GENERAL DISCLAIMER AND DEFINITIONS
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. We are not liable for any loss or damage, howsoever arising, from your registration to the site and its community by other parties, 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 limited 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.
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 or any similarity of the content to other published works. Any such discrepancy falls on the third-party source.
USE OF THE WEB SITE
By accessing this site, you agree:
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 (TUG). If you wish to discuss any commercial content or data feed requirements you may have, please contact us.
LINKS TO OTHER SITES
Any websites to which you link through the site (including, without limitation, any website provided by a third party but co-branded website) 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. Our current method of registration and verification includes Oath logins using API calls from common social and internet platforms like Google and Facebook. You must 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.
REJECTION, CANCELLATION, OR SUSPENSION
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. 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
INFRINGEMENT OF THIRD-PARTY RIGHTS
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 (TUG) 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 (TUG), 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.
LOSS OR DAMAGE
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.
The owner of this site reserves the right to edit or delete any comments submitted to this blog without notice due to:
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.
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 Rutherford County in the State of Tennessee because it is nearest the geographical center of Tennessee.
DISCLAIMER OF ENDORSEMENT
Tennessee Underground (TUG) has no political or religious affiliation and does not endorse any political candidate, political party, or religious group. Tennessee Underground (TUG) does not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained on a linked website. Tennessee Underground (TUG) does not necessarily endorse organizations linking to a Tennessee Underground (TUG) website, or the views, products, or services they offer. Tennessee Underground (TUG) is not responsible for transmissions users receive from linked websites. Tennessee Underground (TUG) does not support or endorse any website that advocates hate, bias, or discrimination.
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