Big Sturgig Gig

BUFFALO CHIP CAMPGROUND, LLC. LEGAL NOTICES

Please read these terms carefully before using this site.

Welcome to the Big Sturgis Gig web site (“Site”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

Modification to the Terms of Use. The Buffalo Chip Campground, LLC. (“Presenter”) reserves the right to change the terms, conditions, and notices on the Site at any time for any reason, with or without notice. Any such modifications and changes shall be effective immediately upon posting. By using the Site, you agree to the terms, conditions, and notices in effect.

Ownership of Content. All content (e.g., textual, graphical, logos and otherwise) appearing on the Site, unless otherwise noted, is the property of Buffalo Chip Campground, LLC., 20622 131st Ave., Sturgis, SD 57785, U.S.A. All Rights Reserved.

Links to Third Party Sites. The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not be under the control of the Presenter and the Presenter is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Presenter is not responsible for webcasting or any other form of transmission received from any Linked Site. The Presenter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Presenter of the Linked Site, its product(s) or service(s).

No Unlawful or Prohibited Use. As a condition of your use of the Site, you warrant to the Presenter that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

Materials Provided to the Presenter. The Presenter does not claim ownership of the materials you provide to the Big Sturgis Gig (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Presenter, its sponsors, affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Presenter is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Presenter's sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary to provide, post, upload, input or submit the Submissions.

Private, Non-Commercial Use of Content. You may view, copy, print and use the content contained on this site solely for your own personal use provided that: the content is used for non-commercial purposes only; the content is not modified in any way; you keep intact the Presenter’s notices and no graphics available from the Site are used, copied or distributed separately from accompanying text.

No License. Your use of the Site does not include any express or implied license or other right to use any patent, copyright, trademark, trade secret or any other type of intellectual property located herein.

Non-Confidentiality of Submitted Information. You should not transmit any information through the site that you consider confidential or proprietary. Any information that you do transmit through the site will be considered non-confidential and non-proprietary and the Presenter shall have no obligation of any kind with respect to such information and shall have the unrestricted right to reproduce, incorporate, disclose, distribute and otherwise use such information without limitation and for any purpose.

Privacy. The Presenter reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Presenter's sole discretion.

Access to the site is monitored. The requesting URLs, the computer originating the request, and the time of the request are logged for access statistics and security purposes. Use of the site constitutes consent to such monitoring. We may collect and use personal information you provide us to market products and services we think would be of interest to you, or to communicate with you for other purposes. If you do not wish to receive communications of this nature from us please, let us know the context you provided your personal information and we will make a reasonable effort to correct the database in a way that you will not receive communications from us.

Information about your computer hardware and software is automatically collected by the Presenter. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by the Sturgis Buffalo Chip for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Cookies. When you use the site we may store information (commonly referred to as a "Cookie") on your computer. Cookies allow the Presenter to recognize you when you use the Site on subsequent visits. You can erase or block the storage of Cookies from your computer if you wish. See your computer user manual for information on blocking Cookies.

Site Availability. The site may be unavailable from time to time due to: routine or emergency maintenance; electronic, hardware, mechanical, software, telecommunication, or third-party vendor failure; or for other reasons either within or beyond the Presenter’s control. The Presenter shall not be held responsible for any such Site unavailability.

Liability. The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Presenter and/or the site’s developers may make improvements and/or changes in the site at any time.

The Presenter and/or the site’s developers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Presenter and/or the site developers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Presenter and/or the site’s developers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the presenter or the site developers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction. The Presenter reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

General. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Dakota, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Meade County, South Dakota, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Presenter as a result of this agreement or use of the Site. The Presenter’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Presenter’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Presenter with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Presenter with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Presenter with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademarks. All contents of the Site are: © 2014 Copyright Buffalo Chip Campground, LLC. All rights reserved. The compilation (meaning the collection, arrangement, and assembly) of all content (e.g., textual, graphical and otherwise) appearing on this Site, along with the software used on the site, is protected by the laws of the United States of America, including its Copyright Laws. Neither the content nor the software may be used by you without the express written consent of the Presenter. The trademarks, logos, and service marks displayed on the site are either owned by the Presenter or used with the permission of a third party. They are protected by the laws of the United States of America including its Trademark Laws as well as by law trademark laws of foreign countries. No trademark, logo or service mark depicted on the Site may be used by you without the express written consent of the Presenter.

Hyperlinks. The site contains links to third party sites for the convenience of Internet users. When you link to another site, be advised that you are no longer on our site and that you become subject to the terms and conditions and the privacy policy of the new site. The Presenter has no control over the content of any third party web site and is not responsible for the availability or content of any third party site. The Presenter does not, unless specifically stated otherwise, endorse, warrant or guarantee the products, services or information posted or offered on any third party site.

Site Security. Any attempts by you to breach the security of the site may result in civil and criminal penalties. Violations of the security of the site include: attempting to scan or test the vulnerability of any system or subsystem; hacking; and/or transmitting viruses, Trojan horses, worms, time bombs, cancelbots, spam or bulk e-mail and/or other computer programming with the intent to damage, destroy or disrupt the functionality of this site.

We reserve the right to suspend or terminate your access to the Site upon a violation, or attempted violation of these notices, terms and conditions. If you become dissatisfied with this site or with any notices, terms conditions, policies or practices of the Presenter in operating the site, your sole remedy is to discontinue using this site.

Compliance with Laws. The Parties agree to comply with all applicable international, federal, state, local or other laws, statutes, ordinances and regulations as they affect their respective obligations hereunder.

Dispute Resolution and Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Conflicts of law rules, which would apply the law of a different jurisdiction, are waived and inapplicable. Any legal action, suit, or proceeding with respect to this Agreement shall be brought exclusively in circuit court in Rapid City, South Dakota, and both you and Sturgis Buffalo Chip hereby consent to the jurisdiction of said court for all matters that arise under this Agreement.

Equitable Relief. User agrees and acknowledges that the notices, terms, conditions, obligations and restrictions in this Agreement are reasonable and designed to protect the legitimate business interests of the Presenter and that they are not vague, overbroad, or indefinite. User, therefore, agrees that if any notice, term, condition, obligation or restriction is breached, including but not limited to any notice, term, condition, obligation or restriction relating to the Presenter’s intellectual property, that the damages to the Presenter may be difficult or impossible to ascertain. Accordingly, and in addition to any other remedies which the Presenter may have under law for breach, the Presenter shall be entitled to injunctive or other equitable relief.

Severability. If any provision of these Terms and Conditions is held invalid or inoperative, the other provisions of the Terms and Conditions shall be deemed valid and operative and, so far as is reasonable and possible, effect shall be given to the intent manifested by the provision held invalid or inoperative. In the event that any court of competent jurisdiction shall determine that any provision of these Terms and Conditions or the application thereof is unenforceable because of the duration or scope thereof, you and the Presenter agree that said court in making such determination shall have the power to reduce the duration and scope of such provision only to the extent necessary to make it enforceable, and that the Terms and Conditions in their reduced form shall be valid and enforceable to the full extent permitted by law.

Waiver. No course of dealing and no failure to act on any incident of breach under these Terms and Conditions shall be construed against the Presenter as a waiver of its right to act in the future. The waiver of any breach of any term or condition in these Terms and Conditions shall not be construed as a waiver of any subsequent breach of the same or any other term or condition. Any failure by the Presenter to enforce its rights or any failure to seek remedies for any breach of the Terms and Conditions will not prejudice the Presenter's rights or available remedies for any subsequent breach by you.