jurisdiction and venue in such courts.
Offbeat Guides, Inc.
201 Post Street, Suite 1100
San Francisco, CA 94108
http://www.offbeatguides.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide
Offbeatguides.com’s copyright agent the written information specified below. Please note that this procedure is exclusively
for notifying Offbeat Guides that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
Offbeat Guide’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Offbeat Guides
210 Post Street, Suite 1100
San Francisco, CA 94108