Terms of Service
Welcome to the Internet Sites of the Mondout Media. Mondout Media includes Super70s.com, Awesome80s.com, Virtual90s.com, BaseballChronology.com, PopCultureverse.com and other sites affiliated with Mondout Media (each a “Mondout Media Site”). Mondout Media is operated by Patrick Mondout (referred to herein as “we”, “us”, or “our”).
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any Mondout Media Site are the copyrighted property of Mondout Media, or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Mondout Media or its affiliates. No material from any Mondout Media Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Mondout Media Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us.
Mondout Media Sites allow visitors to its site to post comments on the Site (“Submissions”). If you post reviews or comments on a Site, you expressly grant Mondout Media and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the universe in any media. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You represent and warrant that you own or otherwise control all of the rights to any Submissions or other content that you post on this site and that use of your Submissions or other content by Mondout Media and its affiliated sites will not infringe upon or violate the rights of any third party. You also grant Mondout Media and its affiliates and sublicensees the right to use the name that you submit with any Submission, if any, in connection with such Submission. You also grant Mondout Media and its affiliates and sublicensees the right to edit any submitted comments.
The Mondout Media Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Promote any commercial activity without prior written consent from Mondout Media.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Messages posted via our feedback system or any chat rooms/forums/blogs/discussion boards left by visitors are solely the opinion and responsibility of the person posting the message. Mondout Media is not responsible for messages left by visitors. You are responsible for your own posts. Mondout Media has no obligation to monitor the Communication Services. However, Mondout Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mondout Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mondout Media reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mondout Media’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mondout Media does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mondout Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mondout Media spokespersons, and their views do not necessarily reflect those of Mondout Media.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mondout Media Site, you warrant to Mondout Media that you will not use the Mondout Media Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mondout Media Site in any manner which could damage, disable, overburden, or impair the Mondout Media Web Site or interfere with any other party’s use and enjoyment of the Mondout Media Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mondout Media Sites.
CONTENT LINKED TO ANY MONDOUT MEDIA SITE
Please exercise discretion while browsing the Internet using any Mondout Media Site. You should be aware that when you are on a Mondout Media Site, you could be directed to other sites that are beyond our control. There are links to other sites from Mondout Media pages that take you outside of our service. For example, if you “click” on an advertisement or a search result, the “click” may take you off the Mondout Media Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Mondout Media Sites may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to any Mondout Media Site.
THE MATERIALS IN THIS MONDOUT MEDIA SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MONDOUT MEDIA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MONDOUT MEDIA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MONDOUT MEDIA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Mondout Media Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Mondout Media Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You are entirely responsible for maintaining the confidentiality of your personal information. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your usage of our Sites. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MONDOUT MEDIA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MONDOUT MEDIA SITE.
Unless otherwise specified, the materials in any Mondout Media Site are presented solely for the purpose of promoting music, books, films, and other products available in the United States and its territories, possessions, and protectorates. Mondout Media is controlled and operated by Patrick Mondout in Arizona. We make no representation that materials on any Mondout Media Site are appropriate or available for use in any particular location. Those who choose to access a Mondout Media Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Mondout Media Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all Mondout Media Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Mondout Media Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washington County, Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any Mondout Media Site, electronic mail to a user’s e-mail address on our records, or by written communication sent by first class mail to a user’s address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
- Service Provider: Mondout Media
- Name of Agent Designated to Receive Notification of Claimed Infringement: Patrick Mondout
- Full Address of Designated Agent to Which Notification Should be Sent:
9603 W Glen Oaks Circle
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of 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 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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.
We have posted our privacy statement here.
Any rights not expressly granted herein are reserved by Mondout Media.