Terms of Service
Who we are
Hittin’ The Web Group, LLC (“Hittin’ The Web Group“) (“us,” “our,” “we”) operates AllmanBrothersBand.com (“site,” “website”) on behalf of The ABB Merchandising Co., Inc. Hittin’ The Web Group, LLC may be reached via the Contact form on this website or by mail at 11485 S NC Highway 119, Burlington, NC 27217.
Agreement between user and AllmanBrothersBand.com
Welcome to AllmanBrothersBand.com. The AllmanBrothersBand.com website (the “Site”) is comprised of various web pages operated by Hittin’ The Web Group (“Hittin’ The Web”). AllmanBrothersBand.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of AllmanBrothersBand.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
AllmanBrothersBand.com is a News, Event Calendar,
Forum and Online Discussion Site
We provide news and information about the Allman Brothers Band and other bands we think may be of interest to Allman Brothers Band fans. We provide a place on the web for fans to communicate with each other via our Forums, Guest Book, Private Messages, Comments, and other mechanisms.
Visiting AllmanBrothersBand.com or sending emails to Hittin’ The Web constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You must have a normal, permanent email account to register a user profile with us. Temporary email accounts such as mailinator and its aliases are not allowed.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hittin’ The Web is not responsible for third party access to your account that results from theft or misappropriation of your account. Hittin’ The Web and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Hittin’ The Web does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use AllmanBrothersBand.com only with permission of a parent or guardian.
Links to third party sites/Third party services
AllmanBrothersBand.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hittin’ The Web and Hittin’ The Web is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hittin’ The Web is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hittin’ The Web of the site or any association with its operators.
Certain services made available via AllmanBrothersBand.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the AllmanBrothersBand.com domain, you hereby acknowledge and consent that Hittin’ The Web may share such information and data with any third party with whom Hittin’ The Web has a contractual relationship to provide the requested product, service or functionality on behalf of
AllmanBrothersBand.com users and customers.
No unlawful or prohibited use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hittin’ The Web or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hittin’ The Web content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
The ALLMAN BROTHERS BAND name, The ALLMAN BROTHERS name, likenesses, logos, mushroom design and peach truck are all registered trademarks of THE ABB MERCHANDISING CO., INC. whose rights are specifically reserved. Any artwork, visual, or audio representations used on this web site CONTAINING ANY REGISTERED TRADEMARKS are under license from The ABB MERCHANDISING CO., INC. A REVOCABLE, GRATIS LICENSE IS GRANTED TO ALL REGISTERED PEACH CORP MEMBERS FOR The DOWNLOADING OF ONE COPY FOR PERSONAL USE ONLY. ANY DISTRIBUTION OR REPRODUCTION OF THE TRADEMARKS CONTAINED HEREIN ARE PROHIBITED AND ARE SPECIFICALLY RESERVED BY THE ABB MERCHANDISING CO.,INC.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Hittin’ The Web has no obligation to monitor the Communication Services. However, Hittin’ The Web reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hittin’ The Web reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hittin’ The Web reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hittin’ The Web’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hittin’ The Web does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hittin’ The Web specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hittin’ The Web spokespersons, and their views do not necessarily reflect those of Hittin’ The Web.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to AllmanBrothersBand.com or posted on any Hittin’ The
Web web page
Hittin’ The Web does not claim ownership of the materials you provide to AllmanBrothersBand.com (including feedback and suggestions) or post, upload, input, embed or submit to any Hittin’ The Web Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hittin’ The Web, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hittin’ The Web is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hittin’ The Web’s sole discretion.
By posting, uploading, inputting, providing, embedding or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If you have trademark or copyright concerns regarding anything appearing on this site, please send an email to our designated agent, email@example.com, containing the information specified on our Report Infringement page.
Hittin’ The Web reserves the right to take down user-posted material if it receives a notice of claimed infringement.
Third Party Accounts
You may be able to connect your Hittin’ The Web account to third party accounts. By connecting your Hittin’ The Web account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Hittin’ The Web from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hittin’ The Web Content accessed through AllmanBrothersBand.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Hittin’ The Web, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Hittin’ The Web reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hittin’ The Web in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HITITN’ THE WEB GROUP AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HITITN’ THE WEB GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
HITITN’ THE WEB GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HITITN’ THE WEB GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF HITITN’ THE WEB GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Hittin’ The Web reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hittin’ The Web as a result of this agreement or use of the Site. Hittin’ The Web’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hittin’ The Web’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hittin’ The Web with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hittin’ The Web with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hittin’ The Web with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hittin’ The Web reserves the right, in its sole discretion, to change the Terms under which AllmanBrothersBand.com is offered. The most current version of the Terms will supersede all previous versions. Hittin’ The Web encourages you to periodically review the Terms to stay informed of our updates.
Hittin’ The Web welcomes your questions or comments regarding the Terms:
Hittin’ The Web Group
11485 S NC Highway 119
Burlington, NC 27217