1. ACCEPTANCE OF TERMS
PedalSnake.com and Stage Magic, Inc. provides its site or service to you, subject to the following Terms of Service ("TOS"), which may be updated by from time to time without notice to you. You can review the most current version of the TOS at any time here.
2. DESCRIPTION OF SERVICE
You understand and agree that the Service is provided "AS-IS" and that PedalSnake.com and Stage Magic, Inc. assumes no responsibility for any problems with the site or service. You are responsible for obtaining access to the site or service and that access may involve third party fees (including, but not limited to Internet service provider or airtime charges). You are solely responsible for any such fees and you must provide and are responsible for any and all equipment necessary to access the service.
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the worldwide nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold PedalSnake.com and Stage Magic, Inc. and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site or service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
The site or service may provide, or third parties may provide, links to other websites or resources. Because PedalSnake.com and Stage Magic, Inc. has no control over such sites and resources, you acknowledge and agree that PedalSnake.com and Stage Magic, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PedalSnake.com and Stage Magic, Inc. shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
7. PedalSnake.com and Stage Magic, Inc.'S PROPRIETARY RIGHTS
You acknowledge and agree that the site or service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the site or service is protected by copyrights or other proprietary rights and laws. Except as expressly authorized by PedalSnake.com and Stage Magic, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site, service or the software, in whole or in part. PedalSnake.com and Stage Magic, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the site or service. You agree not to access the site or service by any means other than through the interface that is provided by PedalSnake.com and Stage Magic, Inc. for use in accessing the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE OR SERVICE IS AT YOUR SOLE RISK. THE SITE OR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PedalSnake.com and Stage Magic, Inc. AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PedalSnake.com and Stage Magic, Inc. AND MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PedalSnake.com and Stage Magic, Inc. AND OR THROUGH OR FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF THE POPULATION OF USERS MAY EXPERIENCE SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE OR SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR DOCTOR PRIOR TO USING THE SITE OR SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SITE OR SERVICE AND CONSULT YOUR DOCTOR IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE OR SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PedalSnake.com and Stage Magic, Inc. AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PedalSnake.com and Stage Magic, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
11. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
PedalSnake.com and Stage Magic, Inc. may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the site or service.
13. COPYRIGHT INFORMATION
The PedalSnake.com and Stage Magic, Inc. name and PedalSnake.com and Stage Magic, Inc. logo and this entire site are copyrighted material. You agree not to display or use in any manner without PedalSnake.com and Stage Magic, Inc.'s prior permission this copyrighted material.
14. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and PedalSnake.com and Stage Magic, Inc. and governs your use of the site or service, superseding any prior agreements between you and PedalSnake.com and Stage Magic, Inc. with respect to the service, Choice of Law and Forum. The TOS and the relationship between you and PedalSnake.com and Stage Magic, Inc. shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and PedalSnake.com and Stage Magic, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wake County, North Carolina.
Waiver and Severability of Terms.
The failure of PedalSnake.com and Stage Magic, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.