The following are the rules (”Terms”) that govern use of the “ontheinside.info” Web site (”Site”), which is provided by Sherpa City Guide, Inc., and/or its affiliates (”Sherpa”). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Sherpa reserves the right to change these Terms at any time, effective immediately upon posting on the Site. This Site and any communications service, including the capability to contribute material through a chat room, message board, newsgroup, or other interactive service that may be available to you on or through this Site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form or other registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Sherpa reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms.
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
If you register with Sherpa, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. You represent that your profile will describe you, and you will not impersonate any other person, real or fictional, or use any alias, or falsely state or otherwise misrepresent your affiliation with any person or entity. You agree not to use Sherpa to collect personally identifiable information about users. If you violate these Terms, Sherpa may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Sherpa believes is appropriate. Sherpa may refuse service to any user at any time for any or no reason, with or without prior notice.
The Site may contain reviews and opinions of celebrities and other people, including Sherpa registered members (”Reviews”). Sherpa reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language;
References to illegal activity;
Content that contains personal attacks;
Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
Content other than text, such as photos, sound, or other images;
Content determined by Sherpa to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
Content that is not in English; that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
Content that violates the standards of good taste or the standards of this Web site, as determined by Sherpa in its sole discretion.
Reviews do not reflect the views of Sherpa or affiliated companies; or its employees, officers, directors, or shareholders.
Sherpa does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
You acknowledge and agree that Sherpa may preserve information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any user contribution, (collectively, “Content”) and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sherpa, its users or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Sherpa assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to ontheinside.info.
Any or all Content on the Site may be purged periodically in Sherpa’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Sherpa or submitted to Sherpa.
Reviews that are submitted to Sherpa shall be owned exclusively and in perpetuity by Sherpa. Such exclusive ownership means that Sherpa and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. Sherpa is under no obligation to give credit or pay any consideration to you for your Reviews.
The Site may reference or link to third-party sites throughout the World Wide Web. Sherpa has no control over these sites or the content within them. Sherpa cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Sherpa does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Sherpa for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Sherpa at contact@OnTheInside.info, and Sherpa will investigate your claim and take any actions Sherpa deems appropriate at our sole discretion.
Although Sherpa cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
In order to provide you with the Sherpa Services, Sherpa may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Sherpa Services.
You must be eighteen or over to register as a member of Sherpa or use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
SHERPA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER POSTED BY USERS OF THE SITE, REGISTERED MEMBERS, OR ANY OTHER PARTY. SHERPA DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SHERPA CAN NOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SHERPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Sherpa disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Sherpa users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Sherpa is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Sherpa at firstname.lastname@example.org. Sherpa may investigate the claim and take appropriate action, at its sole discretion.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SHERPA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SHERPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts located in the Southern District of the State of New York.
You agree to indemnify and hold Sherpa, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. Sherpa may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Last updated: July 24, 2006.