AGREEMENT BETWEEN USER AND DUSTYA.COM (The Dusty Armadillo Night Club)
The The Dusty Armadillo Web Site is comprised of various Web sites and Web pages operated by The Dusty Armadillo or its
affiliates (collectively, the "The Dusty Armadillo Web Sites").
The The Dusty Armadillo Web Sites are offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the The Dusty Armadillo Web Sites constitutes your agreement to all such
terms, conditions, and notices. Your use of a particular The Dusty Armadillo Web Site included within the The Dusty Armadillo
Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go
directly to any of the Additional Terms, click on the link below:
Additionally, the The Dusty Armadillo Web Sites may themselves contain additional terms, codes of conduct or guidelines that
govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms
and guidelines contained within any particular The Dusty Armadillo Web Site, then these terms shall control.
Click on the link below for the terms and conditions which govern these additional The Dusty Armadillo web sites and/or
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular The Dusty Armadillo Site/Service requires you to open an account, you must complete the registration process
by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will
choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to
notify The Dusty Armadillo immediately of any unauthorized use of your account or any other breach of security. The Dusty
Armadillo will not be liable for any loss that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for losses incurred by The Dusty Armadillo or another
party due to someone else using your account or password. You may not use anyone else's account at any time, without the
permission of the account holder.
The Dusty Armadillo reserves the right to change the terms, conditions, and notices under which the The Dusty Armadillo
Sites/Services are offered, including but not limited to the charges associated with the use of the The Dusty Armadillo
Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the The Dusty Armadillo Sites/Services constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the The Dusty Armadillo Sites/Services are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the The Dusty Armadillo Sites/Services.
LINKS TO THIRD PARTY SITES
The The Dusty Armadillo Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not
under the control of The Dusty Armadillo and DustyA.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Dusty
Armadillo is not responsible for webcasting or any other form of transmission received from any Linked Site nor is The Dusty
Armadillo responsible if the Linked Site is not working appropriately. The Dusty Armadillo is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by The Dusty Armadillo of the site or any
at the Linked Sites.
Any dealings with third parties (including advertisers) included within the The Dusty Armadillo Sites/Services or
participation in promotions, including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or promotions, are solely between you and the
advertiser or other third party. The Dusty Armadillo shall not be responsible or liable for any part of any such dealings or
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the The Dusty Armadillo Sites/Services, you will not use the The Dusty Armadillo Sites/Services
for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the The Dusty
Armadillo Sites/Services in any manner which could damage, disable, overburden, or impair any The Dusty Armadillo Site/Service(s)
(or the network(s) connected to any The Dusty Armadillo Site/Service(s)) or interfere with any other party's use and enjoyment
of any The Dusty Armadillo Site/Service(s). You may not attempt to gain unauthorized access to any The Dusty Armadillo
Site/Service, other accounts, computer systems or networks connected to any The Dusty Armadillo Site/Service, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available through the The Dusty Armadillo Sites/Services.
USE OF SERVICES
The The Dusty Armadillo Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper and, when applicable, 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
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
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 to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
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.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an The
Dusty Armadillo Site/Service(s) or other user or usage information or any portion thereof.
The Dusty Armadillo has no obligation to monitor the Communication Services. However, The Dusty Armadillo reserves the right
to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Dusty Armadillo
may at any time monitor, record, or store any activity of any user or member while using the The Dusty Armadillo
Site/Services, without their knowledge or consent. The Dusty Armadillo reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Dusty Armadillo reserves the right at all times to disclose any information as The Dusty Armadillo deems 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, is The Dusty Armadillo's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication
Service. The Dusty Armadillo does not control or endorse the content, messages or information found in any Communication
Service and, therefore, The Dusty Armadillo 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 The Dusty
Armadillo spokespersons, and their views do not necessarily reflect those of The Dusty Armadillo.
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.
MATERIALS PROVIDED TO DustyA.com OR POSTED AT ANY Dusty Armadillo WEB SITE
The Dusty Armadillo does not claim ownership of the materials you provide to The Dusty Armadillo (including feedback and
suggestions) or post, upload, input or submit to any The Dusty Armadillo Site/Service or its associated services for review by
the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting The Dusty Armadillo, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Dusty Armadillo is under no
obligation to post or use any Submission you may provide and The Dusty Armadillo may remove any Submission at any time in its
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE The Dusty Armadillo SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with The Dusty Armadillo
Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service,
("Software") is owned by and is the copyrighted work of The Dusty Armadillo Corporation and/or its suppliers and is protected
by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or
use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, The Dusty Armadillo Corporation hereby grants to you, the user, a
revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular The Dusty
copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Dusty Armadillo SITES/SERVICES MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE The Dusty Armadillo SITES/SERVICES AND TO
THE INFORMATION THEREIN. The Dusty Armadillo AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Dusty
Armadillo SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA The Dusty Armadillo SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
The Dusty Armadillo CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN The Dusty Armadillo SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The Dusty Armadillo
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT The Dusty Armadillo SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
AN The Dusty Armadillo SITE/SERVICE. YOU SPECIFICALLY AGREE THAT The Dusty Armadillo IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT The Dusty Armadillo IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN AN The Dusty Armadillo SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL The Dusty Armadillo AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Dusty Armadillo SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE The Dusty Armadillo SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH The Dusty Armadillo SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF The Dusty Armadillo SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF The Dusty Armadillo OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Dusty Armadillo
GENERAL TERMS REGARDING USE AND STORAGE
You agree that The Dusty Armadillo may establish limits concerning use of any service offered on an The Dusty Armadillo
Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the
maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an
e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on
The Dusty Armadillo's servers on your behalf, and the maximum number of times and duration you may access the service in a
given period of time.
You agree that The Dusty Armadillo has no responsibility or liability for the deletion, corruption or failure to store any
messages or other content maintained or transmitted by the service. You acknowledge that The Dusty Armadillo reserves the
right to delete accounts that are inactive for an extended period of time.
The Dusty Armadillo MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: firstname.lastname@example.org
The Dusty Armadillo reserves the right, in its sole discretion, to terminate your access to any or all The Dusty Armadillo
Sites/Services and the related services or any portion thereof at any time, without notice.
The Dusty Armadillo may also terminate or suspend your access to The Dusty Armadillo Site/Service(s) for inactivity, which is
defined as failing to log into a particular service for an extended period of time, as determined by The Dusty Armadillo. The
amount of time that The Dusty Armadillo currently considers as an "extended" period of time may be viewed in the FAQ relating
to the particular service. Upon termination of The Dusty Armadillo Site/Service, your right to use The Dusty Armadillo
Site/Service immediately ceases.
The Dusty Armadillo shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any
NO SPAM; DAMAGES
The Dusty Armadillo will immediately terminate any account which it believes, in its sole discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated then you agree to pay The Dusty Armadillo liquidated damages of $5
(US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account,
otherwise you agree to pay The Dusty Armadillo's actual damages, to the extent such actual damages can be reasonably
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la
volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
This agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Summit/Portage County, Ohio, U.S.A. in all disputes arising out of or relating to the use
of The Dusty Armadillo Sites/Services. Use of The Dusty Armadillo Sites/Services is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency relationship exists between you and The Dusty Armadillo as a result of
this agreement or use of The Dusty Armadillo Sites/Services. You agree to indemnify and hold The Dusty Armadillo, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your use of or conduct on The Dusty Armadillo Sites/Services. The
Dusty Armadillo reserves the right to disclose any personal information about you or your use of The Dusty Armadillo
Sites/Services, including its contents, without your prior permission if The Dusty Armadillo has a good faith belief that such
action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or
property of The Dusty Armadillo or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests
of its members or others. The Dusty Armadillo's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of The Dusty Armadillo's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of The Dusty Armadillo Sites/Services or information provided to
or gathered by The Dusty Armadillo with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement between the user and The Dusty Armadillo with
respect to The Dusty Armadillo Sites/Services and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and The Dusty Armadillo with respect to The Dusty Armadillo
Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of The Dusty Armadillo Web Sites are: Copyright © 2001 - 2004 The Dusty Armadillo and/or its suppliers.
All rights reserved.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
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. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
FOR INFORMATION REGARDING THE DUSTYA.COM PRIVACY STATEMENT CLICK HERE.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all
activities that occur using your password or account. Please notify The Dusty Armadillo immediately of any unauthorized use of
your password or account or any other breach of security. The Dusty Armadillo will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or without your knowledge. You may not use
anyone else's password at any time.
USING THE SERVICES
The Dusty Armadillo reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and
reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.
Rev. Jan 2004
© 2004 The Dusty Armadillo. All rights reserved.