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Terms Of Use

This page sets forth the "Terms and Conditions" under which you may use pattiwaggin.com (the "website"). Please read this page carefully, because it governs your use of the website and your acceptance of these Terms is a condition of using the website. If you do not accept these Terms and Conditions, you are not authorized to use the website. By using the website, you are indicating your agreement to be bound by these Terms and Conditions, without modification. The BATWagon LLC or Brill Productions, it's officers and partners (the "Company") may revise these Terms and Conditions, in whole or in part, and at any time, or from time to time, by revising this page. All changes shall be effective upon publication of the revised page. These Terms and Conditions were last revised on April, 2009. If you use the website after any revision the Company makes to these Terms and Conditions, you agree to be bound by the revised Terms and Conditions.

GENERAL USES OF THE WEBSITE. The website may be used only for lawful and proper purposes. Provided that you fully comply with the provisions of these Terms and Conditions, the Company authorizes you to access and use the website and any material on the website, solely for your personal, noncommercial use. You must be 18 to enter due to the nature of the content of the site.

The content of the website, including but not limited to text, graphics, images, sounds, music, logos, button icons, software, individual screen displays, operational characteristics and functionalities, machine-readable code (object code), human-readable code (source code), and HTML code (collectively, the "Materials"), are protected under United States and international copyright, trademark and other laws. All Materials are the property of the Company or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the website is the exclusive property of the Company and protected under United States and international copyright laws. Unauthorized use of the website and/or the Materials may violate copyright, trademark, and other laws, and is a breach of these Terms and Conditions. You may not remove or obscure any copyright, trademark, service-mark or other proprietary notice contained in any Materials on any copy you make of such Materials. Unless otherwise specified herein, you may not modify, print out, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, publish, license, create derivative works from, transfer or sell any of the Materials. The use of any of the Materials on any other website or in a networked computer environment for any purpose is prohibited.

Images of people or places displayed on the website are either the property of, or used with permission by, BATWagon LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

PROHIBITED USES OF THE WEBSITE. You agree to use the website only to upload, post, send and receive content that is legal and proper and related to the purpose of the website. By way of example, and not as a limitation, you agree that when using the website, you will not:

  • Upload, post, send or receive any content, or otherwise use the website in violation of any applicable law or regulation.
  • Upload, post, send or receive any content, or otherwise use the website in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others.
  • Upload, post, send, or receive any offensive content or information, or otherwise use the website in a manner that is defamatory, obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing or embarrassing to another user or to any other person or entity.
  • Upload, post or send any incomplete, false, inaccurate or misleading information.
  • Impersonate another person, firm or corporation.
  • Upload, post or send any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business or employment opportunity.
  • Send unsolicited email, including promotions and/or advertising of products or services, or upload, post or send any advertising, or otherwise use the website in any manner to "spam."
  • Delete or revise any material uploaded or posted by any other person or entity.
  • Attempt to interfere with service to any user, host or network, including, without limitation, by means of uploading, posting or sending any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information by overloading, "flooding," "spamming," "mailbombing" or "crashing" it.
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website.
  • Take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure.
  • If you have a password that allows access to any non-public area of the website, disclose to or share your password with any third party or use your password for any unauthorized purpose.
  • Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search engine and search agents available from the Company on the website and other than generally available third-party web browsers (e.g., Netscape Navigator (Communicator), Microsoft Internet Explorer).
  • Frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or any of its affiliates or content providers.
  • Use any meta tags or any other hidden text using the Company's name or trademarks.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website.
  • Access any content not intended for your use or log onto a server or account that you are not authorized to access.
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Actions that contravene these prohibitions or that otherwise compromise the security of the website or the Company's system or network may result in civil or criminal liability. The Company will investigate suspected compromises of its security, and may take any action it deems necessary or appropriate in response to any act that is in contravention of these prohibitions or in response to any security compromise, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations including sharing information in the Company's possession with third parties.

LINKS TO OTHER SITES. The website contains links to third-party websites. These links are provided as a convenience to you. The Company does not control and is not responsible for the content of third-party websites to which the website may be linked, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. The Company encourages you to exercise discretion while browsing the Internet and the website. If you decide to access linked third-party websites, you do so at your own risk.

USER REGISTRATION AND PASSWORD. You are responsible for maintaining the confidentiality of any password you may receive. You are responsible for all uses of your password, whether or not authorized by you. You agree to notify the Company immediately of any unauthorized use of your password.

USER INFORMATION. When you apply to register for the website, you will be asked to provide the Company with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on the website, you acknowledge and agree that the Company may disclose to third parties, on an anonymous basis, aggregate information about users of the website, including information contained in your registration application. The Company will not disclose to any third party your name, address, email address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with any applicable law, regulation or governmental request, or in any legal proceeding where such information is relevant, including to law enforcement authorities in prosecuting users who are involved in compromises of the security of the website or the Company's system or network. The Company reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration application and at any time thereafter. Such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details.

USER SUBMISSIONS. You are solely responsible for the form and accuracy of any content or other communications you upload, post or send to or through the website. The Company is under no obligation to upload, post or send any material you submit for such purpose or any purpose, and may remove any such material at any time at the Company's sole discretion. No compensation will be paid to you with respect to any content or communication that you submit to the website.

The Company does not vouch for or guarantee the truthfulness, accuracy, or reliability of any user-submitted content or communications. You acknowledge that any reliance you place on such material will be at your own risk.

The Company acts as a passive conduit for the online display, transmission and distribution of user-submitted content and communications and has no obligation to and takes no responsibility for screening, monitoring or reviewing any such materials.

The Company reserves the right to review and remove, or take any other action with respect to user-submitted content and communications that it deems necessary or appropriate at its sole discretion. The Company has no liability or responsibility to users for performance or nonperformance of any such actions. The Company also reserves the right to expel users and prevent their further access to the website for violating either the letter or the spirit of these Terms and Conditions or violating any applicable law or regulation.

By submitting content to any public or non-public area of the website, including, but not limited to, message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, publicly perform and publicly display (in whole or in part), and/or to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may now or ever exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license referred to above. You also hereby grant to any user of the website the right and authority to access, display, view, store and reproduce such content for personal, noncommercial use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

THE COMPANY'S LIABILITY. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the website, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the content or communications provided by other users, which is made available through the website. By its very nature, other user's content and communications may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the website.

The Materials may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Materials. Your use of the website and the Materials is at your own risk. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

The Company does not represent or endorse the accuracy or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website, nor the quality of any products, information or other materials displayed purchased, or obtained by you as a result of any advertisement or other information or offer on or in connection with the website (the "Products"). You hereby acknowledge that any reliance you place upon any Products shall be at your sole risk.

The Company reserves the right, at its sole discretion and without any obligation, to make changes to, or correct any error or omissions in any portion of the website, the Materials and/or the Products.



LIMITATION OF COMPANY'S LIABILITY. The aggregate liability of the Company to you for all claims arising from the website and/or the use of the Materials or Products shall not exceed $100.

TERMINATION. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the website.

YOUR INDEMNITY. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, customers and clients from and against any claims, actions or demands, including without limitation reasonable attorney and accounting fees, resulting from or arising out of any content or communications you post or transmit through the website, your use of the website, the Materials or the Products, or your violation of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, action or demand and may, at the Company's sole discretion, assist you, at your expense, in its defense or settlement. In no event shall you settle any such claim, action or demand without the prior written approval of the Company.

GENERAL. The Company makes no claims that the website, the Materials and/or the Products may be lawfully accessed, viewed or downloaded outside of the United States. Any such use of the website, the Materials and/or the Products may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time. These Terms and Conditions are governed by laws of the State of New York, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York, New York, for any claims arising out of or relating to your use of the website, the Materials, the Products, and/or these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to your use of the website, the Materials and/or the Products. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

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