1. Agreement to terms: By entering this web site (the “Site”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.
2. No entry for under-aged persons: You must be 21 years of age or older to use this Site.
3. The Indio names, logos and trademarks belong to Indio USA or Heineken USA. By entering this Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Site is owned or licensed by Indio USA and may not be used by you without Indio USA prior written approval. Indio USA will enforce its intellectual property rights to the full extent of the law.
4. Indio USA is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Indio USA’s express prior written permission, except as otherwise explicitly stated herein. You may access this Site for your individual noncommercial use only.
6. You are prohibited from posting on this Site, or transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that Indio USA or other parties are involved in creating, producing or delivering this Site and may, from time to time, monitor or review transmissions, postings or discussions, Indio USA and all parties involved in creating, producing or delivering this Site assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
7. Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Site are based upon up-to-date information, and while Indio USA makes all reasonable efforts to ensure that all content, information and materials on this Site are correct, accuracy cannot be guaranteed and Indio USA makes no warranties or representations of any kind as to its accuracy.
8. ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, INDIO USA EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.
UNDER NO CIRCUMSTANCES WILL INDIO USA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF THE USE OF THIS SITE, EVEN IF INDIO USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL INDIO USA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
10. Although this Site may be linked to other sites, Indio USA provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Your linking to or viewing of any off-Site pages or other sites is at your own risk. You must obtain Indio USA’s prior written permission to link this Site to your website. Indio USA will only authorize links to sites when a substantial majority of the actual audience of such site is 21 years or age or older.
12. Indio USA respects the intellectual property rights of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All Digital Millennium Copyright Act (“DMCA”) notices should be sent to our copyright agent through the form on this website.
If Indio USA receives such a DMCA notification, we reserve the right to remove the allegedly infringing material.
14. Applicable law: By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of New York, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Indio USA makes no representation that the content contained within this Site is appropriate for countries outside the United States. You agree that any litigation between you and Indio USA arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York, USA.
Last updated January 28, 2011