1. Who We Are.
"Bear Underground" is the name of the website with the URL: www.bearunderground.net owned and operated by Underground Development, LLC.
The purpose of our site is to enable individuals over the age of 18 to easily upload images, facilitate communication between users and showcase events in the community. Our site gives users the ability to create personalized profiles that contain their information and photos. Our site is built to allow members to create new contacts and find people with similar interests and activities.
5. Acceptance of Agreement by You.
6. Limitations On Use.
(a) You do not have to become a Member of the Site in order to utilize the Site. As a Member, however, you will have access to various services to which non-Members do not have access, some of which will enable you and other Members to interact with each other. If any information provided by you on the registration materials is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.
(b) The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Your right to use the Site is subject to our limitations, conditions, and or restrictions.
We reserve the right to charge Members a fee for service on our Site. In addition, we reserve the right to modify or change our fees for service. Some areas of the Site require membership in order to participate, thus if you have not become a Member, you will be denied access to those areas or services.
8. Proprietary Rights.
You further acknowledge that we own the copyrights in the web design and look of the Site and in our website and agree that you will not copy or modify the underlying code.
9. Copyrights, Trademarks and Material.
(a) Copyrights. You represent and warrant to us that you have not and will not publish any material on the Site that infringes the copyrights of any person. You will further not permit anything to be published on this Site with your password. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights and moral rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 6, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
(b) Trademarks. "Bear Underground" is either a trademark or registered trademark of ours. Other product and company names mentioned on the Site may be trademarks of their respective owners.
(c) Material. You may post or submit material (“Material”) for viewing by others or view Materials of other users. By submitting Material or viewing Materials of others, you (a) automatically grant us a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the submitted Material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, (b) permit any other user of the Site to access, view, store, or reproduce the Material for that user's personal use, and (c) represent and warrant that public posting and use of your Material by us will not infringe or violate the rights of any third party.
10. Privacy, Age and Publicity Rights.
You represent and warrant to us that none of your Material will violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password. You represent and warrant to us that your age is exactly as you have represented to us and that we have been induced into granting you membership or access based on such representation.
11. Termination or Removal Without Cause.
We may terminate or suspend your use of our website and/or remove, temporarily or permanently, any material you publish at any time without cause without any liability to you. We may move, delete or edit any and all Material on the Site, that we in our sole discretion deem to violate this and any other Agreement or be otherwise unacceptable to us.
12. Termination or Removal With Cause.
You agree to the following:
(a) You will not reprint, republish or distribute in any way any information or Materials found on our Site.
(b) You will not use any of the information on our Site for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.
(c) You will not provide to us or post on our website any information that is not correct.
(d) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website.
(e) You will not post any Material on our site in violation of any other party's rights, including, but not limited to, copyrights or privacy and publicity rights.
(f) You will not post any Material on our site that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racist, bigoted or otherwise objectionable.
(g) You will not post any Material on our site that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships.
(h) You will not post any Material on our site advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, except where specifically permitted.
(i) You will not post any Material on our site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through or on the Site;
(k) You will not disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type (e.g., "flooding" chat), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(l) You will not interfere with or disrupt our servers, networking and computing equipment or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
(m) You will not try to gain access to areas that are private to us or other Site users, whether Members or not.
(n) You will not violate any applicable local, state, national or international law or regulation; stalk or otherwise harass another or harm minors in any way, including, without limitation, to establish unlawful contact with minors.
(o) We do the best to police our site for violations of this Agreement, however, should you see or experience any violations, please report such violations to us.
(p) Under no circumstances shall there be any Material allowed on this site that would represent an image or likeness of any person under the age of 18. We do not tolerate and will cooperate fully with authorities should anyone be engaged in child pornography.
(q) All members are only allowed to have one profile.
14. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SITE IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE AND THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY.
15. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF WE OR AN APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Responsibility for Use of Password.
You are responsible for all use of your passwords.
You acknowledge that we have not reviewed the content of all sites linked to or from our Site and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this website. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.
19. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us. If you believe that any user of this website has posted materials in violation of any other rights that you may have, you may notify us.
You may not assign any of your rights hereunder.
21. Jurisdiction and Law.
This Agreement will be governed by the laws of the State of Colorado. Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Denver County, Colorado and agrees that that party is subject to jurisdiction of such courts in such locality.
22. Force Majeure.
We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
No amendment or other change of this Agreement shall be effective unless and until set forth in writing and posted in accordance with this Agreement.
27. Entire Agreement.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.