Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at GillCave.com (the “Site”). The Site is the property of Gill Cave Group LLC (“Gill Cave Group LLC”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Gill Cave Group LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Gill Cave Group LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The content of the Site, such as text, graphics, images, information, and other material contained on the Site (“Content”) are for informational purposes only.

Content

Gill Cave Group LLC claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by our members, and the copyright to all such Content shall remain with its original owner. By posting Content via Gill Cave Group LLC, our members warrant and represent that they own the Content posted by them or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party.

Gill Cave Group LLC does not prescreen nor endorse any Content produced by its members and made available through the Site. The Content provided by members on or through the Site may contain inaccurate, inappropriate, incomplete, untruthful or offensive material and/or products or services for which Gill Cave Group LLC assumes no responsibility or liability. You acknowledge and bear all risk associated with the use of any Content made accessible through the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

Except as expressly provided, no service conferred by Gill Cave Group LLC or use of the Site shall be construed as conferring any license under any of Gill Cave Group LLC’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of Gill Cave Group LLC and its affiliates, licensors (including, without limitation, members, artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Gill Cave Group LLC in connection with the Site.

You are not granted a license or any other right to store any of the information from the Site (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

Any use of the Site other than as specifically authorized herein, without the prior written permission of Gill Cave Group LLC, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Gill Cave Group LLC’s and/or the applicable user’s, as required herein, express prior written consent.

Intellectual Property Infringement Claims

It is our policy to respond expeditiously to claims of intellectual property infringement. Gill Cave Group LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with federal copyright, trademark and/or patent law, Gill Cave Group LLC will promptly remove or disable access to the material, link and/or activity claimed to be infringing and/or suspend or terminate the alleged infringer. Gill Cave Group LLC will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to support@gillcave.com.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Gill Cave Group LLC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Gill Cave Group LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Gill Cave Group LLC, including any Site account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Gill Cave Group LLC’s systems or networks, or any systems or networks connected to the Site or to Gill Cave Group LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Gill Cave Group LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gill Cave Group LLC or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Gill Cave Group LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Gill Cave Group LLC or any other user of or visitor to the Site due to someone else using your Site ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. Gill Cave Group LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Gill Cave Group LLC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. You may view Gill Cave Group LLC’s Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and to the Gill Cave Group LLC Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Gill Cave Group LLC’s control, and Gill Cave Group LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Gill Cave Group LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Gill Cave Group LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Gill Cave Group LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gill Cave Group LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Gill Cave Group LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Gill Cave Group LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Gill Cave Group LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Gill Cave Group LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Gill Cave Group LLC has been advised of the possibility of such damages.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Gill Cave Group LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Gill Cave Group LLC by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Gill Cave Group LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Gill Cave Group LLC’s rights or property, or the rights or property of visitors to or members of the Site, including Gill Cave Group LLC’s customers.   Gill Cave Group LLC reserves the right at all times to disclose any information that Gill Cave Group LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Gill Cave Group LLC also may disclose your information when Gill Cave Group LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Gill Cave Group LLC may preserve any transmittal or communication by you with Gill Cave Group LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Gill Cave Group LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Gill Cave Group LLC, its employees, members of or visitors to the Site, and the public.

You agree that Gill Cave Group LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gill Cave Group LLC, for which monetary damages would be inadequate, and you consent to Gill Cave Group LLC obtaining any injunctive or equitable relief that Gill Cave Group LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Gill Cave Group LLC may have at law or in equity.

You agree that Gill Cave Group LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Gill Cave Group LLC does take any legal action against you as a result of your violation of these Terms of Use, Gill Cave Group LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gill Cave Group LLC. You agree that Gill Cave Group LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Gill Cave Group LLC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Gill Cave Group LLC administers and operates the Site from its location in Austin, Texas USA; other Gill Cave Group LLC sites may be administered and operated from various locations in or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Gill Cave Group LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Gill Cave Group LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Gill Cave Group LLC with respect to such use are hereby superseded and cancelled. Gill Cave Group LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Gill Cave Group LLC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Gill Cave Group LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Gill Cave Group LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at the Site shall be deemed to be non-confidential. Gill Cave Group LLC shall be free to use such information on an unrestricted basis.