Index
Subject
: LUG: win 7 launch party RSVP EULA
From
: Alexander Ray <alexjray.ncsu@gmail.[redacted]>
Date
: Fri, 09 Oct 2009 00:26:54 -0400
Hey guys, here's something interesting:
Ricket is having an awesome Windows 7 Launch party. you should come
out, it'll be sweet.
But the reservation is through an online system, and to RSVP I have to
agree to the "Terms of Service" [0] and a "Release, Waiver of
Liability and Indemnity Agreement" [1]
Additionally, Ricket said he doesn't have any free licenses to give
The microsoft-stock invitation says we can get free licenses.
Ricket, this is my request (formal and public) for a key and an ISO. Thanks
~Alex Ray
[0]
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LIMITATION OF LIABILITY
HOUSE PARTY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY
USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS
REGARDING USER GENERATED CONTENT IN THESE TERMS OF SERVICE, WE DO NOT
CONTROL AND ARE NOT RESPONSIBLE FOR WHAT REGISTERED USERS POST ON OR
THROUGH OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE,
INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE
OBJECTIONABLE OR ILLEGAL USER CONTENT YOU MAY ENCOUNTER ON THIS
WEBSITE OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. WE ARE NOT
RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY
REGISTERED USER, INCLUDING HOSTS AND PARTYGOERS.
UNDER NO CIRCUMSTANCES, SHALL HOUSE PARTY, OR ANY OF ITS
SPONSORS, VENDORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
(COLLECTIVELY, THE �RELEASED PARTIES�), BE LIABLE TO YOU OR ANY THIRD
PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THIS WEBSITE, ITS CONTENT (INCLUDING USER GENERATED
CONTENT), HOUSE PARTY EVENTS, OR THE CONDUCT OF ANY PARTY HOST, GUEST
OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES, SHALL HOUSE PARTY, ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, HAVE ANY LIABILITY TO YOU
ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OF OUR
SPONSORS NOR THEIR ACTIONS OR FAILURE TO ACT.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE
CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF HOUSE PARTY OR ANOTHER RELEASED PARTY HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES,
AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY
OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN
LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). [
Some jurisdictions do not allow the exclusion liability for
certain types of losses or damages. Accordingly, some of the foregoing
limitations of liability may not apply to you. Nothing in these Terms
of Service will limit or exclude liability for losses or damages which
may not be lawfully excluded or limited by applicable law.
Indemnification
You agree to defend, indemnify and hold House Party and its
directors, officers, employees and agents harmless from and against
any claims, demands, losses, liabilities, damages, costs or expenses
(including reasonable attorneys� fees and costs of suit) to the extent
arising out of or in connection with your use of this Website or its
Content in violation of these Terms of Service or your breach of these
Terms of Service or any warranty or representation set forth herein.
Dealings With Third Parties
Your business dealings with any third party (including orders
you may place through the store on this Website and your dealings with
Sponsors) and any terms, conditions, representations or warranties
associated with such dealings, are solely between you and such third
party. You agree that House Party shall not be responsible or liable
for any loss, damage, or other matters of any sort incurred as the
result of such dealings.
Commercial Use
You acknowledge and agree that this Website is for the personal
use of Registered Users and other visitors only and may not be used by
you directly or indirectly in connection with any commercial
endeavors.
Modification and Discontinuation
We reserve the right at any time, with no liability to you or
any third party claiming through you, to modify, edit, delete, suspend
or discontinue, temporarily or permanently this Website (or any
portion thereof), or any House Party event or promotion featured on
this Website, with or without notice.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created between you
and House Party by these Terms of Service.
Notices
You agree that House Party may provide notices to you regarding
changes to these Terms of Service, your User Generated Content, or
other matters related to this Website, any House Party events, or the
business of House Party, by email, regular mail, or posting on this
Website.
Governing Law; Venue.
You acknowledge and agree that these Terms of Service shall be
governed by and construed in accordance with the internal laws of the
State of New York, excluding conflict of laws provisions thereof that
would indicate the application of the laws of any other jurisdiction
and you hereby submit to exclusive jurisdiction in the federal and
state courts of New York. You agree to receive service of process
through certified mail or by other means sanctioned by law, and you
expressly waive any claim of improper venue and any claim that such
courts are an inconvenient forum. If the courts of the country in
which you reside should determine that the provisions of this
paragraph are not enforceable, then you agree to submit to binding
arbitration.
General.
As used in these Terms of Service, the term �including� means
�including, but not limited to.� If any provision of these Terms of
Service is held to be invalid or unenforceable, such invalidity will
not affect the validity of the remaining portions, and the parties
will substitute for the invalid provision a provision which most
closely approximates the intent and economic effect of the invalid
provision. You agree that these Terms of Service (and any license
granted hereunder) may be assigned by House Party, in its sole
discretion, to a third party without notice to you. Section headings
are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. These Terms of
Service (including our Privacy Policy, which is incorporated herein,
and any click-through agreements, such as the Release, to which you
may have agreed) set forth the entire understanding and agreement
between us with respect to the subject matter hereof. The provisions
of these Terms of Service will survive termination or expiration to
the extent necessary to carry out the intentions of the parties.
Without limiting the generality of the foregoing, all disclaimers of
warranties and limitations on liability will survive the termination
or expiration of these Terms of Service.
Use of This Website Outside the United States
Access to, or use of, this Website may be prohibited by law in
certain countries or jurisdictions. You are responsible for
compliance with any applicable laws of the country from which you are
accessing this Website.
Contact Us
If you have any questions or concerns regarding this Website,
please contact us by e-mail at help@houseparty.[redacted] or write to us at
House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.
[1]
Release, Waiver of Liability and Indemnity Agreement
In consideration of House Party, Inc. (�HPI) allowing me to host
and/or attend a House Party Event on or about Thursday, October 22nd,
2009 related to Microsoft (�Company�), including, without limitation,
participating in �House Party Event� activities, such as product
demonstrations and sampling, and educational and informational
activities (collectively, the �Activities�), I hereby agree as
follows:
I am fourteen (14) years of age or older. I agree that as
consideration for being permitted to participate in any of the
Activities, I, on behalf of myself (and, if applicable, my children
and minors for whom I am a legal guardian), hereby grant HPI and its
designees (including, without limitation, Company and its designees)
and their respective affiliates, licensees, permitees, successors and
assigns, and each of them, an unrestricted, absolute, universal,
perpetual, irrevocable, non-royalty bearing, and transferable right
and license (but not any obligation) to use, copy, transmit,
distribute, display, modify, perform, present, publish, transform,
create works and derivative works, and otherwise promote or utilize my
name, image, likeness, voice, words and/or other personal attribute(s)
or other personal information (and, if applicable, those of my
children and minors for whom I am a legal guardian) (collectively,
�Personal Attributes�), captured, photographed or otherwise recorded
or memorialized in any manner by myself or any other person in
connection with any of the Activities, in any medium or format whether
now or hereafter existing (including, without limitation, print,
direct mail, online, mobile or wireless communications, radio or
television broadcast, telecast or photograph), for any purpose
whatsoever (including, without limitation, in connection with the
creation, advertising, sale and/or promotion of any products and/or
services), and without any consideration or notice to or consent by me
or any third party. I, on behalf of myself (and, if applicable, my
children and minors for whom I am a legal guardian), hereby forever
and irrevocably waive any rights any of us may have in or to any of
the foregoing, and I understand and agree that HPI and its designees
(including, without limitation, Company and its designees) are the
exclusive owners (to the extent the materials are created by or at the
direction of each such party) of any and all right, title and
interest, including copyright, in and to any materials of any kind or
nature containing or developed from use of our respective Personal
Attributes. Without limiting the foregoing, I understand and agree
that such materials may be used in whole or in part, individually or
in conjunction with other photographs or images, and neither I, my
children nor minors for whom I am a legal guardian, as applicable,
shall have any right of approval or notice, any claim to any
compensation, or any claim arising out of the use, alteration,
distortion or illusionary effect or use in any composite form of any
of our respective Personal Attributes.
I understand that the information I have given to HPI online
(including, without limitation, in connection with the guest
registration process) may be used to provide me with additional
information about Company. I also agree that House Party may use and
share my personal information as described in the House Party Privacy
policy located at http://houseparty.com/privacy.
I, on behalf of myself (and, if applicable, my children and minors for
whom I am a legal guardian), and anyone who obtains any rights from or
through any of us, hereby forever and irrevocably release and
discharge HPI and Company; their respective parents, subsidiaries,
affiliates, partners, members, managers, agents, licensees, designees,
insurers, personal and legal representatives, successors and assigns;
House Party Event hosts; other participants in the Activities; and any
director, officer, employee or agent of any of the foregoing (each
considered one of the �Releasees� herein) from any and all liability,
claims, demands, losses, damages, costs or expenses (including,
without limitation, attorneys� fees and costs) (collectively,
�Losses�) arising out of or in any way related to the hosting of, or
participation in or attendance at the Activities, by myself (and if
applicable, my children or minors for whom I am a legal guardian),
including, but not limited to, Losses (including, without limitation,
Losses from BODILY INJURY, ILLNESS OR DEATH) caused or alleged to be
CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any
Releasee or otherwise, including negligent rescue operations, (ii) any
claim, action, suit or demand brought by any third party against any
Releasee by reason of or in connection with the participation in or
attendance at the Activities by myself (and, if applicable, my
children or minors for whom I am a legal guardian), or (iii) invasion
of privacy, right of publicity, defamation, libel, slander, copyright
infringement, trademark infringement, or any other causes of action
arising out of the use of the Personal Attributes of myself (and if
applicable, my children or minors for whom I am a legal guardian). I
further covenant not to sue any Releasee or cause any Releasee to be
sued regarding any matter released above. I represent that I
understand the nature of the Activities, and I ASSUME ALL RISKS
associated with the participation in or attendance at the Activities,
by myself (and, if applicable, my children and minors for whom I am a
legal guardian).
I have read this Release, Waiver of Liability and Indemnity Agreement
(this �Release�), understand that I have given up substantial rights
by signing it and have signed it freely and without any inducement or
assurance of any nature and intend it be a complete and unconditional
release of all liability to the greatest extent allowed by law. I, on
behalf of myself (and, if applicable, my children and minors for whom
I am a legal guardian) hereby forever and irrevocably waive any and
all rights to seek or obtain any injunctive or other equitable relief
with respect to any matter within the scope of this Release, or to
rescind, limit or disaffirm this Release. I further agree to indemnify
and hold harmless each Releasee from and against any Loss regarding
any matter within the scope of this Release. If any provision of this
Release is unenforceable, it shall be modified to the extent
reasonably necessary to make the provision legal, valid and binding,
and the remainder of this Release shall remain enforceable to the full
extent allowed by law. No statements regarding the effect of this
Release, not contained in this Release, shall modify the terms of the
Release. In any proceeding or other attempt to enforce, construe or to
determine the validity of this Release, the nonprevailing party will
pay the reasonable expenses of the prevailing party, including,
without limitation, reasonable attorneys� fees and costs. This Release
shall be binding upon myself, my children and minors for whom I am a
legal guardian, and our respective successors, assignees, subrogors,
heirs, next of kin, legal and personal representatives, and anyone who
obtains any rights from or through any of us.