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Terms Of Use
(Effective
October 31, 2002; last modified February 10, 2011)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Read the Privacy Policy here
Welcome to timmcgraw.com, owned and operated by Road Dog
Touring, Inc. ("we," "us," or "RDT"),
the official site of Tim McGraw (the "Artist"). RDT
provides this website and all site-related services (collectively,
the "Site") subject to your compliance with the terms and
conditions set forth in this agreement (the "Agreement").
This Agreement governs the relationship between RDT and you, the Site
visitor and/or member ("you", "your"), with
respect to your use of the Site. It is important that you read
carefully and understand the terms and conditions of this Agreement.
RDT cannot prohibit minors from visiting this site. RDT must
rely on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate for such
children to view and/or purchase. Pursuant to 47 U.S.C. Section 230
(d), as amended, we hereby notify you that parental control
protections (such as computer hardware, software or filtering
services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying
current providers of such protections is available on the two
websites GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/).
Please note that RDT does not endorse any of the products or services
listed at such websites.
By
using or attempting to use the Site, you certify that (1) you are a
resident of the United States or Canada and are at least 13 years of
age or, if under the age of 13, you have the consent of your parent
or guardian (over the age of 18) to use the Site, or (2) you are not
a resident of the United States or Canada and are at least 18 years
of age or, if under the age of 18, you have the consent of your
parent or guardian (over the age of 18) to use the Site. If you do
not meet these requirements or, if for any reason, you do not agree
with all of the terms and conditions contained in this Agreement,
please discontinue using the Site immediately.
By using the Site, you agree to be bound by the terms of this
Agreement, all applicable laws and regulations, and any additional
terms that govern certain products and services, which will be
presented in conjunction with those products and services
("Additional Terms"). The Site may also provide rules of
participation ("Rules") for certain activities and services
including, without limitation, contests and sweepstakes, games,
membership clubs and email. The Site's Additional Terms, Privacy
Policy
and the Rules are hereby incorporated in this Agreement by reference.
To the extent that there is a conflict between this Agreement and
Additional Terms for the activity in which you choose to participate,
the Additional Terms shall govern. To the extent that there is a
conflict between this Agreement and the specific Rules for the
activity in which you choose to participate, this Agreement shall
govern. This Agreement will remain in full force and effect as long
as you are a user of the Site and in the event of termination of any
membership, service or feature, you will still be bound by your
obligations under this Agreement, the Privacy
Policy,
any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
We reserve the right
at any time to:
• Change the terms and conditions of this
Agreement;
• Change the Site, including eliminating or
discontinuing any content on or feature of the Site; or
•
Change any fees or charges for use of the Site.
Any changes
we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting a revised
version of this Agreement on the Site. You can determine when this
Agreement was last revised by referring to the "Last Updated"
legend at the top of this Agreement. Your continued use of the Site
after such notice will be deemed acceptance of such changes. Be sure
to return to this page periodically to ensure familiarity with the
most current version of this Agreement. Upon our request, you agree
to sign a non-electronic version of this Agreement.
Code
of Conduct
You
agree to respect the rights of others and exercise good judgment. You
agree that you will not:
• Restrict or inhibit any other
visitor or member from using the Site, including, without limitation,
by means of "hacking" or defacing any portion of the Site;
• Use the Site or Materials for any unlawful purpose;
•
Express or imply that any statements you make are endorsed by us,
without our prior written consent;
• Impersonate any person or
entity or misrepresent your affiliation with a person or entity;
•
"Stalk" or otherwise harass another person; • Solicit
personal information from, harm or attempt to harm minors, in any
way;
• Transmit (a) any content or information that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable, or infringes our or any third
party's intellectual property or other rights; (b) any material,
non-public information about companies without the authorization to
do so; (c) any trade secret of any third party; or (d) any
advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
•
Use the Site for any commercial purpose, such as conducting sales of
tickets, merchandise or services of any kind. Without limiting the
foregoing, you may not resell or link to other sites for the purpose
of selling tickets of any kind;
• Engage in spamming or
flooding;
• Transmit any software or other materials that
contain any viruses, worms, Trojan horses, defects, date bombs, time
bombs or other items of a destructive nature;
• Modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site; • Remove any copyright,
trademark or other proprietary rights notices contained in the Site;
• "Frame" or "mirror" any part of the Site
without our prior written authorization;
• Use any robot,
spider, offline reader, site search/retrieval application or other
manual or automatic device or process to retrieve, index, "data
mine" or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents without our
prior written consent. Notwithstanding the foregoing, RDT grants the
operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices
of the materials, but not caches or archives of such materials. RDT
reserves the right to revoke these exceptions either generally or in
specific cases;
• Harvest or collect information about Site
visitors or members without their express consent;
• Take any
action that imposes an unreasonable or disproportionately large load
on our infrastructure;
• Access, reload or "refresh"
transactional event or ticketing pages, or make any other request to
transactional servers, more than once during any three-second
interval; • Request more than 1,000 pages of the Site in any
twenty-four hour period, whether alone or acting in concert with a
group of individuals; or
• Violate any applicable local, state,
national or international law, rules or regulations, including,
without limitation, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange.
Privacy
We
will have the right to collect, share and use your information in
accordance with our Privacy
Policy,
which is incorporated by reference in these Terms.
Ownership
and Restrictions on Use
The
information and materials provided on or through the Site, including
any data, text, designs, graphics, images, photographs,
illustrations, audio and video clips, logos, icons and links
(collectively, the "Materials"), are intended to educate
and inform you about the events, venues and other products and
services offered or described on the Site. Although RDT strives to
provide Materials that are both useful and accurate, the nature of
the data and other information contained on the Site is subject to
frequent change. In addition, the facts and circumstances of every
situation differ. Accordingly, although RDT endeavors to use
reasonable care in assembling the Materials, the Materials may not be
up-to-date, accurate or complete. Moreover, portions of the Materials
have been contributed to the Site by various artists and other
persons. The inclusion of such information does not indicate any
approval or endorsement thereof, and RDT expressly disclaims any
liability with respect to the foregoing.
Subject to your
compliance with the terms and conditions of this Agreement, you may
only download one (1) copy of any Materials displayed on the Site,
and you may use such downloaded Materials solely for your personal,
non-commercial use, provided that you retain all copyright and other
proprietary notices contained therein. RDT cannot guarantee that
technical difficulties will not occur during the download of the
Materials or that the Materials will download successfully. You may
not engage in any unauthorized use, copying, or distribution of any
of the Materials. For example, you may not otherwise reproduce,
display, publicly perform, or distribute the Materials in any way for
any public or commercial purpose. You may not alter or modify any
part of the Site other than as may be reasonably necessary to use the
Site for its intended purpose. Modification or use of the Materials
for any purpose other than as expressly authorized in this Agreement
is a violation of our copyright and other proprietary rights, and is
strictly prohibited.
The Site, including all Site software,
databases, proprietary information and Materials (and any
intellectual property and other rights relating thereto) including,
without limitation, the selection, sequence and "look and feel"
and arrangement of items, is owned and operated by RDT in conjunction
with others pursuant to contractual arrangements, and will remain the
property of RDT and its licensors and suppliers. The Site is
protected by U.S. and international copyright, trademark and other
laws, and you acknowledge that these rights are valid and
enforceable. You further acknowledge that you do not acquire any
ownership rights by using the Site or the Materials.
The
trademarks, logos, and service marks displayed on the Site
(collectively the "Trademarks") are the registered and
unregistered trademarks of RDT, RDT's licensors and suppliers, and
others. The Trademarks owned by RDT, whether registered or
unregistered, may not be used in connection with any product or
service that is not offered by RDT, in any manner that is likely to
cause confusion with customers, or in any manner that disparages RDT.
Nothing contained on the Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any
Trademark without the express written permission of RDT, RDT's
licensors or suppliers, or the third party owner of any such
Trademark. Misuse of any Trademarks is prohibited, and RDT will
aggressively enforce its intellectual property rights in such
Trademarks, including via civil and criminal proceedings.
Links
The
Site contains links to other Internet websites, including affiliated
websites which may or may not be owned or operated by RDT. RDT has
not reviewed all of the websites that are linked to the Site, and RDT
has no control over such sites. Unless otherwise explicitly stated,
RDT is not responsible for the content of such websites, any updates
or changes to such sites, or the privacy or other practices of such
sites, and the fact that RDT offers such links does not indicate any
approval or endorsement of any material contained on any linked site.
RDT is providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the
terms of use and practices of any linked site. Further, it is up to
you to take precautions to ensure that whatever links you select or
software you download (whether from the Site or other sites) is free
of such items as viruses, worms, Trojan horses, defects, date bombs,
time bombs and other items of a destructive nature.
You agree
that your use of other internet websites and resources including,
without limitation, your use of any content, information, data,
advertising, products or other materials on or available through such
websites and resources, is at your own risk and is subject to the
terms and conditions of use applicable to such sites and resources.
Claims
of Copyright Infringement
We
respect the intellectual property rights of others, and we ask our
users to do the same. The Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in good faith that
materials hosted by RDT infringe your copyright (for example,
materials posted by RDT on one of our Forums), you (or your agent)
may send us a notice requesting that the material be removed, or
access to it blocked. The notice must include the following
information: (i) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (ii) identification of the copyrighted work
claimed to have been infringed (or if multiple copyrighted works
located on the Site are covered by a single notification, a
representative list of such works); (iii) identification of the
material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow
RDT to locate the material on the Site; (iv) the name, address,
telephone number and email address (if available) of the complaining
party; (v) a statement that the complaining party has 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 (vi) a
statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed. Additionally, if you believe in good faith that a notice
of copyright infringement has been wrongly filed by RDT against you,
the DMCA permits you to send RDT a counter-notice.
Notices
and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to the Site
should be sent to timmcgraw@redlightmanagement.com.
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
Rules
for Sweepstakes, Contests and Games
In
addition to the terms and conditions of this Agreement, any
sweepstakes, contests, games or similar promotions (collectively,
"Promotions") made available through the Site may be
governed by specific rules that are separate from this Agreement. By
participating in any such Promotion, you will become subject to those
rules, which may vary from the terms and conditions set forth herein.
RDT urges you to review any specific rules applicable to a particular
Promotion, which will be linked from such Promotion, and to review
our Privacy
Policy
which, in addition to this Agreement, governs any information you
submit in connection with such activities. To the extent that the
terms and conditions of such rules conflict with this Agreement, the
terms and conditions of such rules shall control with respect to the
particular Promotion.
Modification,
Suspension and Termination
We
reserve the right at any time to suspend, modify or discontinue,
temporarily or permanently, any portion of the Site or the Club with
or without cause and with or without prior notice. You agree that we
will not be liable to you or to any third party for any suspension,
modification or discontinuance.
Disclaimers
THE
SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED
THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, RDT AND ITS PARENTS,
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE
SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may
not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. RDT AND ITS PARENTS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT
THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE
SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER
EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF
RDT OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE,
SHALL CREATE ANY WARRANTY. RDT DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RDT WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE
ENTIRELY AT YOUR OWN RISK.
The Site, Materials or Forums
could include inaccuracies or errors, or information or materials
that violate this Agreement (specifically, the Code of Conduct
above). Additionally, unauthorized alterations could be made by third
parties to the Site, Materials or Forums. Although we attempt to
ensure the integrity of the Site, we make no guarantees as to the
Site's completeness or correctness. In the event that a situation
arises in which the Site's completeness or correctness is in
question, please contact us at copyrightofficer@livenation.com with,
if possible, a description of the material to be checked and the
location (URL) where such material can be found on the Site, as well
as information sufficient to enable us to contact you. We will try to
address your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on "Claims of
Copyright Infringement," above.
Limitation
of Liability
NEITHER
RDT NOR ANY OF ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL
BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE
SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE
SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT RDT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER
FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE
CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE
OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF RDT, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS,
VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR
OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES,
INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED,
EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR
(VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE
TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE
SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE.
Indemnification
You
agree to indemnify, defend and hold the Club, RDT, Artist and
Artist's management, and each of their parents, affiliates,
licensors, suppliers, advertisers and sponsors, and their respective
directors, officers, employees, consultants, agents and other
representatives, harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys' fees) and
other expenses that arise directly or indirectly out of or from (i)
your breach of this Agreement, including any violation of the Code of
Conduct, above; (ii) any allegation that any User Content or other
materials you submit to us or transmit to the Site infringe or
otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or
(iii) your activities in connection with the Site.
Force
Majeure
We
will not be liable to you or any third party for failure or delay in
performing our obligations hereunder if such failure or delay is due
to circumstances beyond our reasonable control, including, without
limitation, acts of any governmental body, war, insurrection,
sabotage, computer viruses, terrorism, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS
propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of the Site.
Access
from Outside the United States
Unless
otherwise specified, the Materials on this Site are presented
primarily for citizens and residents of the United States and its
territories, possessions, and protectorates. We make no
representation that Materials on the Site are appropriate or
available for use in other locations. Those who choose to access the
Site do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent
local laws are applicable. We reserve the right to limit the
availability of the Site and/or the provision of any service,
program, film or other product described thereon to any person,
geographic area or jurisdiction, at any time and in our sole
discretion, and to limit the quantities of any such service, program,
film or other product that we provide. Software from this site is
further subject to United States export controls. No software from
this site may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using any
software from this site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
Notice
for California Users
Under
California Civil Code Section 1789.3, California Site users are
entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing
at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210.
Arbitration
You
agree that any dispute arising out of or relating to these Terms or
your use of the Site will be submitted exclusively to confidential
binding arbitration in Virginia. Arbitration under these Terms will
be conducted under the prevailing rules of the American Arbitration
Association. The arbitrator's award will be binding and may be
entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under
these Terms will be joined to an arbitration involving any other
party subject to these Terms, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, to the
extent you have in any manner violated or threatened to violate the
intellectual property rights of RDT or Artist, these persons or
entities may seek injunctive or other appropriate relief in any state
or federal court in the state of Virginia.
Miscellaneous
This
Agreement is governed by and construed in accordance with the laws of
the State of Virginia, United States of America, without regards to
its principles of conflicts of law. You agree to submit to the
exclusive jurisdiction of any State or Federal court located in
Virginia, United States of America, and waive any jurisdictional,
venue or inconvenient forum objections to such courts. 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 Site or this
Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred. If any provision of this
Agreement is found to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between us
relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral agreements between us with
respect to such subject matter. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption or
section title contained in this Agreement is inserted only as a
matter of convenience and in no way defines or explains any section
or provision hereof.
Privacy Policy
(Effective
October 31, 2002; last modified February 10, 2011)
This website, located at
www.timmcgraw.com (the "Site"), owned and operated by Road
Dog Touring, Inc. ("we," "us," or "RDT"),
and is the official site of Tim McGraw. We understand the concerns
that our members and other visitors to our web site (the "Site")
have about the collection, use, and disclosure of their Personally
Identifiable Information (as defined below) while online.
Accordingly, we have established this Privacy Policy to make you
aware of the information collection and sharing practices of the
Site. This Privacy Policy only applies to transactions made and data
gathered on the Site and does not pertain to information collected on
any other site owned by RDT, its subsidiaries or other businesses,
nor does it extend to the privacy practices (or lack thereof) of
third parties. RDT cannot and does not assume responsibility for the
policies, practices and actions of such third parties. By visiting
the Site, you are accepting the practices described in this Privacy
Policy. Please review this Privacy Policy periodically. We may update
it from time to time and we will notify you of any modifications in
this section or in links from this section.
RDT complies with
the privacy laws and regulations of the United States of America. RDT
makes no representation that this Site is governed by or operated in
accordance with the laws of other nations, or that the Site or any
part thereof is appropriate or available for use in any particular
jurisdiction. Those who choose to access the Site do so on their own
initiative and at their own risk, and are responsible for complying
with all local laws, rules and regulations. By using this Site,
visitors from outside of the United States of America acknowledge
this Site is subject to the laws and regulations of the United States
of America, and waive any claims that may arise under their own
national laws.
RDT reserves the right to change, modify, add,
or remove provisions of this Privacy Policy. Any changes to this
Privacy Policy will be posted here, and we encourage you to check
back from time to time to ensure continuing familiarity with the most
current version of our Privacy Policy. You can determine whether the
Privacy Policy has been revised since your previous visit to the Site
by referring to the "Last Updated" legend at the top of
this page. Please read this Privacy Policy carefully. Your use of
this Site constitutes your acceptance to be bound by this Privacy
Policy without limitation, qualification or change. If at any time
you do not accept all the terms and conditions contained herein, you
must immediately discontinue use of this Site.
Use
of This Site by Children
The
Site is not directed to individuals under the age of thirteen (13),
and we request that such individuals do not provide Personally
Identifiable Information (as defined below) through the Site.
Children under the age of 13 may only register as a member with the
confirmed consent of a parent or legal guardian. If a parent or
guardian becomes aware that his or her child has provided us with
Personally Identifiable Information without the parent or guardian's
consent by, for example, misrepresenting his or her age, that parent
or guardian should contact us at timmcgraw@redlightmanagement.com. If
RDT determines that it has collected personal information of children
under the age of 13 without parental consent, RDT will immediately
delete such information and any accounts believed to be held by
children under 13. Please see our Terms of Use for additional
information regarding the use of this Site by minors. Accordingly, we
request that person's age and residence before we permit anyone to
register with our site, open an account, register for our newsletter,
participate in any games, contests or sweepstakes, purchase tickets
or other merchandise, join a mailing list or to request any
information, products or services offered by our site. We do not
accept any such registration from, or provide any product or service
to, any visitor who identifies himself or herself as being under the
applicable age limit without confirmed parental consent. If we
discover any Personally Identifiable Information from anyone who is
under the applicable age limit provided without parental consent, we
will promptly delete it. During the sign-up process for this site we
may have collected parents' credit card information for two reasons:
1. To verify your parental consent for your child to become a member
of the site and have access to all of its features. 2. To process
your membership fee. By providing your credit card information and
email address you are giving consent for your child to use all of the
features of the web site. During the registration process, we will
directly collect from your child their first name, username, date of
birth and password for the site. We will also collect your email
address and billing information and your child's email address from
you. None of this information is ever shared with 3rd parties. After
registration is completed with your consent, your child will have
access to all of the interactive features of the web site including
chat, message boards, community section, community profile, and
community inbox. You should be aware that your child will be able to
disclose personal information about themselves to any other members
accessing these features. You will receive an email confirming your
consent for your child to become a member of the site, with the
option to decline membership.
1.
What Information We Collect
RDT
gathers two basic types of information through the Site: "Personally
Identifiable Information" (or "PII") and
"Non-Personally Identifiable Information" (or "Non-PII").
PII is information that identifies or can identify you as an
individual (such as residential address, telephone number, or billing
information) and Non-PII is aggregated information, demographic
information, IP addresses and any other information that does not
reveal your specific identity.
a.
Non-Personally Identifiable Information -When
you visit and interact with the Site, RDT and third parties with whom
RDT has contracted to provide services to RDT may collect Non-PII
(for example, a catalog of the Site pages you visit). Non-PII is
anonymous and does not identify you personally. Non-PII is generally
collected through the Site from four different sources: Internet
protocol addresses and web logs; cookies; pixel tags and other
similar technologies; and other Non-PII that you voluntarily provide
(as explained below).
i.
IP Protocol Addresses and Web Logs -
This Site's web servers automatically collect the Internet Protocol
(IP) addresses and log files of visitors. Your IP address is an
identifying number that is automatically assigned to your computer by
your Internet Service Provider (ISP). This number is identified and
logged automatically in our server log files whenever you visit the
Site, along with the time(s) of your visit(s) and the page(s) that
you visited. This information is collected in an aggregate form only
and does not contain any PII. We use your IP address, and the IP
addresses of all users, for purposes such as calculating Site usage
levels, helping diagnose problems with the Site's servers, and
administering the Site. Collecting IP addresses is standard practice
on the Internet and is done automatically by many websites.
ii.
Cookies - We
and our service providers may use a standard technology called a
"cookie" to collect information about how you use the Site.
Cookies reside on your computer and help the Site recognize your
computer's browser as a previous visitor. In addition, on occasion
our Site may also set a "session cookie" which helps us
administer the Site. The session cookie expires when you close your
browser and does not retain any information about you after it
expires. If you do not want information collected through the use of
cookies, you should be able to modify your browser preference to
provide you with choices relating to cookies. For example, if you use
a standard browser, you should have the choice to accept all cookies,
to be notified when a cookie is set or to reject all cookies. If you
choose to reject cookies, you may be unable to use certain Site
services (e.g., those services that require you to log on to the Site
in order to participate). For more information on modifying your
browser preference, please refer to the documentation accompanying
your browser.
iii.
Pixel Tags - We
and our service providers may also use so-called "pixel tags,"
"web beacons," "clear GIFs" or similar means
(collectively, "Pixel Tags") in connection with some Site
pages and HTML-formatted email messages to, among other things,
compile aggregate statistics about Site usage and response rates. A
Pixel Tag is an electronic image, often a single pixel (1x1), that is
ordinarily not visible to Site visitors and may be associated with
cookies on the visitors' hard drives. Pixel Tags do not contain any
PII and allow us to count users who have visited certain pages of the
Site, to deliver branded services, and to help determine the
effectiveness of promotional or advertising campaigns. When used in
HTML-formatted email messages, Pixel Tags can tell the sender whether
and when an email has been opened.
iv.
Information You Voluntarily Provide -
We may also collect certain information (e.g., your geographic
location, your genre preferences etc.) when you voluntarily provide
such information to us. When such information is not combined with
any PII, such information is considered to be Non-PII, as it does not
personally identify you or any other user. Additionally, we may
aggregate PII in a manner such that the end-product does not
personally identify you or any other user of the Site, for example,
by using PII to calculate the percentage of our users who have a
particular telephone area code. Such aggregate information is
considered Non-PII for purposes of this Policy.
b.
Personally Identifiable Information -You
may use many features of this Site without providing any PII.
However, in order to take advantage of particular opportunities made
available through the Site (for example, to access additional
services provided by this Site such as concert updates, chat room
forums and/or personalized content) we may require that you furnish
PII to us such as: your name, postal address, telephone number, fax
number email address, age, gender, credit card number or other
payment account number and health-related information (for example,
physically disabled seating requests). We collect PII from you
through the Site only when you voluntarily provide it.
If you
become a member of the Club, you should note that when you complete
your member profile, this information can be viewed by other members.
Accordingly, you should not provide any information in your member
profile that you do not wish to share with third parties and you
should have no privacy expectations with respect to the information
contained therein. You should be aware that if you voluntarily
disclose information online in a publicly accessible area, such as in
your member profile, a message board or chat room, that information
may be collected and used by others. We do not control the actions of
our visitors. If you disclose PII in your member profile, message
board, or any other publicly accessible place on the Internet, you do
so at your own risk and should understand that your submitted
information may be collected and used by others to send you
unsolicited messages, advertisements, or for other purposes. Please
remember that protection of your privacy begins with you. You are
solely responsible for maintaining the secrecy of any password you
use to register, and you should always be careful and responsible
whenever disclosing information online.
2.
How Information We Collect Is Used
a.
Non-Personally Identifiable Information -
Because Non-PII does not personally identify you, we may use such
information for any purpose. For example, we may use Non-PII to
measure the number of visits, average time spent on the Site and
pages viewed as well as to diagnose problems with our servers and to
administer the Site. We may then use this information to analyze and
improve the features and functionality of this Site. We may use
non-PII information about you and other Site visitors on an aggregate
basis to sell and deliver advertising, promotions and content that we
believe will be of interest to you. In addition, we reserve the right
to share such Non-PII, which does not personally identify you, with
third parties, for any purpose. For example, we may share information
with advertisers or other third parties that are not part of the RDT
family on an aggregate or other basis that does not disclose any of
your PII.
In some instances, we may combine Non-PII with PII
(such as embedding email addresses in cookies). If we do combine any
Non-PII with PII, the combined information will be treated as PII as
long as it is so combined. This "combined" PII is not
shared with third parties, except as described in this Policy.
b.
Personally Identifiable Information
i.
Site: We may
use PII you give us to better tailor your website experience to your
interests, and to show you content in which you may be interested and
to display the content according to your preferences. We may also
share your PII within the RDT business family in order to enhance
your experience on other RDT websites. To the extent we do so, we
make sure that your PII receives the same level of protection
throughout the RDT business family. Please note that such sharing may
involve the collection use, storage, or disclosure of PII outside the
United States of America.
ii.
Communications:
If you choose to opt-in, we may use your PII to send you information
about the Site, as well as promotional material on behalf of some of
our partners. If at any time you change your mind and prefer to no
longer receive such marketing communications from us, please see the
"Opt-In Policy" section below.
iii.
Administrative Matters:
RDT reserves the right to contact you in the event of a change in the
Site's Terms of Use and/or this Privacy Policy, or to notify you of
other administrative matters in connection with the Site (e.g.,
contacting you to facilitate, complete or confirm a transaction).
Because this information may be important to your use of the Site,
you may not opt-out of receiving such communications.
iv.
Fulfillment of Requests:
RDT may use your PII to fulfill the purpose for which such PII was
provided (e.g., to confirm your registration or fulfill your
purchase).
v.
Facilitation of Transactions:
Please note that, at times, forms on the Site may be pre-populated
with your PII in order to facilitate a transaction between you and
RDT.
vi.
Internal Business Purposes:
We may also use your PII for our internal business purposes, such as
to target advertising, for data analysis, for audits and for other
internal purposes.
vii.
Shopping/Commercial Services:
This Site may offer merchandise and/or ticket purchase services,
which may be offered by us or by one of our e-commerce partners. To
the extent the merchandise and/or ticket purchase services are
offered by one of our e-commerce partners, such e-commerce partner
will be collecting and using the PII you provide. For more
information regarding your transactions with our e-commerce partners,
please refer to Section 4(b) below.
To the extent RDT is the
entity offering the purchase services, when you make a purchase
through the Site, we may collect your credit card number or other
payment account number (for example, your PayPal account number),
billing address and other information related to such purchase
(collectively, "Payment Information") from you. We will use
the Payment Information that you provide to bill you for your
purchase and to fulfill your purchase. By providing your Payment
Information, you are authorizing us to give that information to third
parties as necessary to confirm and fulfill your order (for example,
to process your credit card or payment account number and to send you
products you have ordered).
viii.
Email This to a Friend:
The Site may allow you to forward certain items posted on Site or
links to Site features by email or Instant Messenger to other parties
who you believe may be interested. If you wish to use this feature,
you may provide us with such other party's email address or Instant
Messenger screen name so that we can facilitate your sending of such
message to such other party. To do so, any PII you provide in
connection with sending such other party the message, such as your
name and your email address or Instant Messenger screen name, will,
of course, be disclosed to such other party. While, due to technical
restrictions, the recipient's email address or Instant Messenger
screen names may be retained in our log files, we do not knowingly
share it with third parties and we do not use this PII for any
purpose except to send this message (unless the recipient has already
consented to such use of his/her PII).
ix.
Online Surveys/Sweepstakes and Contests:
From time to time, we conduct online surveys and offer online
sweepstakes or contests on the Site (each, a "Promotion"),
and we may collect PII in connection with the same. We may use your
PII to contact you regarding your Promotion entry, or to contact you
if you win a Promotion (if applicable). You should carefully review
the rules, if any, of each Promotion in which you participate through
the Site, as they may contain additional important information about
RDT's use of your PII. To the extent such rules conflict with this
Privacy Policy, such rules will govern that particular Promotion.
3.
How Personally Identifiable Information We Collect Is Disclosed
a.
Affiliate Communications:
If you choose to opt-in, we may share your PII with our affiliates so
that they may send you announcements and notifications of events,
products or services that might be of interest to you. For further
information, please see the "Opt-In Policy" section below.
b.
Third Party Communications:
If you choose to opt-in, we may also share your PII with third
parties to allow such third parties to send promotional
communications to you. For further information, please see the
"Opt-In Policy" section below.
c.
RDT Service Providers:
We work with third parties who provide services including but not
limited to data analysis, order fulfillment, credit card processing
and other services of an administrative nature. If you use our
services, we reserve the right to share your PII with such third
parties for the purpose of enabling these third parties to provide
such services. We take reasonable steps to ensure these third parties
treat PII in a manner comparable to how we do so.
d.
Public Forums and Other Interactive Features:
Please be aware that when you disclose PII in a chat room, forum,
message board or news groups on the Site, the information may become
public and accessible to all or a part of the Site community, so it
is important for you to exercise discretion and appropriate caution
when deciding to reveal PII in these areas. In addition, when you
choose to make a posting on such services, certain PII may be
available for other users to view. We urge you to exercise discretion
and caution when deciding to disclose your PII, or any other
information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY
PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA THESE FORUMS AND
OTHER INTERACTIVE FEATURES. Please note that we reserve the right,
but have no obligation, to republish content posted in a chat room,
forum, message board or news group (including any PII contained
therein) as further set forth in our Terms of Use Agreement.
In
the event that you encounter any Site user who you believe is
improperly collecting or using information about you or other users,
please visit our Help Page to send us an email about such collection
or use.
e.
Online Surveys/Sweepstakes and Contests:
We reserve the right to share PII collected in connection with
Promotions with the third-party sponsors of any such Promotions
(irrespective of whether such Promotions are hosted by us), or
otherwise in accordance with the rules applicable to such Promotion.
You should carefully review the rules, if any, of each Promotion in
which you participate through the Site, as they may contain
additional important information about a sponsor's or other third
parties' use of your PII. To the extent such rules conflict with this
Privacy Policy, such rules will govern that particular Promotion.
f.
Compliance With Applicable Law:
RDT may also access and disclose PII as needed to: (1) comply with
applicable laws; (2) respond to governmental inquiries or requests;
(3) comply with valid legal process; (4) protect the rights, privacy,
safety or property of RDT, Site visitors or the public; (5) permit us
to pursue available remedies or limit the damages that we may
sustain; and (6) enforce our Terms of Use or other published
guidelines.
g.
Assignment:
We reserve the right to transfer any and all information that we
collect from users of the Site to a third party in the event of any
reorganization, merger, sale, joint venture, assignment, transfer or
other disposition of all or any portion of RDT's business, assets or
stock (including without limitation in connection with any bankruptcy
or similar proceedings).
4.
Collection of Information By Third Parties
a.
Co-Branded Pages -
We may enter into relationships with "powered by" partners,
business partners, sponsors, and co-branded sites (referred to here
as "co-branded pages"). These might include, for example,
pages that share our name and that of another entity. You should look
for a specific privacy policy on any such co-branded page. Any PII
that you provide when signing up at any co-branded page may be
collected by, or shared with, our third-party partner. We have no
control over, and are not responsible for, our partners' use of your
PII. You should check our posted partners' websites for information
regarding their privacy policies.
b.
Transactions With E-Commerce Partners, Vendors and Advertisers -
When you provide PII to one of our Site's e-commerce partners,
vendors or advertisers, this transaction will occur in connection
with the site of the e-commerce partner, vendor or advertiser, not on
the Site, and, as such, the PII you provide is collected pursuant to
and controlled by the privacy policy of such e-commerce partner,
vendor or advertiser. RDT is not responsible for such parties'
privacy policies and we encourage you to familiarize yourself with
the applicable privacy policy of the e-commerce site with which you
transact business or to contact the operator of such site for more
information. Please be aware that at times, at the request of or on
behalf of our e-commerce partners, vendors or advertisers, RDT may
"pre-populate" forms with your PII for your review, and, if
you so choose, for submission to such e-commerce partners, vendors or
advertisers. Accordingly, we encourage you to review each
pre-populated form carefully before agreeing to submit your PII to
determine who is seeking to collect your information, and to
familiarize yourself with the applicable privacy policy governing use
of any PII collected about you.
c.
Third Party Advertising -
The ads that may appeare on this Site are delivered to you by our web
advertising partner. Non-PII about your visits to this Site, such as
number of times you have viewed an ad, is used to serve ads to you.
In the course of serving advertisements to this Site, our third-party
advertiser may place or recognize a unique cookie on your browser.
d.
Third Party Links -
The Site may contain links to third-party Internet websites, which
are not owned or operated by RDT. We provide such links only as a
convenience, and the inclusion of a link on the Site does not imply
endorsement of the linked site by RDT. If you provide any PII through
any such third-party website, your transaction will occur on such
third party's website (not the Site) and the PII you provide will be
collected by, and controlled by the privacy policy of, that third
party. We are not responsible for the privacy practices or the
content of such third-party websites, including such websites' use of
any PII that you provide to them. We strongly encourage you to become
familiar with the privacy practices of th
Added 01/18/2011 by Janet M