The site is provided on an “as is” and “as available” basis and in particular we do not warrant that: the site will continue to be available to you in its current format; the site or any software available from it will be free from viruses or defects; the Material contained on the site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose). We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents or Members of the site, and any implied warranties are excluded to the extent permitted by law. We do not warrant that this site, the server that supplies it, or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
We shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the site, or your inability to use it.
All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive. Much of the content is made available by third party sources. We are not responsible for any copyright or trademark violations nor any similarity of the content to other published works. Any such discrepancy falls on the third party source.
You agree 1. not to use the site or its Material for any unlawful purpose; 2. that you shall not make any use of the site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; 3. in particular that you shall not run any automated scripts on any part of the site without our express authorization; 4. not to use the site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, 5. or in such a way as to cause annoyance, inconvenience or needless anxiety; 6. not to use the site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality); 6. that you shall not use the site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; 7. that in the event that you may have any right, claim or action against any other Member arising out of the use of the site you shall pursue such right, claim or action independently of, and without recourse to, us; 8. that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site; 9. That we shall have the right to immediately suspend your access to the site if you commit a breach of these Terms and Conditions.
By downloading and using our RSS Feeds you agree to be bound by our terms and conditions. Our RSS feeds are entirely free of charge for non-commercial use. You may not use our feeds on any site that we would consider a competitor of TENNESSEE UNDERGROUND. If you wish to discuss any commercial content or data feed requirements you may have, please contact us.
Any web sites to which you link through the site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.
We accept no liability with respect to any of the products, information, material or services offered or provided by other organizations listed on, or linked to, this site. Should you decide to contract with any of these organizations, the contract will be directly between you and the relevant organization. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organizations.
When seeking access to parts of the site, such access to interact with other Members you will be asked to register and/or subscribe. You must then supply certain details if requested, such as your email address and a password. To become a Member and you can only access the registration areas of the site if: You are aged 13 or older; You create a profile to become a Member; Your email address and password (if requested) are personal and may not be used by anyone else to access the site; You do not do anything to allow anyone who is not a registered Member to access any registration area of the site; You do not create additional registration accounts which may cause disruption or abuse of the site; You do not supply us with false or misleading information or pass yourself off as another Member. If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.
We can at our discretion, refuse any application to become a Member. We may also suspend or cancel this agreement and your ability to use the site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these Terms and Conditions or any conduct in connection with your use of the site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site. No refunds on services will be given. It is your responsibility to access your payment method and cancel any recurring payments as we have no control of that function once initiated.
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.
By publishing or posting material on this site, you warrant to us that: You do not infringe the rights of any individual, corporation or organization, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions; You have not defamed any individual, corporation organization or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or improvable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, color or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.
You acknowledge that all rights, including copyright and database rights, for any content on the site (including TENNESSEE UNDERGROUND trade names and logos) or which is submitted by you belongs to us or are licensed by you to us for the purposes in 11 above. You may use and contribute to the site for your own private purposes but not for any purpose which includes junk mail, spam, chain letters, pyramid schemes or any other form of exploitation. You will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this site without our written permission, except that you may reproduce reasonable extracts of any contribution to the site and its community, without our prior permission for non-commercial purposes. The designs, images and content of the site are, unless otherwise stated, our property or our licensors’ property. We provide Material on the site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the services of the site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the site, unless it is for the personal use of a third party. No part of the site must be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.
You indemnify and will keep indemnified TENNESSEE UNDERGROUND, its holding company and/or subsidiaries, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms and Conditions by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defense of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operations as may reasonably be requested by us.
You acknowledge that: the contributions to the site and its community are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders; it is your sole responsibility to check the accuracy of any facts and opinions given by any Member on this site before entering into any commitment based upon them; we do not, as a matter of course, actively moderate, monitor or edit the Member contributions to the site and its community; any third parties advertising on our site, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.
We are not liable for any loss or damage, howsoever arising, from your registration to the site and its community by other parties, your use of it or inability to use it, or any errors and omissions on the site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
The owner of this site reserves the right to edit or delete any comments submitted to this blog without notice due to; 1. Comments deemed to be spam or questionable spam; 2. Comments including profanity; 3. Comments containing language or concepts that could be deemed offensive; 4. Comments that attack a person individually.
We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties providing similar services. You can indicate you do not wish to receive such material by editing your account preferences.
If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.
We will not, under any circumstances whatsoever, give out or sell your information (including name and email address) to anyone. Period. We will also never send you an email unless it is important and directly related to your experience. Also, no one will ever have access to your groups’ posts, files, and other data.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
These Terms shall be governed by the laws of the United States and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of the State of Tennessee.
TENNESSEE UNDERGROUND has no political or religious affiliation and does not endorse any political candidate, political party, or religious group.
TENNESSEE UNDERGROUND does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
TENNESSEE UNDERGROUND does not necessarily endorse organizations linking to an TENNESSEE UNDERGROUND website, or the views, products, or services they offer.
TENNESSEE UNDERGROUND is not responsible for transmissions users receive from linked websites.
TENNESSEE UNDERGROUND does not support or endorse any website that advocates hate, bias or discrimination.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. Giveaways are sponsored by TENNESSEE UNDERGROUND, Christiana, TN 37037 (“Sponsor”). Internet participants: The promotions are intended for viewing and participation by all individuals from all areas except where prohibited (see below). Do not proceed with this contest if you are outside of eligible areas.
Eligibility: This giveaway is open to all internet participants who reside in the USA. Open only to individuals 18 years of age or older, with Internet access prior to the start date and time of the giveaway/contest. Employees, officers, and directors of Sponsor and its parent, affiliated, and subsidiary companies, distributors, retailers, licensors, advertising and promotional agencies (collectively, “Sponsor’s Entities”) (and the immediate family members, including parents, spouses, children, and siblings, of all of the foregoing) are not eligible to participate or win.
General: Void where prohibited by law. All entries become property of Sponsor and may not be acknowledged or returned. Acknowledgment of an entry does not indicate that the entry qualifies, only that the entry has been received. By entering, the entrant assumes all liability for injury or damage caused or alleged to be caused by participation in this giveaway and/or the acceptance, use, or misuse of any prize. Sponsor’s Entities and all Internet server(s) and access provider(s), and the respective entities, designees and representatives of each of the foregoing (collectively, the “Releases”) are not responsible for: any incorrect or inaccurate entry information; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software, including without limitation any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the giveaway; inability to access SideshowCollectibles.com Site and/or any other website referenced herein; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly, or is incomplete, stolen or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever; or printing or other errors. By entering, the entrant releases and waives any claim(s) they may have against Releases for any and all injuries, claims, damages, losses, costs or expenses of any kind (including without limitation attorney’s fees) resulting from or alleged to result from participation in this giveaway and/or the acceptance, use, or misuse of any prize or parts thereof, or participation in this giveaway. Sponsor shall not be liable to winner or any other person for failure to supply the prize by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, international carrier issues or any other cause beyond Sponsor’s sole control. If for any reason, the giveaway is not capable of running as planned or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this giveaway or any portion thereof. In the event this giveaway is cancelled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted at the TENNESSEE UNDERGROUND Site. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the giveaway is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
NOTE: Internet entry must be made by the entrant only at the TENNESSEE UNDERGROUND Site or TENNESSEE UNDERGROUND Social Media Sites. Entries made by any other individual or any entity, and/or originating at any other Internet web site or e-mail address, including but not limited to commercial giveaway subscription notification and/or entering service site, will be declared invalid and disqualified for this giveaway. Use of any device to automate the entry process is prohibited.
This demo video is intended to be simple and elegant. It is primarily focused on solo artists, small bands, stand up comics, and amateur performers looking to develop a demo reel. This limited time service is provided free of charge to a finite number of successful applicants and is in no way designed to be a full blown multi-angle, cinema quality shoot with special effects, pyrotechnics, and hundreds of man-hours in pre and post production.
The ideal candidate will be a solo vocalist or performer with one instrument who wishes to capture their talent. Bands and other performances will be considered but they are responsible for providing a suitable output from their A/V equipment into our mixer without additional mixing and mastering and without multiple camera angles.
Only a limited number of successful applicants will be chosen. Successful applicants will have read, completed, and signed the entire application. Successful applicants will have signed release forms and agree to all terms and conditions. All applications, submissions, forms, media, bio’s, and all other data becomes property of the producer. TENNESSEE UNDERGROUND reserves the right to refuse, deny, cancel, or modify any parts without notification. All terms and conditions on https://techbravo.net/terms-conditions/ are inclusive of these agreements. All screenplays, choreography, direction, and the workflow of the shoot is the responsibility of the applicant. Anyone under the age of 18 must have a signed parental consent. Parents/Guardians of anyone under 18 MUST be present for the entire shoot.
LOCATION / VENUE
Applicant will secure a suitable location (preferably indoors) to shoot the production. The producers are not responsible for the quality of the venue for the intended use. The producers are not liable nor under any obligation to correct any extraneous environmental variables.
Shoots will be scheduled at the producers convenience and need to be coordinated first. Applicant will provide and adhere to a specific time, date and location for the shoot. The event shall not last more than 2 hours from the time of our arrival until our departure. Any delays, including setup and takedown, will be billable at our prevailing hourly rate.
MUSIC / AUDIO TRACKS
Up to 2 high quality microphones will be provided for the performance with boom stands and pop filters. Up to 2 additional channel connections will be available for music/background tracks. Applicant must provide any and all audio and background tracks not produced during the shoot. We will not use any copyrighted material without proper copyright release forms. If your production involves multiple performers, bands, etc… you may feed your audio into our mixer. We are not responsible for any live production audio beyond the scope of our 2 provided input devices.
1 HD Professional Video Camera will be focused on the act and shall remain stationary. Pan, tilt, and zoom during the shoot is not included but may be incorporated as warranted.
All performers must read, understand, and sign all applicable terms, conditions, forms, and waivers.
This service is provided free of charge by TENNESSEE UNDERGROUND to garner experience and exposure. The producer assumes that all documentation and terms have been adhered to by all parties. TENNESSEE UNDERGROUND will not be held liable, in any form, for anything relating to this production. No guarantees are expressed nor implied about any part of this shoot nor its final cut. TENNESSEE UNDERGROUND ONLY function is to record the video and audio of your performance.
BY USING THIS SITE FOR FIREARMS RELATED TRANSACTIONS, I CERTIFY THAT:
- I am 18 years of age or older.
- I understand that TENNESSEE UNDERGROUND DOES NOT become involved in transactions between parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
- I am responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, any applicable Presidential Executive Orders, including compliance with all applicable licensing requirements.
- I will not use TENNESSEEUNDERGROUND.org for any illegal purpose.
- If I am at all unsure about firearm sales or transfers, I will contact the Bureau of Alcohol, Tobacco, Firearms, and Explosive at 1-800-ATF-GUNS and visit the ATF website at http://www.atf.gov.
- I will help to ensure the overall openness and accessibility of the site to all users through a peer-review process. I understand that failure to adhere to proper internet protocol and etiquette may result in removal of my listings or more severe corrective action.
TENNESSEE UNDERGROUND may edit or remove information, including my listings, from the site without notice.
- If I violate these terms, TENNESSEE UNDERGROUND may permanently remove me from the site or, depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law.
- I understand that TENNESSEE UNDERGROUND ABSOLUTELY BELIEVES AND CHAMPIONS “the right of the people to keep and bear Arms,” TENNESSEE UNDERGROUND will comply with federal, state, municipal, and tribal law enforcement entities pursuant to the Constitution of the United States and Due Process of Law.
- I agree to abide by the spam and listing policies. I may only have one account and may only list an item once, in the correct category, and in my physical location.
- I take responsibility for my actions while using TENNESSEEUNDERGROUND.org. I also take responsibility for any and all of my actions related to, or resulting from, my use of TENNESSEEUNDERGROUND.org.
- Further, I am solely responsible for any and all consequences of such my actions.
- I indemnify and hold harmless TENNESSEE UNDERGROUND and all of its owners, directors, officers, employees, and agents for any and all loss, harm, damage, costs, liability, and expense caused to them, whether intentionally or unintentionally, by my use of TENNESSEEUNDERGROUND.org, including but not limited to direct or indirect results of violations of any and all applicable laws.
- TENNESSEE UNDERGROUND may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions.
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SERVICE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND TENNESSEE UNDERGROUND, INC. (“WE” “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THE TENNESSEE UNDERGROUND SERVICE LOCATED AT TECHBRAVO.NET OR ANY SUBDOMAIN(S) AND ANY OF ITS SERVICES DOWLOADED THROUGH THE OFFLINE PLAYER (THE “SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SERVICE AND/OR ANY INFORMATION CONTAINED ON THE SERVICE. YOUR USE OF THIS SERVICE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. TENNESSEE UNDERGROUND MAY MAKE CHANGES TO THE SERVICES OFFERED AT ANY TIME, AND TENNESSEE UNDERGROUND CAN CHANGE THESE TERMS AT ANY TIME. IF TENNESSEE UNDERGROUND CHANGES THESE TERMS, WE WILL POST A CHANGE NOTICE ON THE SERVICE AND WE MAY SEND REGISTERED MEMBERS AN EMAIL NOTICE OF THE CHANGE. YOUR CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS EVEN IF YOU HAVE NOT REVIEWED THEM.
General Use Restrictions
TENNESSEE UNDERGROUND provides content and other services through the Service. Certain information, documents, products and services provided on and through the Service, including content, trademarks, logos, graphics and images that are not Presentations (as defined below) (together, the “Materials”) are provided to you by TENNESSEE UNDERGROUND and are the copyrighted work of TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ contributors. The Service also provides, among other things, an online marketplace (the “Shared resources”) where you can browse and acquire content and services for use in your Presentations (“Shared resources”), which may be subject to third party license agreements. In addition, TENNESSEE UNDERGROUND may make certain applications available to you on the Service for use that may assist you in developing or managing Presentations (the “Software”). Any such Software is only made available for use under the terms of a limited, non-exclusive license to use the Software on your personal computer for the sole purpose of developing or managing Presentations.
During the term of these Terms, TENNESSEE UNDERGROUND grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Service and the Software solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization in connection with the creation, storage, display and arrangement of Presentations you create using the Service. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Service, any Materials or the Software on any legal basis.
Your Registration Obligations.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TENNESSEE UNDERGROUND has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TENNESSEE UNDERGROUND has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
By using all or part of this Service, you consent to receiving electronic communications from TENNESSEE UNDERGROUND and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with TENNESSEE UNDERGROUND and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Password Restricted Areas of the Service.
When a visitor to the Service registers to become a member (“Member”), he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal account (a “Membership Account”). The Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity). You will need a Membership Password to login to the Service and use certain functions and areas within the Service (“Restricted Areas”). If you are an authorized Member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify TENNESSEE UNDERGROUND if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify TENNESSEE UNDERGROUND of any unauthorized use of your account or any other breach of security in relation to the Service known to you. You will not use other members’ contact information gathered from Restricted Areas of the Service for commercial purposes and agree not to provide any other Member’s contact information to any third party that is not a Member of TENNESSEE UNDERGROUND.
Subscription / Enterprise Pricing and Changes.
When a Member of the Services chooses to become a subscriber or a Enterprise, he or she will choose a subscription type and enter additional data, including payment information within their Membership Account. With respect to Software or Services provided on a subscription basis, Subscriber agrees that TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, may from time to time either increase or decrease the fee(s) for all or any portion thereof, and that any such adjustment, when made by TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, shall apply effective as of the expiration of the then-current subscription term. If Subscriber objects to any fee change, Subscriber’s sole remedy shall be to elect not to renew the Software or Service at the expiration of the then-current subscription term. Each subscription term begins on the day TENNESSEE UNDERGROUND receives full payment of the applicable fees from Subscriber or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, and expires either 14 days or 1 year later, depending on the subscription type selected in the applicable order. The subscription term will automatically renew for additional periods unless Subscriber elects not to renew on or before the expiration date. If Subscriber purchases additional subscription Software or Services, the subscription term for such additional Software or Services will be coterminous with the preexisting subscription term. The fee for any additional subscriptions purchased in the middle of a billing month will be charged in full for that billing month. Reductions will be effective at the end of the then-current term. No refunds or credit adjustments will be given. You acknowledge that TENNESSEE UNDERGROUND reserves the right to limit the maximum number of licenses and total storage capacity for each user account. Furthermore, TENNESSEE UNDERGROUND, in its sole discretion, reserves the right to adjust the starting price per license and can make changes of any user account, at any time without prior notice.
Payment method; Credit Card Authorization.
You must provide TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, with valid credit card or approved purchase order information. TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, may require, and Subscriber agrees that such fees shall be paid by means of credit card payments or other forms of electronic funds transfers, and to implement measures enabling TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, to initiate such electronic funds transfers. If you are paying by credit card, only valid credit cards acceptable to TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, may be used by you to make payment, and all authorized refunds will be credited to the same card. Until all amounts due have been paid in full, you hereby authorize TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, to charge any credit card provided by you all amounts due under the Agreement from time to time, including without limitation, ongoing Subscription and installment and other payments, taxes, and additional fees. If the credit card cannot be verified, is invalid, is declined, or is not otherwise acceptable or if TENNESSEE UNDERGROUND does not receive payment from its authorized resale partner for your purchase or subscription, the Software and Services may be terminated, deferred, suspended, or cancelled by TENNESSEE UNDERGROUND without notice at TENNESSEE UNDERGROUND’ discretion and TENNESSEE UNDERGROUND may generate invoices for payment. You agree to update your credit card information to keep it current at all times and that TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, may submit charges for processing even if the card appears to have expired. A credit card authorization form must be completed for all payments made by credit card. All prices are given and must be paid in the currency listed. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
All fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on TENNESSEE UNDERGROUND’ income.
Conversion of Trial Period Offers.
You may have received a complimentary trial Subscription to the Software or Service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, your trial period will expire at the end of the trial term and access to the Subscription-based Software or Service will be suspended. You will then be prompted to either become a Subscriber or be limited to the Member version of the Software or Services.
A Member or Subscriber (“User”) shall acquire ”Shared resource” Items through the Service, and such Marketplace Items may be subject to an applicable content download agreement based on criteria specified by such User. A User may acquire Shared resource Items for a particular use(s) only if he or she pays with the applicable number of Credits (as defined below) on the Service, and only if he or she agrees to the terms and conditions of any applicable content download agreement for such Marketplace Item and such use(s).
Credits and Payments.
Transactions in the Marketplace, including the purchase of products or services, shall be conducted using Marketplace credits (“Credits”) in accordance with TENNESSEE UNDERGROUND’ pricing and payment policies and subject to any amounts that may be owed to TENNESSEE UNDERGROUND with respect to such transactions. In the event you purchase a Marketplace Item, the appropriate number of Credits shall be deducted from your
You may acquire Credits only by purchase, by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by TENNESSEE UNDERGROUND, or by redeeming a special promotion. If you purchase any Credits using a credit or charge card or an online payment account, you represent and warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize TENNESSEE UNDERGROUND or TENNESSEE UNDERGROUND’ authorized resale partner, as applicable, to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Credits are non-refundable. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Credits for cash, and can only use Credits for transactions within the Marketplace.
Use of Marketplace Products and Services.
You may only acquire Marketplace Items from the Service in accordance with the terms and conditions of this Agreement and of any applicable content download agreement. You may not use, reproduce, distribute, display or create derivative products or services based on any Marketplace Items or other goods or services that appear on the Service unless you enter into a content download agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable content download agreement.
You acknowledge and agree that no ownership of any Marketplace Items can be transferred, and that no sale of any Marketplace Items can be effectuated, on or through the Service. Only the rights expressly sublicensed in an applicable content download agreement are granted on or through the Service. You acknowledge and agree that TENNESSEE UNDERGROUND or its third-party providers retain all ownership rights in and to the Marketplace Items, and that such Marketplace Items are protected by copyright, trademark and other intellectual property rights of TENNESSEE UNDERGROUND or its third-party providers.
TENNESSEE UNDERGROUND may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity as it relates to the Service for a period of 90 days. You may, at any time, terminate this Agreement by logging into your Membership Account on the Service and selecting to cancel your TENNESSEE UNDERGROUND account. In the event termination is by TENNESSEE UNDERGROUND, TENNESSEE UNDERGROUND shall notify you of such termination. TENNESSEE UNDERGROUND reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.
Effect of Termination.
Upon any termination of this Agreement:
(a) Your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated;
(b) All Shared resource Items uploaded by you shall be removed from the Service; provided, however, that TENNESSEE UNDERGROUND may continue to use the Marketplace Item for internal archival and reference purposes;
(c) You shall forfeit all right, title and interest in and to any and all Credits; and
(d) TENNESSEE UNDERGROUND will permanently delete your Presentations and Materials within 24 hours of the effective date of termination.
Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
TENNESSEE UNDERGROUND reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, TENNESSEE UNDERGROUND suspends your Membership Account, you shall have no ability to purchase any Marketplace Items or other goods or services on the Service, but you may continue to access your Membership Account using your Membership Name and Membership Password. For clarification purposes, TENNESSEE UNDERGROUND shall not remove any Marketplace Items or other goods or services you have purchased prior to suspension of your Membership Account and such Marketplace Items or other goods or services shall continue to be available.
Third Party Content.
Certain information and content that are not Presentations may be provided by third party licensors and suppliers to TENNESSEE UNDERGROUND (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. TENNESSEE UNDERGROUND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Links to Third Party Services.
This Service may be linked to other Services that are not TENNESSEE UNDERGROUND Services. TENNESSEE UNDERGROUND is providing these links to you only as a convenience, and TENNESSEE UNDERGROUND is not responsible for the content or links displayed on such Services.
Maximum Storage Limit.
You acknowledge that TENNESSEE UNDERGROUND reserves the right to limit the maximum storage capacity for each user account. Furthermore, TENNESSEE UNDERGROUND, in its sole discretion, reserves the right to adjust the maximum storage limit of any user account, at any time without prior notice.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY PRESENTATIONS YOU SUBMIT TO TENNESSEE UNDERGROUND. You further agree that you will not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Presentation.
You represent and warrant that: (i) you own the Presentations posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Presentations on or through the Service and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Presentations posted by you to or through the Service or created with the use of the Software.
TENNESSEE UNDERGROUND asks that you respect the TENNESSEE UNDERGROUND online community as well as other individuals participating within the TENNESSEE UNDERGROUND online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals,
when posting Presentations to or otherwise using the Service and/or the services, you agree not to, without limitation: Post off-topic or disruptive messages. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Impersonate or represent TENNESSEE UNDERGROUND, our staff or other industry professionals. Solicit a member’s password or other account information. Harvest user names, addresses, or email addresses for any purpose other than to conduct TENNESSEE UNDERGROUND business. Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness. Post anything that exploits children or minors or that depicts cruelty to animals. Post any copyrighted or trademarked materials without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. Post any content that is mature or adult in nature.
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require TENNESSEE UNDERGROUND to monitor, police or remove any Presentations or other information submitted by you or any other user. TENNESSEE UNDERGROUND reserves the right to (a) terminate or suspend your access to your account, your ability to post to the Service or the services and (b) refuse, delete or remove any Presentations or move any Presentations from “public” to “private” status; with or without cause and with or without notice, for any reason or no reason, or for any action that TENNESSEE UNDERGROUND determines is inappropriate or disruptive to the Service, services or to any other user of the Service and/or services. TENNESSEE UNDERGROUND reserves the right to restrict the number of emails which you may send to other members and users to a number that TENNESSEE UNDERGROUND deems appropriate in TENNESSEE UNDERGROUND’ sole discretion. TENNESSEE UNDERGROUND may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TENNESSEE UNDERGROUND’ discretion, TENNESSEE UNDERGROUND will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet. You understand that your interactions and dealings with other users of the Service are solely between you and such other user. TENNESSEE UNDERGROUND shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings and TENNESSEE UNDERGROUND will have no obligation to become involved in such dispute.
Presentations and unauthorized use of any Materials or Third Party Content contained on this Service may violate certain laws and regulations. You shall indemnify and hold TENNESSEE UNDERGROUND and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) TENNESSEE UNDERGROUND or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. Proprietary Rights.
TENNESSEE UNDERGROUND is a trademark of TENNESSEE UNDERGROUND in the United States. All other trademarks, names and logos on this Service are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Service including documents, services, Service design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of TENNESSEE UNDERGROUND, Copyright © 2006-12 TENNESSEE UNDERGROUND. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Copyright and Trademark Infringements.
TENNESSEE UNDERGROUND respects the intellectual property of others, and we ask you to do the same. TENNESSEE UNDERGROUND may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide TENNESSEE UNDERGROUND’ copyright agent 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 TENNESSEE UNDERGROUND to locate the material.
Information reasonably sufficient to permit TENNESSEE UNDERGROUND 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. TENNESSEE UNDERGROUND’ agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows: By e mail
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Counter-Notification:
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the user. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By e mail:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Only the intellectual property rights owner may report potentially infringing items through TENNESSEE UNDERGROUND’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Disclaimer of Warranties.
Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by TENNESSEE UNDERGROUND, and they may include inaccuracies or typographical errors. TENNESSEE UNDERGROUND does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. TENNESSEE UNDERGROUND has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by TENNESSEE UNDERGROUND or our licensors.
TENNESSEE UNDERGROUND, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TENNESSEE UNDERGROUND DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Consequential Damages.
TENNESSEE UNDERGROUND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SERVICE OR RELATING TO YOUR PRESENTATIONS OR THE SOFTWARE. IN NO EVENT SHALL TENNESSEE UNDERGROUND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF TENNESSEE UNDERGROUND KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Limitation on Damages.
IN NO EVENT SHALL TENNESSEE UNDERGROUND’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).
Local Laws; Export Control.
TENNESSEE UNDERGROUND controls and operates this Service from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.
Tennessee law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Tennessee. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. TENNESSEE UNDERGROUND’ failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and TENNESSEE UNDERGROUND and supersede all prior or contemporaneous negotiations, discussions or agreements between you and TENNESSEE UNDERGROUND about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Intellectual Property Rights
Downloading one of our videocasts & podcasts gives you the right to enjoy it privately for personal uses. It does not give you the right to use is commercially or to display or perform it publically without the express, written consent of Tennessee Underground. You may not use our videocasts & podcasts to generate business for yourself or to direct Internet traffic in any way.
All content provided on TennesseeUnderground.org is for informational and entertainment purposes only. Tennessee Underground makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.
videocasts & podcasts are provided “as is” with no warranty attached of any kind. Tennessee Underground makes no representation of warranty, implied or expressed.
Tennessee Underground will not be liable for any errors or omissions in the information provided by and within its videocasts & podcasts, nor for the availability of this information. Tennessee Underground will not be liable for any losses, injuries, or damages from the display or use of this information.
Tennessee Underground will not be liable for any damages resulting from user-comments placed on the blog, including but not limited to, links to third-party websites or defamatory language.
Change of Terms
Tennessee Underground reserves the right to terminate your use of and/or subscription to videocasts & podcasts at any time with or without cause or notice.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Tennessee Underground reserves the right to assign its rights and duties under this Agreement, including in a sale of Tennessee Underground or TENNESSEEUNDERGROUND.ORG.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.
This Agreement is in conjunction with all other Terms, Condidions, & Policies between the parties and supersedes all previous agreements or representations between the parties.