The following terms and conditions govern all use of the Drag PDX website and all content, services, and products available at, through, or in connection with the Drag PDX website (taken together, the "Website").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of our services. If these terms and conditions are considered an offer by Brouhaha, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old or the age of majority in their location.
Intellectual Property. This Agreement does not transfer any Brouhaha, LLC or third party intellectual property to you. "Drag PDX" and other trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of Brouhaha, LLC or Brouhaha, LLC’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Brouhaha, LLC or third-party trademarks.
License. Unless otherwise stated, Brouhaha, LLC and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view content from https://www.dragpdx.com/ for your own personal use subject to restrictions set forth in these terms and conditions.You must not:
Nature Of The Content. By accessing the Website, you are certifying that you are of the age of majority in your location and have full knowledge that the Website may contain sexually oriented material. You further certify that the viewing, reading, and downloading of adult, sexually oriented images, videos, sounds, text, and multimedia from websites does not violate the community standards of your street, town, city, county, state, province, or country.
Your Website Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You understand and agree that your account is for your sole personal use and it may be immediately deactivated, without refund, if it is used by anyone other than yourself. You must immediately notify Brouhaha, LLC of any unauthorized uses of your account or any other breaches of security. Brouhaha, LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You understand that attempting to violate or bypass any security and/or access feature of the Website may result in criminal prosecution.
Responsibility of Contributors. If you post material to the Website, post links on the Website, upload material to the Website, email material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Brouhaha, LLC for possible inclusion on the Website or by allowing Brouhaha, LLC access to Content for possible inclusion on the Website, you grant Brouhaha, LLC, its licensees, and its licensors, a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content.
Without limiting any of those representations or warranties, Brouhaha, LLC has the right (though not the obligation) to, in Brouhaha, LLC’s sole discretion, (i) refuse or remove any content that, in Brouhaha, LLC’s opinion, violates any Brouhaha, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. If you have purchased services, Brouhaha, LLC will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services may be or may become available on the Website. By selecting a premium service, you agree to pay Brouhaha, LLC the fees indicated for that service. Premium service fees are not refundable.
Responsibility of Website Visitors. Brouhaha, LLC has not reviewed, and cannot review, all of the user-generated material, if any, posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website, Brouhaha, LLC does not represent or imply that it endorses the material there posted or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brouhaha, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites to which the Website links and that link to the Website. Brouhaha, LLC does not have control over those websites outside of the Website and is not responsible for their contents or their use. By linking to a website outside the Website, Brouhaha, LLC does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Brouhaha, LLC disclaims any responsibility for any harm resulting from your use of websites outside the Website.
Iframes. Without prior approval and express written permission, you may not create frames around our Website or content. You further may not use other techniques that alter in any way the visual presentation or appearance of our Website.
Necessary Equipment. You agree to provide all equipment necessary to access the Internet and/or the Website at your own expense. You also agree that the Website may at any time implement features that are compatible only with certain browsers. Should such features be incompatible with your equipment, you agree to change to compatible equipment and release Brouhaha, LLC from any liability in connection with your failure to do so.
Copyright Infringement and DMCA Policy. As Brouhaha, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Brouhaha, LLC violates your copyright, you are encouraged to notify Brouhaha, LLC in accordance with the Drag PDX™ Digital Millennium Copyright Act (“DMCA”) Policy as shown at https://www.dragpdx.com/dmca.html . Brouhaha, LLC will respond to all such notices, including as required or appropriate by removing the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Brouhaha, LLC or others, Brouhaha, LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, if you have paid for any services, Brouhaha, LLC will have no obligation to provide a refund of any amounts previously paid to Brouhaha, LLC.
Changes. Brouhaha, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brouhaha, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Brouhaha, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration requirements, and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Brouhaha, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Brouhaha, LLC, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Brouhaha, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brouhaha, LLC under this agreement during the twelve (12) month period prior to the cause of action. Brouhaha, LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Brouhaha, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Brouhaha, LLC and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Brouhaha, LLC, or by the posting by Brouhaha, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Multnomah County, Oregon, in the English language, and the arbitral decision may be enforced in any court. Any proceeding to resolve or litigate any dispute with Brouhaha, LLC in any forum will be conducted solely on an individual basis. Neither you nor Brouhaha, LLC will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity or in any consolidated claims involving another person's account if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. Brouhaha, LLC shall be entitled to costs and attorneys’ fees if it is the prevailing party in any action. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Should Brouhaha, LLC be held liable for any reason, you agree that such liability shall not exceed any sums you have paid to Brouhaha, LLC, regardless of the reasons for such liability. Brouhaha, LLC may monitor, record, and use in any way any communication made between you and the company. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Brouhaha, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
DATE LAST MODIFIED: November 15, 2019