Terms of Service Agreement
Welcome to Playa Info Directory, a database and directory of people, camps, rideshares, events and art projects ("Service") operated by Black Rock City, LLC ("Burning Man"). By accessing or using the Service, you agree to the following Terms of Service Agreement ("Agreement").
- 1. Eligibility. You must be age thirteen or over to register as a Playa Info Directory user or to contribute any information to the Service. Use of the Service is void where prohibited. By using Playa Info Directory, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by all of the terms and conditions of this Agreement.
- 2. Registration. In consideration of your use of the Service, you
- (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form; and
- (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. You agree that you will not provide any information or data about a person, camp, rideshare, event or art project which is not you or your camp, rideshare, event or art project without permission and authorization. If you provide any information that is untrue, inaccurate, not current or incomplete, or Burning Man has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Burning Man has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof).
- 3. User Account, Password and Security. You ("User") will receive a
password and profile upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to:
- (a) immediately notify Burning Man of any unauthorized use of your password or account or any other breach of security, and
- (b) ensure that you exit from your account at the end of each session. Burning Man cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- 4. Term. This Agreement will remain in full force and effect whiley ou use the Playa Info Directory and/or are a User. You may terminatey our use at any time and for any reason.
- 5. Non Commercial Use by Users. The Playa Info Directory is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and may not use the Playa Info Directory for any purpose.
- 6. Proprietary Rights in Content Posted on the Playa Info Directory. Burning Man does not claim ownership of content you submit or make available for inclusion on the Service. User owns and retains all proprietary rights to the content her or she provides on Playa Info Directory. However, with respect to content you submit or make available for inclusion on the Service, you may not copy, modify, publish, transmit, distribute, perform, display or distribute any proprietary information which you do not own or control, have written permission to disclose or unless such information is in the public domain. Additionally, you hereby grant Burning Man a non-exclusive, world-wide, irrevocable, transferable, royalty-free license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any information, data, descriptions, messages, or profiles (collectively, "Content") you submit or make available for inclusion on the Service solely for the purposes of providing the Content submitted on the Service.
- 7. Content Posted on the Site.
- (a) You understand and agree that Burning Man may review and delete Content that in the sole judgment of Burning Man violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
- (b) You may not create or maintain any user accounts thatm isrepresent yourself, by declaration or implication, as anyo ther real-life person, living or dead.
- (c) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other users.
- (d) Illegal and/or unauthorized uses of the Playa Info Directory, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Playa Info Directory will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- (e) The following is a partial list of the kind of Content that
is illegal or prohibited on Playa Info Directory. Burning Man
reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending
post from the Service and terminating the use of such violators,
in connection with all available civil, criminal, and injunctive
remedies. You agree not to use the Service to:
- post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- harasses or advocates harassment, bullying or intimidation of another person;
- upload, post, email, transmit or otherwise make available any advertising, promotional materials, "junk mail," "chain letters," or any other form of unsolicited mass mailing or "spamming";
- upload, post, email, transmit or otherwise make available any Content which you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, tortuous, libelous or otherwise violates another person's rights;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, and providing pirated music or links to pirated music files;
- upload, post, email, transmit or otherwise make available any Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- upload, post, email, transmit or otherwise make available any Content that displays pornographic or sexually explicit material of any kind;
- upload, post, email, transmit or otherwise make available any Content that provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- upload, post, email, transmit or otherwise make available any Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- upload, post, email, transmit or otherwise make available any Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising,a nd pyramid schemes;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interfere with the Service and/or any computer software or hardware or telecommunications equipment;
- 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);
- interfere with, disrupt, disable, overburden or impair the proper working of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- (f) Even though all of the above activity is strictly prohibited, there is a small chance that You might become exposed to such items. You hereby waive any right to any damages (from any party including Burning Man) related to such exposure.
- (g) You must use the Service in a manner consistent with any and all applicable laws and regulations.
- (h) You may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other users. Although Burning Man cannot monitor the conduct of its users outside of the Service, it is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In order to protect our users from such advertising or solicitation, Burning Man reserves the right to restrict your use of the Service as Burning Man deems appropriate in its sole discretion.
- (i) You acknowledge, consent and agree that Burning Man may
access, archive, preserve, and disclose your account
information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure
is reasonably necessary to:
- comply with legal process;
- enforce the Terms of Service;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of Burning Man, its users and the public.
8. Intellectual Property Rights. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes infringement, please provide the Playa Info Directory administrator with the following information:
- (a)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- (b) a description of the copyrighted work that you claim has been infringed;
- (c) a description of where the material that you claim is infringing is located on the Playa Info Directory;
- (d) your address, telephone number, and email address;
- (e) a written 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;
- (f) 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.
- 9. Burning Man's Playa Info Directory Administrator for notice of claims of infringement can be reached as follows: playainfo at burningman dot com.
- 10. User Disputes. You are solely responsible for your interactions with other Burning Man users. Black Rock City, LLC reserves the right, but has no obligation, to monitor disputes between you and other users.
- 12. Disclaimer of Warranties. Burning Man tries to keep the Service
up, bug free and safe. BUT YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURNING MAN 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. BURNING MAN MAKES NO
- (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, AND,
- (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BURNING MAN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- 13. WAIVER OF LIABILITY: YOU KNOWINGLY AND EXPRESSLY UNDERSTAND AND
AGREE THAT BURNING MAN 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 BURNING MAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- (i) THE USE OR THE INABILITY TO USE THE SERVICE;
- (ii) UNAUTHORIZED ACCESS TO, MISUSE OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
- (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR,
- (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BURNING MAN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BURNING MAN FOR THE SERVICE DURING THE TERM OF USE.
- 14. Termination. You agree that Burning Man may, in its sole
discretion and without prior notice to you, immediately terminate and
remove your account or Content and any associated email address or
access to the Service. Termination may result from, but not be
- (a) breaches or violations of this Agreement or other incorporated agreements, policies or guidelines,
- (b) requests by law enforcement or other government agencies,
- (c) a request by you (self-initiated account deletions),
- (d) discontinuance or material modification to the Service (or any part thereof),
- (e) unexpected technical or security issues or problems, and
(f) extended periods of inactivity. Termination of your account or Content includes:
- (a) removal of access to all offerings within the Service,
- (b) deletion of your password and all related information or Content associated with or inside your account (or any part thereof), and
- (c) barring further use of the Service. Further, you agree that all terminations shall be made in Burning Man's sole discretion and that Burning Man shall not be liable to you or any third-party for any termination of your account or Content and any associated email address or access to the Service.
- 15. Disputes. If there is any dispute about or involving Playa Info Directory and/or the Service, by using the Playa Info Directory, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You also consent to the exclusive personal jurisdiction and forum of the state or federal courts in the state of California, County of San Francisco.
- 16. Indemnity and Release. You agree to release, indemnify and hold Burning Man, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any party (including third parties) related to your Content, actions or use of the Service. This release applies to both known and unknown claims. If you are a California resident, you hereby 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."
- 17. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationshipb etween Burning Man and any user of the Service.
- 18. Additional Terms. This Agreement, accepted upon use of the Playa Info Directory and further affirmed by becoming a User of the Service, contains the entire understanding and agreement between you and Burning Man regarding the use of Playa Info Directory and/or the Service. The failure of Burning Man to exercise or enforce any right or provision of these Terms of Service shall not constitute a subsequent or prospective waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact Burning Man with any questions regarding this Agreement to the following address: playainfo at burningman dot com.
I HAVE READ THIS AGREEMENT AND MY USE OF PLAYA INFO DIRECTORY AND/ORT HE SERVICE CONSTITUTES MY UNDERSTANDING AND ACCEPTANCE OF ALL OF THEP ROVISIONS CONTAINED IN THIS AGREEMENT.