* Any behavior that is detrimental to DOWN or DOWN-NOLA.com, DOWN or DOWN-NOLA.com.com, PAID, Inc (hereinafter collectively “US” or “WE”), any employees affiliated with either, will not be tolerated and including but not limited to (1) profanity or obscenities; (2) libel, threatening, vulgar, offensive, pornographic, profane, sexually explicit or indecent, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful mail, email, telephone conversations, message board postings, or personal confrontations (3) displaying any personal information about oneself or that of another including but not limited to address and telephone number; (4) any information posted, emailed that is of a commercial nature or contains advertising or solicitations.
In consideration for being a member of DOWN or DOWN-NOLA.com.com, participating in any and all DOWN or DOWN-NOLA.com.com contests, promotions, purchasing products and attending fan programs hosted by US, you agree to authorize US to use your name, voice, portrait and likeness, including, any statements, interviews or performances of you in any video, recorded, filmed, taped, and/or photographed material created by US in connection with the DOWN or DOWN-NOLA.com.com membership contest, promotion, purchases and attendance and/or fan program (collectively referred to as “the Work”). WE have the right to use the Work for any purpose, including but not limited to any related advertisement, promotion and publicity for us, and to exhibit, produce, broadcast, distribute, and otherwise exploit the Work in whole or in part, through any and all means and all media, whether now known or hereafter developed, throughout the world into perpetuity. WE shall have the right to edit, modify, add to and/or delete any or all of the material contained in the Work, including that material which contains the member’s or non-member’s name, voice, portrait and likeness, in whole or in part. Except as otherwise expressly provided herein, the member and/or non-member shall not receive any compensation whatsoever in connection with his/her services and performances in connection with or as part of the Work, the use and exploitation of the Work or the exercise of the rights granted herein.
Acceptance of Terms through Use
The website and the organization and layout of the website, including all materials posted by DOWN or DOWN-NOLA.com.com and PAID, Inc. are owned and copyrighted by DOWN or DOWN-NOLA.com.com, (hereinafter collectively “US” or “WE”). The website may be accessed, downloaded or printed for personal, non-commercial use only. Without the prior written permission of US you may not copy, distribute, or transfer any material on the website in whole or in part, except as specifically provided herein.
Links to Other Websites
Links to other websites are provided as navigation tools only. These other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of US. WE do not control these websites and are not responsible for the information or links you may find there. WE do not guarantee the content, accuracy, completeness, or privacy policies of information on other websites. The presence of these links does not constitute or imply an endorsement, recommendation, or preference by US. The owners/operators of these websites do not necessarily endorse our products or services, nor are they responsible for the content of this Site. WE are not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information.
Responsibility for Content
If you transmit material to US or post material to this website, you represent that such material is owned by you, or used with permission of the copyright holder. You grant US a royalty-free, perpetual, non-exclusive right to use, and to authorize others to use, this material in all forms and media throughout the world.
You agree not to post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of any applicable laws. You may not use the website to advertise or sell products or services to others.
WE are not responsible for any content or material posted by users of the website. If any user violates this Agreement, or if WE believe in good faith that any portion of the material a user posts to the website infringes any copyrights or proprietary rights, or is otherwise inappropriate in OUR sole discretion, WE reserve the right, in our sole discretion, to edit or delete in whole or in part such posted material. Posted messages, participation in forums and chat rooms, and any other user posted content contain the opinions and views of the individual website user, not necessarily the views of US.
DISCLAIMER OF WARRANTY
WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR WORMS CONTAINED WITHIN THE ELECTRONIC FILES IS DISCLAIMED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS. LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.
Changes to the Agreement
WE may make improvements or changes in the information, services, products, and other materials on the website, or terminate the website, at any time without notice. WE may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.
This Agreement constitutes the entire and only agreement between US and you and may not be modified except in writing signed by all parties.
The website is controlled and operated by PAID, Inc from its offices within the Commonwealth of Massachusetts, United States of America. "WE" make no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. In addition please note that the website is intended for use only by United States residents. "WE" acknowledge the global reach of the World Wide Web, however, countries outside the United States may have other legal or regulatory requirements, which require reference to different or additional information. Therefore, the website may not be appropriate for use outside the United States or by anyone other than a United States resident.
This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the parties related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.
Some of the content on DOWN-NOLA.com is free to our visitors and does not require the collection of any personally identifiable information. This site only collects personal information from our visitors on a voluntary basis. www.DOWN-NOLA.com is a fan-oriented website for Down and related products. By accessing this website our visitors can experience much of our content free of charge and have the option of paying an annual membership fee to gain access to the members only section of the site.
At DOWN-NOLA.com we are committed to protecting your online privacy and the safety of all our website visitors. WE do not require our visitors to disclose more information than is reasonably necessary to participate in an activity. The following policy describes how DOWN-NOLA.com collects, protects, and uses information it receives from visitors to the website. WE recognize the importance of adhering to the highest standards of decency, fairness and integrity in the operation of this website and are committed to providing quality online activities and information to all visitors.
Remember, never give out your full name, home address, email address, telephone number, or any other personally identifiable information that would allow any other online user to contact you either online or offline.
Reminder for Parents
DOWN-NOLA.com encourages children to consult with their parents before submitting any information to any website, including DOWN-NOLA.com. However, WE believe parents should be involved in the online activities of their children and suggest that parents do their best to provide their children with a safe and friendly online environment.
INFORMATION COLLECTION POLICIES
Personally Identifiable Information
Some of the products and services on our site are offered without collecting any personally identifiable information from you. You may surf most of this site and its content anonymously without giving out any personally identifiable information. DOWN-NOLA.com only collects personal information from our visitors on a voluntary basis. WE don't require any personally identifiable information to obtain access to the area of the site that is free to the public, and only collect personally identifiable information such as first and last name, mailing address, email address, telephone number, gender and date of birth when visitors register to join Down members only section of the site or to receive promotional information from US or enter a featured sweepstakes or contest where such information is required.
Personally identifiable information is collected from our members and is used to fulfill requested transactions (such as purchasing an annual membership or shipping merchandise) and to provide special offers and services through newsletters, mailings, emails and telephone calls by US. Personally identifiable information is only collected from children under 13 years of age with verifiable parental or guardian consent for the purposes defined below. If you purchase Down merchandise and services, WE may also collect a credit cardholder name, cardholder address and card number, street and billing address of any purchaser.
The Collection of Limited Personally Identifiable Information
Information provided at the Down website may be shared with Down, their management, representatives, and any existing or new record label they may join. WE are not responsible for how Third Parties handle the data once they receive it. When WE have co-branded or sponsored services, when WE host a site, or when WE join with other parties to provide specific services, WE may share (provide or receive) your personal information with them.
Reviewing Personally Identifiable Information
If you would like to review the personally identifiable information that we have collected about you or your child online, please send an email to firstname.lastname@example.org. After verifying your identity WE will send you an email with all the personally identifiable information that DOWN-NOLA.com has collected.
Choice / Opt-out
Online visitors, including children under the age of 13 and/or their parents, who no longer wish to receive our promotional materials or would like to unsubscribe may opt-out of receiving these communications by sending us an email entitled "unsubscribe" to email@example.com.
New Notice for Consent
If there are material changes in the collection, use or disclosure practices to which a parent has already agreed, WE will send a new notice and request the consent of the parents.
Sweepstakes & Contest Rules
DOWN-NOLA.com occasionally offers contests and sweepstakes to both fan club members and the general public, but does not condition participation in an activity on disclosing more personally identifiable information than is reasonably necessary to administer the activity. When you enter or participate in a contest or sweepstakes, WE request personal information from you (such as your full name, mailing address, email address, telephone number, gender and date of birth). The information you provide is used for the purpose of conducting the promotion (i.e. identifying winners). WE may also use this information to send you newsletters and other information we think may be of interest. Recipients of our mailings can unsubscribe by sending an email to firstname.lastname@example.org.
DOWN-NOLA.com has taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. All information related to this website is protected through proper security measures, which are periodically reviewed.
Privacy Statement for Children Under the Age of 13.
The activities of this site are carried out in compliance with the Children’s Online Privacy Protection Act of 1998. Under this Act, we may not ask a child to provide more personal information than is reasonably necessary to participate in the Down website.
On certain occasions, DOWN-NOLA.com may offer sweepstakes promotions and/or contests. Children under the age of 13 will be asked to check a box indicating he/she is under the age of 13. If so, he/she will be asked to submit his/her parent’s email address. After retrieving such information, DOWN-NOLA.com will send an email to the parent notifying him/her the child has registered and provide him/her with information about the program and give instructions on how the parent can remove the child from the promotion and/or contest. DOWN-NOLA.com will use the collected information (emails) ONLY to notify the promotion and/or contest winners and their parent that they have won. DOWN-NOLA.com requires the winners’ parents to provide us with all information other than as needed for legal requirements in connection with the promotion and/or contest. At DOWN-NOLA.com, we will ONLY collect the child’s email as well as the parent’s email for promotional or contest purposes and in no event will DOWN-NOLA.com use the information for any other purposes than to award prizes. The child will not be able to enter any sweepstakes or contest if he/she does not submit his/her parent’s email address.
When we receive a request to purchase a membership or merchandise from a child under the age of 13, which would require our collection of personally identifiable information, an email requesting the consent of the parent along with instructions on purchasing the membership online or via telephone or mail is sent to the parent. The parent must fill out the personally identifiable information needed including the parent’s credit card number to consent to the child’s purchase and participation in the Down Fan Club.
Message Board Policy
Participants must have a paid annual membership, which requires parental consent for a child under the age of 13, to join the Down Fan Club and participate on the Down Message Boards. It’s recommended that visitors never give out their full name, home address, email address, telephone number, or any other personally identifiable information that would allow any other online user to contact you either online or offline.
The information, ideas or opinions posted through this website do not necessarily reflect the views of US. WE shall not assume responsibility or liability for any postings or for any claims, damages or losses resulting from their use or appearance on this website. WE will sweep the message boards periodically at our discretion.
• WE do not allow postings that contain profanity or obscenities;
• Please be respectful of others. You can debate and disagree all you want but don't insult fellow board members.
• WE do not allow posts or links to sites that are sexual in nature or violate our standards. The DOWN-NOLA.com team shall be the sole arbitrator of what does and what does not violate community standards.
• WE do not allow posts that contain private or personal information that identifies a user or another person;
• WE will not tolerate slanderous, defamatory, threatening, rudeness, insulting posts, personal attacks, harassing comments; and other information that DOWN-NOLA.com believes is inappropriate.
• Absolutely no threads promoting or condoning illegal drug use or illegal activities.
• Do not start another thread for an already existing topic or that thread could possibly be locked, removed or moved to that appropriate already existing thread. Please keep all related postings to that thread under that topic
• Advertising, spamming and trolling is not allowed. This includes using the forum, email, visitor messages, blog comments, picture comments and private message systems to spam other members.
• Discussion of illegal activities such as software and music piracy and other intellectual property violations are not allowed.
• This message board may only be used for noncommercial purposes. Users may not post any information intended to promote or generate revenue for themselves or other third-party businesses.
• Also while these rules cover most common situations, they cannot anticipate everything. Consequently we reserve the right to take any actions we deem appropriate to ensure these forums are not disrupted or abused in any way.
• WE reserve the right to edit, delete or refuse to post any messages that violate its policies and does not endorse the accuracy or reliability of the content posted by its users.
• WE reserve the right to remove offensive posts without notice.
• WE reserve the right to ban anyone, without notice, who willfully violates the forum rules, as access to our forum are a privilege and not a right.
• Keep your avatars and signatures to a minimum. Let's face it, when threads are longer in signatures and graphics than they are in content, we know we have a problem! Please stick to the limits below... Thank you in advance!
GIF and JPEG file formats only with a maximum dimension of 80 pixels wide, by 80 pixels tall. File sizes are not to exceed 75K, and animated GIF's are allowed. No profanity. No 3rd party advertising for any website(s).
A maximum of three lines of text or 255 characters , with any graphic image counting as one line (only one image is allowed). GIF and JPEF file formats for any image with a maximum dimension of 100 tall by 150 pixels wide. File size is not to exceed 25k, and animated GIF's are allowed.
Please do not post links to 3rd party sites or unlicensed, unauthorized or bootleg Down materials. You have lots of other message boards for that kinda stuff. You may however, have a link to your own personal website in your signature or Profile. The content of your personal website may be reviewed, however, and based on how it ranks as a PG-13 website, you may be asked to remove the link to your personal website from your signature and in some cases, your Profile.
WE reserve the right to edit, delete or refuse to post any messages that violate its policies and does not endorse the accuracy or reliability of the content posted by its users.
By submitting a posting on the Down message board, you agree to hold us harmless from and against any breach of your representations, warranties or undertakings.
Children under the age of 13 must receive verifiable parental consent, which is received through the registration process in joining and purchasing an annual Down Fan Club membership, in order to participate on the message boards where personally identifiable information may be posted.
Again, DOWN-NOLA.com encourages participants not to post personally identifiable information on the Message Boards and retains rights to remove any personally identifiable information that may be posted.
Basic Guidelines to follow:
Golden Rule - Respect Yourself & Others
- No X-Rated pictures, jokes, videos, links, etc. No racist remarks. There will be no tolerance on this.
- Swearing (including defeating the automatic censor) will not be tolerated.
Locked or Deleted posts
- If one of your posts is locked or deleted, please do not start another thread dedicated to why it was edited. If you have a problem with your post being locked or deleted, please send a private message to an Admin/Moderator describing the problem.
No Defamatory or Political Signatures
- Leave the polarizing divisive political statements out of your signatures.
No Drug or Illegal Related Posts
- Absolutely no threads promoting or condoning illegal drug use or illegal activities.
- If a post is deleted and labeled as spam then we consider it spam so please do not post it again.
Leave if you don't like the way the forum is run
- It’s impossible to make everyone happy. We will do our best to keep this forum a fun and positive place for Down fans to gather on the Official Down Fan Community website. If you are unhappy with the rules posted above please don’t turn the Down forums into a negative place – we only want to create good karma and a healthy environment for all.
This is a FAN site
- Remember fist and foremost this is a FAN site. A place where fans come and gather and talk about a common interest. If you are not a fan please find the appropriate forum elsewhere. The Internet is a big place, you shouldn't have a problem finding one.
These rules and guidelines can change without notice as we see fit.