TRUNKWORTHY TERMS OF SERVICE
Trunkworthy, LLC and its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors (collectively, “Trunkworthy”) provides cultural commentary and criticism on matters of taste and opinion, which do not ordinarily bring people to harm.
These Terms and Conditions [T&Cs] govern your use of the Trunkworthy website and any features hosted on it; by using this website, you accept these T&Cs in full. Do not use this website if you disagree with any part of these T&Cs.
Trunkworthy website content is provided for users who are at least 18 years of age, or who are otherwise supervised by a responsible adult. Trunkworthy is not responsible for the use of this website or any other part of the Internet by unsupervised minors.
Trunkworthy reserves the right to edit or remove any material hosted, published, or submitted to this website, or stored on its servers, at its sole discretion, at any time.
Intellectual Property [IP] Rights
License to Trunkworthy IP
Trunkworthy’s cultural commentary and criticism includes but (is not limited to) proprietary text and graphics for our stories or posts [the Trunkworthy IP].
You may view, download, and print Trunkworthy IP for your own personal use, subject to the following restrictions.
You may not:
republish Trunkworthy IP (except by way of “fair use” for academic, journalistic, or commentary purposes);
sell, rent or sub-license Trunkworthy IP; copy, duplicate or otherwise market Trunkworthy IP for any commercial purpose; or hack, modify or edit any material on this website whatsoever.
Third Party IP [TPIP]
Trunkworthy celebrates and promotes the enjoyment of neglected media treasures, including but not limited to music, movies and television programming produced and distributed by third parties [the TPIP]. Any use of TPIP by Trunkworthy is by way of “fair use” in accordance with applicable law – for example, the minimum necessary use to name or identify a media property for purposes of journalistic criticism and commentary, and promote its further enjoyment by the public.
TRUNKWORTHY CANNOT, DOES NOT AND WILL NOT PROVIDE ANY LICENSE WHATSOEVER TO TPIP. YOU MAY NOT COPY, DUPLICATE, SELL OR LICENSE TPIP WHICH MAY BE EXCERPTED OR FEATURED ON THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, OTHER THAN BY WAY OF “FAIR USE” IN ACCORDANCE WITH APPLICABLE LAW.
Restrictions on use
You may not damage or impair this website in any manner, or use it in any way which is unlawful, illegal, fraudulent or harmful.
You may not use this website to launch, copy, host, publish or disseminate any material which infringes or misappropriates Trunkworthy IP or TPIP, or consists of any malicious computer software or code of any nature, including without limitation viruses, spyware, Trojans, worms, rootkit or other exploits.
You may not conduct any automated data collection activities (including without limitation data mining) on or relating to Trunkworthy without Trunkworthy’s express written consent or as otherwise required by law.
Trunkworthy reserves the right to restrict or control access to any portion of this website at its discretion.
If Trunkworthy or its service providers (for example, the Disqus comment/blogging platform) provides you with any form of access, including without limitation a user ID or password, securing any such access device is your sole responsibility. You specifically indemnify Trunkworthy and its service providers from any failure to secure your access device, or otherwise keep it confidential.
Trunkworthy reserves the right to disable access devices at its sole discretion.
User-provided content [UPC]
Any material that you submit to this website for any purpose, including without limitation comments or text shall be licensed to Trunkworthy without charge as follows.
By submitting UPC you grant Trunkworthy an irrevocable, non-exclusive, royalty-free license to use, copy, adapt, publish, and distribute such UPC anywhere and everywhere, in any manner. You also grant Trunkworthy the right to sub-license UPC, and the right to bring an action for infringement of any rights.
By submitting UPC to Trunkworthy you represent and warrant that it is not illegal or unlawful, does not infringe any third party’s legal rights, and will not foreseeably result in legal action against you, Trunkworthy or any third party under applicable law.
You will not submit any UPC that is or has been the subject of actual or threatened legal proceedings or other claims, whether liquidated or unliquidated.
Trunkworthy makes no express or implied representations or warranties in relation to this website or any information or materials provided or linked.
In particular and without limiting the foregoing, Trunkworthy makes no representations or warranties whatsoever: regarding TPIP or UPC; that this website will be constantly available, or available at all; or that any information on this website is complete, true, or accurate in any manner.
Trunkworthy provides cultural commentary and criticism, which are matters of taste and opinion, not fact. Nothing on this website shall be considered advice of any kind. If you choose to purchase any materials discussed here, that is your decision alone, and a matter of your taste and circumstances. Any transaction between you and a third party seller is subject to the terms and conditions of that purchase or sale.
Limitation of liability
Trunkworthy provides you with cultural commentary on matters of taste and opinion, free of charge and as protected to the First Amendment of the US Constitution. Sticks and stones may break your bones, but taste and opinion should not hurt you. Furthermore, “there is no accounting for matters of taste”; just because we like something, doesn’t mean that you will like it.
For these reasons, Trunkworthy will not be liable to you or any related party in any manner for your use of this website or any materials related thereto, including without limitation as follows.
Trunkworthy will not be liable for any direct, indirect, special or consequential loss, including without limitation any damages you suffer by the purchase or sale of downloads or merchandise from third party vendors.
Trunkworthy will not be liable for loss of revenue, income, profits, reputation or goodwill, or loss or corruption of information or data.
Trunkworthy will not be liable for any personal injury whatsoever allegedly caused by the use of this website, including without limitation alleged misrepresentations or emotional distress. If you find the matters discussed here false or offensive, do not use the website.
These limitations of liability shall be enforceable to the greatest extent permitted by law, and will not be limited by any alleged notice to Trunkworthy of foreseeable harm to any party.
By your use of the website you agree that these limitations of liability are reasonable. If you do not agree to these limitations of liability, do not use this website.
Trunkworthy, its successors and assigns
These T&Cs shall be deemed to benefit Trunkworthy and its successors and assigns.
These T&Cs shall be enforceable to the maximum extent permitted by law, and shall be limited only to the degree any specific provision has been deemed unenforceable by the published decision of a court or administrative agency with jurisdiction over the matter.
You hereby indemnify Trunkworthy against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses of all kinds), and including amounts paid in settlement of claims arising out of your breach of these T&Cs.
Breach of these T&Cs; interim relief
In the event of any real or prospective breach of these T&Cs, Trunkworthy may take any action it deems appropriate to deal with the matter, including suspending, prohibiting, or blocking website access, contacting identifiable ISPs to request they block website access, or bringing court proceedings against you.
Trunkworthy reserves the right to revise these T&Cs at any time, at its discretion. Revised T&Cs will apply from their date of the publication on this website.
Trunkworthy will not be held liable in any manner for any loss or claim which is caused by matters which are not in its reasonable control, including without limitation acts of God, war, public disorder, natural disaster, Internet service interruptions or the acts of third parties, including without limitation hackers or criminals.
Law, jurisdiction and alternative dispute resolution
These T&Cs will be in in accordance with the law of the State of California without regard to its principles of choice or conflicts of law. Any disputes relating to these T&Cs will be subject to final, binding arbitration (after mediation) in accordance with the rules of the American Arbitration Association in Santa Monica, California, without regard to its rules regarding large or complex disputes. Any claim or request for injunctive relief shall be subject to the jurisdiction of the courts of Santa Monica.