The Cabin 404 website allows members to create a personal account and set up their profile in order to communicate with others on the online community. The website is operated by Cabin 404, based in LaGrange, Kentucky USA.
This Agreement details the legally binding terms for use of the Website and your membership with Cabin 404. Cabin 404 may modify this Agreement from time to time and you agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted to the Cabin 404 website. It is the responsibility of the Member to keep abreast of changes in this Agreement.
Cabin 404 reserves the right, in its sole discretion, to reject, or remove any posting by any Member, or to restrict, suspend, or terminate a Member’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
Members must be 13 years of age or older and that they are eligible to enter into this Agreement. Members may only hold one account at a time. Members take full responsibility for the content they publish on Cabin 404. Members warrant that use of Cabin 404 complies with all local laws and statutes.
This Agreement shall remain in full force and effect while you use Cabin 404. You may terminate your membership at any time, for any reason. Cabin 404 may terminate your membership at any time, for any reason.
Non-Commercial Use by Members
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Cabin 404. Appropriate legal action will be taken by Cabin 404 for any illegal or unauthorized use of the Website.
Proprietary Rights of Content on Cabin 404
Cabin 404 owns and retains all proprietary rights in the Website. Except for that information which is in the public domain or for which you have been given written permission (either by letter or electronic mail), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted using the Website
Cabin 404 may review and delete any content, messages, forum posts, blogs, videos, photos or profiles (collectively, “Content”) that in the sole judgment of Cabin 404 that violates this Agreement or the general spirit of Cabin 404.
You are solely responsible for the Content that you publish on the Website or any material you send to other Members.
By posting, publishing or otherwise providing Content to the Cabin 404 Website, you automatically grant to Cabin 404, as well as represent and warrant that you have the right to grant to Cabin 404, an irrevocable, perpetual, non-exclusive, free of charge, worldwide, fully transferable license to use, copy, perform, display, create derivative works of, distribute and otherwise exploit such Content without liability or payment to you.
By using the Website you agree not to transmit content that:
– promotes racism, hatred or physical harm of any kind against any group or individual;
– harasses or defames another person;
– contains or promotes “junk mail” or “spam”;
– involves commercial activities and/or sales without Cabin 404’s prior written consent such as giveaways or pyramid schemes;
– contains or provides information about an illegal or unauthorized copy of copyrighted work;
– displays pornographic material of any kind; and
– provides material that exploits people under the age of 18 in a sexual or violent manner; or provides instructional information about illegal activities.
Even though all of this is strictly prohibited, Cabin 404 does not guarantee the removal of these items and Members may be exposed to such items. You further waive your right to any damages (from any party, including Cabin 404) related to such exposure.
Cabin 404 takes claims of copyright infringement seriously. Cabin 404 will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to Cabin 404, 2249 Commerce Parkway, LaGrange, KY 40031.
You are solely responsible for your interactions with other Cabin 404’s Members.
Cabin 404 is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized by the Website.
Cabin 404 is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
Cabin 404 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication.
Cabin 404 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.
Under no circumstances shall Cabin 404 be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
The Website is provided “AS-IS” and Cabin 404 expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Cabin 404 cannot guarantee and does not promise any specific results from use of the Website. Cabin 404 does not guarantee the availability of the Website.
No advice or information, whether oral or written, obtained by user from Cabin 404 or through or from the service shall create any warranty not expressly stated herein.
Limitation on Liability
In no event shall Cabin 404 be liable to you or any third party for any indirect, incidental or punitive damages, including lost profit damages arising from your use of the Website, even if Cabin 404 has been advised of the possibility of such damages. Cabin 404’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to an amount paid, if any, by you to Cabin 404 during the term of membership.
If there is any dispute about or involving the Website, you agree that any dispute shall be governed by the laws of the State of Kentucky without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Kentucky.
You agree to indemnify and hold harmless Cabin 404, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Cabin 404 regarding the use of the Website.
You may not assign this Agreement or any of your rights or obligations under this Agreement, without the express prior written consent of Cabin 404.
Cabin 404 may assign this Agreement, and its rights or obligations under this Agreement, with or without notice to you.
The failure of Cabin 404 to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
Corporate Address: Cabin 404
2249 Commerce Parkway
LaGrange, KY 40031