Terms Of Use

Terms of Use as of March 5th, 2018.

Thank you for visiting rycooder.com.

PLEASE READ THESE TERMS OF USE (“TERMS“) CAREFULLY.  BY ACCESSING RYCOODER.COM, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms apply to your access to, and use of this website, www.rycooder.com (“rycooder.com,” or the “Site”).  RYCOODER.COM is owned by Trona Tours, Inc. {“Trona”) (Trona,” “we,” “us,” or “our”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with Trona Tours, Inc., or Ry Cooder or any of his owned or affiliated companies (collectively, the “RC Parties”) for products, services or otherwise.

1. Privacy Policy

Please refer to our Privacy Policy [insert hyperlink] for information on how we use and disclose information about our users.

2. Access to Our Site

You may access and use the Site solely for your personal use and only as allowed by these Terms. We may suspend or terminate your ability to access and use all or part of this Site at any time and for any reason (or no reason) without notifying you first. We are not responsible for any harm related to your inability to access or use the Site.

3. User Conduct

While accessing or using the Site you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort.  While accessing or using the Site you are solely responsible for your conduct and you will not:

  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;

  • Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site;

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;

  • Develop any third-party applications that interact with the Site without our prior written consent, including any scripts designed to scrape or extract data from the Site;

  • Bypass or ignore instructions contained in the robots.txt file, accessible at [insert URL], that controls automated access to portions of our services; or [Note: If the website does not have a robots.txt file we can delete this bullet.]

  • Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

4. Copyright and Trademark; Limited License; 

RYCOODER.COM and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, “Site Content”) are owned by or licensed to the RC Parties and are protected under both United States and foreign laws.  Except as explicitly stated in these Terms, the RC Parties and our licensors reserve all rights in and to the Site and Site Content.  You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site and Site Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Site or Site Content; (b) copy, reproduce, distribute, publicly perform or publicly display Site Content, except as expressly permitted by Trona Tours, Inc.; (c) modify the Site Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Site Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Site or Site Content other than for their intended purposes. Any use of the Site or Site Content other than as specifically authorized herein, without prior written permission from Trona Tours, Inc., is strictly prohibited and will terminate the license granted herein.

5. Linking and Framing; Limited Right

You are granted a limited, non-exclusive right to create a text hyperlink to any page on the rycooder.com website for noncommercial purposes. This limited right may be revoked at any time. In linking to any page on the Site, you will not portray Ry Cooder, the Site, or any Site Content in a false, misleading, derogatory or otherwise defamatory manner. You will not create a link to any page on the Site from a linking site that contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.   You may not use any proprietary graphic appearing on the Site to link to the Site without the express written permission of Trona Tours, Inc..  Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information owned by the RC Parties, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Trona Tours, Inc.’s express written consent.

6. Linked Third Party Content

In addition to third party websites that contain a text hyperlink to any page on rycooder.com (“Linking Third Party Sites”), the Site itself may contain hyperlinks to websites operated by third parties and content of third parties (collectively, “Linked Third Party Content”).  Linking Third Party Sites and Linked Third Party Content may not be under the control of RC Parties and RC Parties are not responsible for the quality, content, nature or reliability of  either Linking Third Party Sites or Linked Third Party Content.  The RC Parties make no claim or representation regarding the quality, content, nature or reliability of Linking Third Party Sites or Linked Third Party Content When you leave Rycooder.com, you should be aware that our Terms no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from rycooder.com.

7. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Trona, Ry Cooder and each of his owned or affiliated companies, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Indemnified Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (collectively, “Claims”), arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Site. You will promptly notify Trona Tours, Inc. at rycooder@mfmgt.com of any third party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  Indemnified Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any Indemnified Parties.

8. Disclaimer

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by RyCooder.com.

Your use of the site is at your sole risk. The site is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TRONA does not represent or warrant that the site content is accurate, complete, reliable, current, or error-free. While we attempt to make your access to and use of the site safe and error-free, we cannot and do not represent or warrant that the site or our servers are free of viruses or other harmful components. You assume the entire risk as to the performance of and the quality of your experience with the site. We do not represent or warrant that the site or any OF Its content will be delivered free of any interruptions, delays, or omissions (collectively, “Faults”) or that any Faults will be corrected.

9. Limitation of Liability

TRONA AND THE OTHER INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TRONA OR THE OTHER INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF TRONA AND THE OTHER INDEMNIFIED PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ACCESS TO OR USE OF RYCOODER.COM, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE RYCOODER.COM OR (II) $10.00.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF TRONA OR THE OTHER INDEMNIFIED PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10. Release

To the fullest extent permitted by applicable law, you release Trona and the other Indemnified Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

11. Applicable Law

These Terms and your use of the Site is governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to the Site or these Terms will be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

12. Changes to these Terms

We reserve the right to modify these Terms at any time and in our sole discretion.  If we make changes to these Terms, we will provide you with notice of such changes, such as by updating the “Last Updated” date at the top of these Terms.  By continuing to use the Site after such notice, you confirm your acceptance of the modified Terms.  If you do not agree to the modified Terms, you must stop using the Site.

13. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use rycooder.com. We are not responsible for any loss or harm related to your inability to access or use the Site.

14. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Miscellaneous

These Terms constitute the entire agreement between you and Trona Tours, Inc. relating to your access to and use of rycooder.com. The failure of Trona Tours, Inc. to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

16. Questions

If you have any questions or concerns regarding rycooder.com or this Agreement, please contact fan support at rycooder@mfmgt.com.