I. Acceptance of Terms
THESE TERMS AND
CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT
BETWEEN YOU AND www.tompace.org governing your use of this site www.tompace.org (the "Site"). Please review the Terms fully before
you continue to use the Site. By using the Site, you agree to be bound
by the Terms. You shall also be subject to any additional terms posted
with respect to individual sections of the Site. Please review our
our practices. If you do not agree, please discontinue using the Site. www.tompace.org reserves the right to change the Terms at any time
without prior notice. Your continued access or use of the Site after
such changes indicates your acceptance of the Terms as modified. It is
your responsibility to review the Terms regularly. The Terms were last
updated on 18 June 2008.
Your use and browsing of the
Site is at your risk. If you are dissatisfied with any of the materials
contained in the Site, with the quality of service or Content, or with
these Terms, your sole and exclusive remedy is to discontinue accessing
and using the Site.
II. Intellectual Property Issues
Site is owned by www.tompace.org All of the content featured or
displayed on the Site, including, but not limited to, still images,
text, pictorial works, video images, still images of video, graphic
designs, audio recordings, multimedia combinations, and computer
programs, including web-based programs ("Content") is owned or licensed
by www.tompace.org. Advertisements for third-party entities are not
considered Content for the purposes of this Section. However, these
advertisements are owned or licensed by their respective third-party
entities and are subject to protections similar to those set forth in
Pursuant to the copyright and trademark laws of the United States, you agree:
That you may only download Content that www.tompace.org designates as
offered for download to any single computer a single copy of any
Content for personal and noncommercial use.
2. To not reproduce,
distribute, modify, re-post on another site (regardless of the server
on which the Content is stored), or sell any Content without specific
written authorization from www.tompace.org, unless such use is pursuant
to Part III of this agreement (Educational Use of Content).
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site.
5. That by posting or submitting any text or other materials to the Site you grant www.tompace.org
a royalty-free permanent license for the worldwide use and/or
sublicense of such materials. Such license shall include the right to
exploit any proprietary rights in the posting or submission.
III. Educational Use of Content
respect to Content designated as available for download for educational
purposes, librarians, teachers, support staff, administrators, and
other staff of educational institutions are authorized to download,
print, reproduce, and distribute such Content as may be beneficial for
use in educational settings. This authorization extends only as far as
is necessary to directly benefit students. Content subject to this
Section may not be disseminated beyond the user's particular
educational institution and may under no circumstances be used for
Content used for any purpose must always
maintain unaltered copyright and other proprietary notices. Content may
not be re-posted, framed, or mirrored on any other Web sites or
computer networks, regardless of educational use.
Site and all material and information posted on it is provided to you
"as is" without any warranties. You agree that you must evaluate and
bear all risks associated with use of the Site, including those risks
associated with reliance on the accuracy, thoroughness, or utility of
You acknowledge that due to the immediate nature of this medium, www.tompace.org
does not review, censor, approve, edit, or endorse information placed
on the Site by its users, and cannot guarantee that inappropriate
material will not be posted. www.tompace.org will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Site may provide, or third parties may provide, links to other sites or resources. Because www.tompace.org has no control over such sites and resources, you acknowledge and agree that www.tompace.org
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 www.tompace.org
shall not be responsible or liable for any damage or loss caused or
alleged to be caused in connection with use of or reliance on any such
linked content, goods or services available on or through any such
linked site or resource.
V. User Conduct
users shall use the Site for lawful purposes only. You agree not to
post or transmit through the Site any material that is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, which encourages criminal conduct, or
that may give rise to civil liability. You agree not to post or
transmit through the site any material or text which constitutes
advertising or solicitation with respect to any product or service,
unless expressly authorized in writing by www.tompace.org to do so.
Conduct by any user that, at the discretion of www.tompace.org, restricts or inhibits any other user from using or enjoying the Site will not be permitted. www.tompace.org
reserves the right to refuse access to the Site to any user for any
reason, including, without limitation, a reasonable belief that the
user in question has violated these Terms or any of the copyright or
trademark laws of the United States.
CAUTION: ANY ATTEMPT
BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE LATENIGHT
BAR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.
You agree to indemnify, defend, and hold harmless www.tompace.org;
its affiliates and partners; and their respective officers, directors,
employees, agents, members, licensors, representatives, and third party
providers to the Site from and against all losses, expenses, damages,
and costs, including reasonable attorneys' fees, resulting from any
violation of these Terms. www.tompace.org
reserves the right to assume, at its sole expense, the exclusive
defense and control of any matter subject to indemnification by you, in
which event you will fully cooperate with www.tompace.org in asserting any available defenses.
and all disputes, with the exception of copyright claims, arising out
of, under or in connection with this Agreement, including without
limitation, its validity, interpretation, performance, or breach, shall
be settled by final and binding arbitration in Washington, D.C.,
pursuant to the rules of the American Arbitration Association. Judgment
upon any award rendered may be entered in the highest court of the
forum, state or federal, having jurisdiction. This agreement, its
validity and effect, shall be interpreted under and governed by the
laws of the District of Columbia, without regard to its conflict of
laws provisions, and you agree that the arbitrators shall award all
costs of arbitration, including reasonable attorneys' fees plus legal
rate-of-interest, to the successful party. Copyright claims shall be
brought in the Federal court having jurisdiction. If you are an agent
for or an employee of a non-U.S. company but operate in a place of
business in the U.S. or its territories, you expressly agree that any
dispute regarding this contract shall be adjudicated within the U.S. in
the manner described here. If www.tompace.org
is obligated to go to court, rather than arbitration, to enforce any of
its rights, you agree to reimburse The LateNight Bar for its respective
legal fees, costs, and disbursements if www.tompace.org is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between www.tompace.org
and the users of the Site, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. No
action of The LateNight Bar may be construed as a waiver of any part of
unenforceable, the other paragraphs will remain in full force and