Terms of Service
1. Who May Use the Services
You may use the Services only if you agree to
form a binding contract with Gulf Coast Events LLC and are not a person barred
from receiving services under the laws of the applicable jurisdiction. In any
case, you must be at least 18 years old to use the Services. If you are
accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so and have the authority to bind such entity to these
Terms, in which case the words “you” and “your” as used in these Terms shall
refer to such entity.
2. Privacy
Our Privacy Policy (https://www.gulfcoastcardshow/privacy-policy/)
describes how we handle the information you provide to us when you use our
Services. You understand that through your use of the Services you consent to
the collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United States
and/or other countries for storage, processing and use by Gulf Coast Events LLC
and its affiliates.
3. Content on the Services
You
are responsible for your use of the Services and for any Content you provide,
including compliance with applicable laws, rules, and regulations. You should
only provide Content that you are comfortable sharing with others.
Any
use or reliance on any Content or materials posted via the Services or obtained
by you through the Services is at your own risk. We do not endorse, support,
represent or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications posted via the Services or endorse any
opinions expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases, postings that have been mislabeled
or are otherwise deceptive. All Content is the sole responsibility of the
person who originated such Content. We may not monitor or control the Content
posted via the Services and, we cannot take responsibility for such Content.
We
reserve the right to remove Content that violates the User Agreement, including
for example, copyright or trademark violations or other intellectual property
misappropriation, impersonation, unlawful conduct, or harassment. Information
regarding specific policies and the process for reporting or appealing violations
can be found in our Help Center.
If
you believe that your Content has been copied in a way that constitutes
copyright infringement, please report this by visiting our Copyright reporting
form or contacting our designated copyright agent at:
Gulf
Coast Events LLC
Attn: Copyright Agent
6450 Highway US-90, Suite H
Spanish Fort, AL 36527
Your Rights and Grant
of Rights in the Content
You
retain your rights to any Content you submit, post or display on or through the
Services. What’s yours is yours — you own your Content (and your incorporated
audio, photos and videos are considered part of the Content).
By
submitting, posting or displaying Content on or through the Services, you grant
us a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display and distribute such Content in any and all media or distribution
methods now known or later developed (for clarity, these rights include, for
example, curating, transforming, and translating). This license authorizes us
to make your Content available to the rest of the world and to let others do the
same. You agree that this license includes the right for Gulf Coast Events LLC
to provide, promote, and improve the Services and to make Content submitted to
or through the Services available to other companies, organizations or
individuals for the syndication, broadcast, distribution, post, tweet,
promotion or publication of such Content on other media and services, subject
to our terms and conditions for such Content use. Such additional uses by Gulf
Coast Events LLC, or other companies, organizations or individuals, is made
with no compensation paid to you with respect to the Content that you submit,
post, transmit or otherwise make available through the Services as the use of
the Services by you is hereby agreed as being sufficient compensation for the
Content and grant of rights herein.
Gulf
Coast Events LLC has an evolving set of rules for how ecosystem partners can
interact with your Content on the Services. These rules exist to enable an open
ecosystem with your rights in mind. You understand that we may modify or adapt
your Content as it is distributed, syndicated, published, or broadcast by us
and our partners and/or make changes to your Content in order to adapt the
Content to different media.
You represent and warrant that you have, or
have obtained, all rights, licenses, consents, permissions, power and/or
authority necessary to grant the rights granted herein for any Content that you
submit, post or display on or through the Services. You agree that such Content
will not contain material subject to copyright or other proprietary rights, unless
you have necessary permission or are otherwise legally entitled to post the
material and to grant Gulf Coast Events LLC the license described above.
4. Using the Services
Please
review the which are part of the User Agreement and outline what is
prohibited on the Services. You may use the Services only in compliance with
these Terms and all applicable laws, rules and regulations.
Our
Services evolve constantly. As such, the Services may change from time to time,
at our discretion. We may stop (permanently or temporarily) providing the
Services or any features within the Services to you or to users generally. We
also retain the right to create limits on use and storage at our sole
discretion at any time. We may also remove or refuse to distribute any Content
on the Services, limit distribution or visibility of any Content on the
service, suspend or terminate users, and reclaim usernames without liability to
you. Gulf Coast Events LLC may offer certain services or features for a
fee; by paying for or using one of these services, you agree to any additional
terms applicable to that service.
In
consideration for Gulf Coast Events LLC granting you access to and use of the
Services, you agree that Gulf Coast Events LLC and its third-party providers
and partners may place advertising on the Services or in connection with the
display of Content or information from the Services whether submitted by you or
others. You also agree not to misuse our Services, for example, by interfering
with them or accessing them using a method other than the interface and the
instructions that we provide. You may not do any of the following while
accessing or using the Services: (i) access, tamper with, or use non-public
areas of the Services, Gulf Coast Events LLC’s computer systems, or the
technical delivery systems of Gulf Coast Events LLC’s providers; (ii) probe,
scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures; (iii) access or search or
attempt to access or search the Services by any means (automated or otherwise)
other than through our currently available, published interfaces that are
provided by Gulf Coast Events LLC (and only pursuant to the applicable terms
and conditions), unless you have been specifically allowed to do so in a
separate agreement with Gulf Coast Events LLC (NOTE: crawling the Services is
permissible if done in accordance with the provisions of the robots.txt file,
however, scraping the Services without the prior consent of Gulf Coast Events
LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part
of the header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user,
host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the
Services. We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of Gulf Coast
Events LLC, its users and the public. Gulf Coast Events LLC does not disclose
personally-identifying information to third parties except in accordance with
our Privacy Policy.
If
you use advertising features of the Services, you must agree to our Gulf Coast Events LLC Master
Services Agreement.
Your Account
You
may need to create an account to use some of our Services. You are responsible
for safeguarding your account, so use a strong password and limit its use to
this account. We cannot and will not be liable for any loss or damage arising
from your failure to comply with the above.
You can control most communications from the
Services. We may need to provide you with certain communications, such as
service announcements and administrative messages. These communications are
considered part of the Services and your account, and you may not be able to
opt-out from receiving them. If you added your phone number to your account and
you later change or deactivate that phone number, you must update your account
information to help prevent us from communicating with anyone who acquires your
old number.
Your License to Use
the Services
Gulf
Coast Events LLC gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you as part of the
Services. This license has the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Gulf Coast Events LLC, in the manner
permitted by these Terms.
The Services are protected by copyright,
trademark, and other laws of both the United States and other countries.
Nothing in the Terms gives you a right to use the Gulf Coast Events LLC, Gulf
Coast Card Show name or any of the Gulf Coast Events LLC trademarks, logos,
domain names, other distinctive brand features, and other proprietary rights.
All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of Gulf Coast
Events LLC and its licensors. Any feedback, comments, or suggestions you may
provide regarding Gulf Coast Events LLC, or the Services is entirely voluntary
and we will be free to use such feedback, comments or suggestions as we see fit
and without any obligation to you.
Ending These Terms
We may suspend or terminate your account or
cease providing you with all or part of the Services at any time for any or no
reason, including, but not limited to, if we reasonably believe: (i) you have
violated these Terms or the Gulf Coast Events LLC Rules and Policies Gulf Coast
Events LLC, (ii) you create risk or possible legal exposure for us; (iii) your
account should be removed due to unlawful conduct, (iv) your account should be
removed due to prolonged inactivity; or (v) our provision of the Services to
you is no longer commercially viable. We will make reasonable efforts to notify
you by the email address associated with your account or the next time you
attempt to access your account, depending on the circumstances. In all such
cases, the Terms shall terminate, including, without limitation, your license
to use the Services, except that the following sections shall continue to
apply: 2, 3, 5, and 6. If you believe your account was terminated in error you
can file an appeal following the steps found in our Help Center.
For the avoidance of doubt, these Terms survive the deactivation or termination
of your account.
5. Disclaimers and Limitations of Liability
The Services are
Available “AS-IS”
Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Gulf Coast Events
LLC Entities” refers to Gulf Coast Card Show, its parents, affiliates, related
companies, officers, directors, employees, agents, representatives, partners,
and licensors. Without limiting the foregoing, to the maximum extent permitted
under applicable law, THE GULF COAST EVENTS LLC ENTITIES DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Gulf Coast Events
LLC Entities make no warranty or representation and disclaim all responsibility
and liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of the Services or any Content; (iii) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the Gulf Coast Events LLC
Entities or through the Services, will create any warranty or representation
not expressly made herein.
Limitation of
Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE GULF COAST EVENT LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF PRODUCT OR
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS
TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR
CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)
ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR
ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF THE GULF COAST EVENTS LLC ENTITIES EXCEED THE GREATER OF ONE
HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GULF COAST EVENTS
LLC, IF ANY, FOR THE SERVICES GIVING RISE TO THE CLAIM AT THIS GIVEN EVENT. THE
LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER
BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
AND WHETHER OR NOT THE GULF COAST EVENTS ENTITIES HAVE BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. General
We
may revise these Terms from time to time. The changes will not be retroactive,
and the most current version of the Terms, which will always be at gulfcoastcardshow.com/terms-of-service/, will govern our
relationship with you. We will try to notify you of material revisions, for
example via a service notification or an email to the email associated with
your account. By continuing to access or use the Services after those revisions
become effective, you agree to be bound by the revised Terms.
The
laws of the State of Alabama, excluding its choice of law provisions, will
govern these Terms and any dispute that arises between you and Gulf Coast
Events LLC. All disputes related to these Terms or the Services will be brought
solely in the federal or state courts located in Baldwin County, Alabama,
United States, and you consent to personal jurisdiction and waive any objection
as to inconvenient forum.
If
you are a federal, state, or local government entity in the United States using
the Services in your official capacity and legally unable to accept the
controlling law, jurisdiction or venue clauses above, then those clauses do not
apply to you. For such U.S. federal government entities, these Terms and any
action related thereto will be governed by the laws of the United States of
America (without reference to conflict of laws) and, in the absence of federal
law and to the extent permitted under federal law, the laws of the State of Alabama
(excluding choice of law).
In
the event that any provision of these Terms is held to be invalid or
unenforceable, then that provision will be limited or eliminated to the minimum
extent necessary, and the remaining provisions of these Terms will remain in
full force and effect. Gulf Coast Events LLC’s failure to enforce any right or
provision of these Terms will not be deemed a waiver of such right or
provision.
These
Terms are an agreement between you and Gulf Coast Events LLC, 6450 Highway
US-90, Suite H, Spanish Fort, AL 36527 U.S.A. If you have any questions about
these Terms, please contact us.
Effective: September
11, 2021