1. ACCEPTANCE OF TERMS
Welcome to the ELVIS ETA HALL OF FAME!.
THE ETA HALL OF FAME (EHOF) provides its service to you, subject to the
following
Terms of Service ("TOS"), which may be updated by us from time to time
without
notice to you. You can review the most current version of the TOS at any
time at:
http://elvishalloffame.250x.com/terms.html. In addition, when using particular
EHOF
services, you shall be subject to any posted guidelines or rules applicable
to such
services which may be posted from time to time. All such guidelines or
rules are hereby
incorporated by reference into the TOS.
EHOF also may offer other services from that are governed by different
Terms of Services.
These TOS do not apply to the standard EHOF services.
2. DESCRIPTION OF SERVICE
EHOF currently provides users with access to a rich collection of Elvis
Tribute
Artists worldwide and network of other properties (the "Service").
You understand and agree that the Service is provided "AS-IS" and that
EHOF assumes no responsibility for the timeliness, deletion, mis-delivery
or failure
to store any user communications or personalization settings.
In order to use the Service, you must pay a access fee of $10.00 to be paid
in advance
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true,
4. EHOF PRIVACY POLICY
Registration Data and certain other information about you is subject to
our
5. MEMBER INFORMATION:
To be a part of this EHOF service, we will need the following from you:
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
You agree to not use the Service to:
You acknowledge that EHOF does pre-screen Content, and that EHOF and
You acknowledge and agree that EHOF may preserve Content and may also
You understand that the technical processing and transmission of the Service,
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
EHOF does not claim ownership of Content you submit or make available for
With respect to Content you submit or make available for inclusion on
With respect to photos, graphics, audio or video you submit or make
With respect to Content other than photos, graphics, audio or video you
"Publicly accessible" areas of the Service are those areas of the EHOF
network
9. INDEMNITY
You agree to indemnify and hold EHOF/Jim Curtin, and its subsidiaries,
affiliates, officers,
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EHOF may establish general practices and limits
12. MODIFICATIONS TO SERVICE
EHOF reserves the right at any time and from time to time to modify or
13. TERMINATION
You agree that EHOF, in its sole discretion, may terminate your account
You also agree that EHOF, in its sole discretion, may terminate your membership
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
15. LINKS
The Service may provide, or third parties may provide, links to other World
16. EHOF'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
EHOF grants you a personal, non-transferable and non-exclusive right and
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EHOF SHALL NOT BE
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
20. NOTICE
Notices to you may be made via either email or regular mail. The Service
may
22. TRADEMARK INFORMATION
EHOF, ULTIMATE ELVIS, ELVIS EMPIRE, the EHOF logo, the EHOF design,
23. COPYRIGHTS and COPYRIGHT AGENTS
EHOF respects the intellectual property of others, and we ask our users
to do
1.an electronic or physical signature of the person authorized to act on
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EHOF and govern
The section titles in the TOS are for convenience only and have no legal
or
25. VIOLATIONS
Please report any violations of the TOS to us immediately.
via the Paypal service, which uses credit cards.
You may register with Paypal, if you not already a member, at http:// www.paypal.com.
Membership afterwards is $10.00 per year (prices subject to change without notice)
** All payments are non-returnable, non-negotiable and non-exchangeable **
In addition, you must provide all information necessary to make your site
seen on EHOF.
You must be at least 18 years of age to be able to be a member of the EHOF.
accurate, current and complete information about yourself as prompted by
the
Service's registration form (such information being 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 EHOF has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, EHOF
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). EHOF is concerned about
the
safety and privacy of all its members.. For this reason, parents of ETAs
under the
age of 13 who wish to allow their children access to the Service must create
an
EHOF Family Account. When you create a EHOF Family Account and add your
child to the account, you certify that you are at least 18 years old and
that you are
the legal guardian of the child/children listed on the EHOF Family Account.
By adding a child to the EHOF Family Account, you also give your child
permission
to access all of the Services including, email, message boards, clubs,
instant messages
and chat (among others). Please remember that the Service is designed to
appeal
to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to
determine whether any of the Services and/or Content (as defined in Section
6 below) are
appropriate for your child.
Privacy Policy. For more information, contact us directly at jjcurtin3@erols.com
- Stage name and real name
- All personal contact information (address, phone/fax, email address)
- 2-3 photos of yourself in costume
- 1-2 audio clips in realaudio format only
- Mini bio on yourself and where you have performed (no more than 500 words)
- Personal website URL
You are fully responsible for all activities that occur under your account.
You agree to
(a) immediately notify EHOF of any unauthorized use of your account or
any other breach of security,
(b) take care of any and all matters on your own
(c) immediately notify EHOF of any illegal activity that is going on
(Ex: someone enterprising on their own as a result of the EHOF - defamation
of character/slander)
photographs, graphics, video, messages or other materials ("Content"),
whether
publicly posted or privately transmitted, are the sole responsibility of
the person
from which such Content originated. This means that you, and not EHOF are
entirely responsible for all Content that you send, upload, post, email,
transmit or
otherwise make available via the Service. EHOF does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you
may
be exposed to Content that is offensive, indecent or objectionable. Under
no
circumstances will EHOF be liable in any way for any Content, including,
but not
limited to, for any errors or omissions in any Content, or for any loss
or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
a.)
upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.)
harm minors in any way;
c.)
impersonate any EHOF official, website master, forum leader, guide
or host,
or falsely state or otherwise misrepresent your affiliation with a person
or entity;
d.)
forge headers or otherwise manipulate identifiers in order to disguise
the
origin of any Content transmitted through the Service;
e.)
upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.)
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g.)
upload, post, email, transmit or otherwise make available any unsolicited
or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in
those areas (such as shopping rooms) that are designated for such
purpose;
h.)
upload, post, email, transmit or otherwise make available any material
that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i.)
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than
other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
j.)
interfere with or disrupt the Service or servers or networks connected
to the
Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k.)
intentionally or unintentionally violate any applicable local, state, national
or
international law, including, but not limited to, regulations promulgated
by
the U.S. Securities and Exchange Commission, any rules of any national
or
other securities exchange, including, without limitation, the New York
Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l.)
"stalk" or otherwise harass another; deface or slander any member or EHOF
official
m.)
collect or store personal data about other users.
n.) profit on your own using the EHOF site and its Service without paying
the 5% fee
its designees shall have the right (but not the obligation) in their sole
discretion
to refuse or move any Content that is available via the Service. Without
limiting
the foregoing, EHOF and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you
must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such
Content. In this regard, you acknowledge that you may not rely on any Content
created by EHOF or submitted to EHOF, including without limitation information
in EHOF Message Boards, and in all other parts of the Service.
disclose Content if required to do so by law or in the good faith belief
that such
preservation or disclosure is reasonably necessary to: (a) comply with
legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the
rights of third-parties; or (d) protect the rights, property, or personal
safety of
EHOF, its users and the public.
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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.
inclusion on the Service. However, with respect to Content you submit or
make
available for inclusion on publicly accessible areas of the Service, you
grant
EHOF the following world-wide, royalty free and non-exclusive license(s),
as
applicable:
publicly accessible areas of EHOF Groups, thelicense to use, distribute,
reproduce, modify, adapt, publicly perform andpublicly display such
Content on the Service solely for the purposes of providing and promoting
the specific EHOF Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include
such Content
on the Service and will terminate at the time you remove or EHOF removes
such Content from the Service.
available for inclusion on publicly accessible area of the Service other
than EHOF Groups, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to
include such
Content on the Service and will terminate at the time you remove or EHOF
removes such Content from the Service.
submit or make available for inclusion on publicly accessible areas of
the
Service other than EHOF Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole
or in part)
and to incorporate such Content into other works in any format or medium
now
known or later developed.
of properties that are intended by EHOF to be available to the general
public.
By way of example, publicly accessible areas of the Service would include
EHOF Message Boards and portions of EHOF Groups that are open to both
members and visitors. However, publicly accessible areas of the Service
would
not include portions of EHOF Groups that are limited to members, EHOF services
intended for private communication such as EHOFMail or Messenger Services,
or
areas off of the WWW network of properties such as portions of World Wide
Web
sites that are accessible through EHOF Yahoo! Webring.
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 Content you submit, post, transmit or make available
through the
Service, your use of the Service, your connection to the Service, your
violation
of the TOS, or your violation of any rights of another.
commercial purposes, any portion of the Service, use of the Service, or
access
to the Service.
concerning use of the Service, including without limitation the maximum
number
of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number photos, audio
clips,and information EHOF's servers on your behalf, and the
maximum duration
for which you keep your membership with EHOF. You agree that EHOF has no
responsibility or liability for the deletion or failure to store
any communications or
other Content maintained or transmitted by the Service. You acknowledge
that
EHOF reserves the right to cancel accounts/memberships that are inactive
for
an extended period of time. You further acknowledge that EHOF reserves
the
right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
discontinue, temporarily or permanently, the Service (or any part thereof)
with or
without notice. You agree that EHOF shall not be liable to you or to any
third
party for any modification, suspension or discontinuance of the Service.
(or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation,
for lack of
use or if EHOF believes that you have violated or acted inconsistently
with the
letter or spirit of the TOS. EHOF may also in its sole discretion and at
any time
discontinue providing the Service, or any part thereof, with or without
notice. You
agree that any termination of your access to the Service under any provision
of
this TOS may be effected without prior notice, and acknowledge and agree
that
EHOF may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or
the Service without repayment. All monies are non-returnable.
Further, you agree that EHOF shall not be liable to you or any third-party
for any termination of your access to the Service.
or any part thereof, for violating the registered name "Ultimate Elvis'
in any manner.
Neither can your site or your mini bio can include the term "Utlimate Elvis".
Anyone who infringes upon this registered name right, will be subject to
termination,
and/or legal suit.
of, advertisers found on or through the Service, including payment and
delivery
of related goods or services, and any other terms, conditions, warranties
or
representations associated with such dealings, are solely between you and
such
advertiser. You agree that EHOF shall not be responsible or liable for
any loss
or damage of any sort incurred as the result of any such dealings or as
the result
of the presence of such advertisers on the Service.
Wide Web sites or resources. Because EHOF has no control over such sites
and resources, you acknowledge and agree that EHOF 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 EHOF shall not be responsible or liable, directly or indirectly,
for
any damage or loss 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.
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents
or
other proprietary rights and laws. Except as expressly authorized by EHOF
or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create
derivative works based on the Service, in whole or in part.
license to use the object code of its Service 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
Service in any manner or form, or to use modified versions of the Service,
including (without limitation) for the purpose of obtaining unauthorized
access to
the Service. You agree not to access the Service by any means other than
through the interface that is provided by EHOF/250x.com for use in accessing the
Service.
a.)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EHOF
EXPRESSLY DISCLAIMS 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.)
EHOF MAKES 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 EHOF OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
LIABLE 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 EHOF 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.
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
backgrounds, website design, trademarks and service marks, and other EHOF
logos and product and service names are trademarks of EHOF.
Without EHOF's prior permission, you agree not to display or use in
any manner.
You also agree that EHOF, in its sole discretion, may terminate your membership
or any part thereof, for violating the registered name "Ultimate Elvis'
in any manner.
Neither can your site or your mini bio can include the term "Utlimate Elvis".
Anyone who infringes upon this registered name right, will be subject to
termination,
and/or legal suit.
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide EHOF's Copyright Agent the following
information:
behalf of the owner of the copyright interest;
2.a description of the copyrighted work that you claim has been infringed;
3.a description of where the material that you claim is infringing is located
on the site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed
use
is not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
your use of the Service, superceding any prior agreements between you and
EHOF. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software.
The TOS and the relationship between you and EHOF shall be governed by
the
laws of the State of Pennsylvania without regard to its conflict of law
provisions. You
and EHOF agree to submit to the personal and exclusive jurisdiction of
the
courts located within the counties of Delawar or Philadelphia, PA. The
failure of EHOF 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. 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 Service or the TOS must
be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
contractual effect.
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