Effective date: 08/16/2021
You are responsible for all internet access, mobile data or other charges incurred when using the Site. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older (or have the requisite consent if you are 13 years of age or older); and (d) your use of the Services does not violate any applicable law or regulation. Your posting(s) may be deleted and your Membership may be terminated without warning, if we believe that you are in violation of any of the Terms of Service.
- Your rights
LICENSE: On the condition that you comply with all your obligations under this Agreement, Producer grants you a limited, revocable, non-exclusive, license to access and use the Site and Service for your own personal, non-commercial purposes. This includes the right to view content available on the Site. This license is personal to you and may not be assigned or sublicensed to anyone else. Any other use of the Site or Service contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Site and Service and all related items, including any and all copies made of the Site.
COMMERCIAL USE FORBIDDEN: You may not use the Site or Service for commercial purposes.
COPYRIGHT AND OWNERSHIP: All of the Content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”) that is not User Generated Content (“Producer Content”), is owned by Producer, its licensors, vendors, agents and/or its Content providers. All elements of the Site and Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site and Service may only be used for the intended purpose for which they are being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Content. The Site, its Content and all related rights shall remain the exclusive property of Producer or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
TRADEMARKS/NO ENDORSEMENT: All trademarks, service marks and trade names of Producer used herein (including but not limited to: Producer name, Producer corporate logo, the Site name, the Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Producer or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Producer trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Producer’s prior written consent. You shall not use Producer’s name or any language, pictures or symbols which could, in Producer’s judgment, imply Producer’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
OTHER RESTRICTIONS: Except as expressly permitted by Producer in writing, you will not reproduce, retransmit, disseminate, publish, broadcast, circulate, redistribute, sell, commercially exploit, create derivative works from, decompile, reverse engineer, or disassemble the Site or Service or any works posted to it other than your own works, nor use any works posted on the Service for any unlawful purpose. Nor will you take any measures to interfere with or damage the Site or Service. All rights not expressly granted by Producer are reserved.
- Licenses granted by you
As between you and Producer, you own the Content that you submit to the Site/Service (“User Generated Content”).
LICENSE TO PRODUCER: By submitting User Generated Content to the Site or Service, you grant Producer and its sublicensees and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable license and right to use, copy, transmit, publish, disseminate, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from the User Generated Content. Without limiting the generality of the foregoing, Producer shall have the right to: (i) display the User Generated Content within the Site or Service; (ii) display the User Generated Content on third-party websites and applications through a content embed or Producer’s API; (iii) allow other users to play, download, and embed on third-party websites the User Generated Content; (iii) use the User Generated Content to advertise and promote Producer, Producer’s funders and partners, the Site, or Service; and (iv) archive or preserve the User Generated Content for disputes, legal proceedings, or investigations. Producer and its affiliates and sublicensees will have the right to use your suggestions without any compensation to you. In conjunction with your submission of the User Generated Content, you also grant Producer the right to use your name, voice, likeness, and/or biographic information in conjunction with Producer exercise of its rights to the User Generated Content. Any such User Generated Content are deemed non-confidential and Producer shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Generated Content.
LICENSE TO OTHER USERS: You further grant all users of the Site or Service permission to view your User Generated Content for their personal, non-commercial purposes. This includes the right to use, copy, display, and make derivative works from the User Generated Content solely to the extent necessary to view the User Generated Content. The foregoing licenses are in addition to any license you may decide to grant (e.g., a creative commons license).
- Code of Conduct
ACCEPTABLE USE POLICIES: Your use of the Site and Service are subject at all times to the Acceptable Use Policies of Producer and its licensors and service providers.
YOUR OBLIGATIONS: In using the Site or Service, you must behave in a civil and respectful manner at all times. Further, you agree you will not: (1) act in a deceptive manner by, among other things, impersonating any person; (2) harass or stalk any other person; (3) harm or exploit minors; (4) distribute “spam”; (5) collect information about others; or (6) advertise or solicit others to purchase any product or service within the Site. You agree to notify Producer immediately at email@example.com if you believe that anything on the Site or Service violates any of your rights.
CONTENT RESTRICTIONS: Producer does not encourage, and does not seek User Generated Content that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Generated Content. Without limiting the foregoing, you agree that in conjunction with your Generated Content, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Producer will reject any User Generated Content in which Producer believes, in its sole discretion, that any such activities have occurred.
In particular, You agree not to upload, post, or otherwise submit any Content that is (or may reasonably be found or construed to be):
- Obscene, indecent, sexually explicit, or pornographic;
- Hate speech, harassment, threats, or other personal attacks against anyone or any group of persons;
- Libel or defamation;
- In violation of any law or any third-party rights, including trademark, copyright, and privacy rights;
- Exploitative of minors;
- Depictive of any unlawful acts or extreme violence;
- Depictive of animal cruelty or extreme violence towards animals;
- Commercial prompts or spam, off-topic posts, commercial solicitations, promotion or advertising, including any promotions of fraudulent schemes, multi-level marketing schemes, get-rich-quick schemes, online gaming or any other type of gambling, cash gifting, work-from-home businesses, or any other dubious money-making ventures;
- Indicating or implying that Producer supports a specific viewpoint. Information about ways Site or Service visitors might take action around a particular issue or topic must have appropriate context and labeling. All content must pass a perception test to ensure that visitors to the Site/Service do not perceive that the Website’s editorial integrity has been compromised by a particular agenda or by association with an outside party.
All Content you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Site or Service and/or the immediate removal of the related materials from the Site or Service at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
- No Endorsement of User Generated Content
User published Content and User Generated Content do not represent the views of Producer or any individual associated with Producer, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Producer’s endorsement of user published Content. Producer does not vouch for the accuracy or credibility of any user published Content on our Site or User Generated Content published through our Service, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Generated Content. Through your use of the Site and Service, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site and Services, you assume all associated risks.
For all charges or deposits for any events, products and services ordered by you on or through the Site, Producer or its vendors or agents will bill your bank card or alternative payment method offered by Producer and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Producer and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
- Your Representations and warranties
You represent and warrant that you: (1) are not currently restricted from using the Site or Services, or not otherwise prohibited from having an account with us; (2) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (3) will not violate any of our rights or the rights of other Site/Service users, including intellectual property rights such as copyright or trademark rights; (4) agree to provide at your cost all equipment, software, and internet access necessary to use the Site or Service; (5) you own or control the Content and have the right to submit the Content to Us and grant the licenses set forth above; (6) We do not and will not need to obtain licenses from any third party or pay royalties to any third party in connection with your video and non-video Content for any reason; (7) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (8) the Content complies with all terms of this Agreement and all applicable laws; and (9) if necessary you have the written consent of each and every identifiable natural person in the Content to use such persons name or likeness in the manner permitted by this Agreement, and each such person has released you from any liability that may arise in relation to such use. In addition, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- Indemnification and release
You will indemnify, defend, and hold harmless Producer and its affiliates, directors, officers, employees, funders, contractors, sublicensees, and agents, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations that: (1) arise from your activities on the Site or Service; (2) assert a violation by you of any term of this Agreement, including any representations and warranties herein; (3) arise from your failure to comply with this Agreement or any breach or alleged breach of the representations or warranties herein; or (4) assert that any Content you submitted violates any law or infringes any third-party right, including any intellectual property or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site/Service.
In the event that you have a dispute with one or more other users of the Site or Service, you release Producer (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
REGISTRATION: To fully use the Site or Service, you may be required to register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Producer and notify Us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. When creating your account, you must provide accurate and complete information. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Producer Service. If you become aware of an unauthorized access to your account, you must change your password and notify Us immediately at firstname.lastname@example.org.
- Term and termination; account deletion
TERM: This Agreement begins on the date you first use the Site or Service and continues as long as you use the Site or Service or have an account with Us, except as otherwise terminated as provided in this Agreement.
MUTUAL RIGHTS OF TERMINATION: You may terminate this Agreement, for any or no reason, at any time, with notice to Producer pursuant to this section 11. This notice will be effective upon Producer processing your notice. Producer may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. Such termination will be effective immediately or as may be specified in the notice. Termination of your account may also include disabling your access to the Site or Service.
TERMINATION BY PRODUCER: Producer may suspend, disable, terminate or delete your account (or any part thereof) or block or remove any Content you submitted for any reason, including if Producer determines that you have violated any provision of this Agreement or that your conduct or Content would tend to damage Producer’s reputation and goodwill or for any other behavior that we, in our sole discretion, deem contrary to the purpose of the Site or Services. If Producer deletes your account and/or terminates this Agreement, you may not use or re-register for the Site or Service. Producer may block your email address and Internet protocol address to prevent further use or registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Producer will terminate. All sections of this Agreement that indicate that they are perpetual, indicate they survive termination, or that indicate that they are irrevocable, all representations and warranties, and all indemnification provisions herein will survive termination. In the event of account deletion or termination, Content that you submitted may no longer be available. Producer is not responsible for the loss of such Content.
- Third-party copyrights and other rights
Producer respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send Us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send Us a notice at email@example.com.
PRODUCER PROVIDES THE SITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SITE AND SERVICE AT YOUR OWN RISK. PRODUCER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, PRODUCER MAKES NO REPRESENTATIONS OR WARRANTIES: (1) THAT THE SITE OR SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (2) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) CONCERNING ANY CONTENT SUBMITTED BY ANY MEMBER; (4) CONCERNING ANY THIRD-PARTY’S USE OF CONTENT THAT YOU SUBMIT; (5) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SITE OR SERVICE OR WILL BE STORED BY PRODUCER; (6) THAT THE SITE OR SERVICE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS; (7) THAT SITE OR SERVICE WILL CONTINUE OR THAT ANY SITE/SERVICE FEATURE WILL CONTINUE; OR (8) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SITE OR SERVICE, EVEN IF LINKED TO FROM THE SITE OR SERVICE. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE OR SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR SERVICE OR ANYTHING RELATED TO THE SITE OR SERVICE. YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 11 (“TERMINATION”) AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
PRODUCER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE PRODUCER SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE/SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE/SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
PRODUCER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE OR SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE OR SERVICE BY OTHER USERS OF THE COMMUNITY; THEREFORE, PRODUCER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
- LIMITATION OF LIABILITY.
PRODUCER DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO EVENT WILL PRODUCER, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN NO EVENT SHALL PRODUCER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE SITE. 15. Export control
Your use of the Site and Service, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not—directly or indirectly—sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
- General provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of NY, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site or Service must be commenced in the state or federal courts located in NYC, NY, United States of America (and you consent to the jurisdiction of those courts). In any such action, Producer and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and may not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delays by Producer in exercising any right hereunder will waive any further exercise of that right. Producer’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. You may not assign this Agreement without Producer’s prior written consent.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Producer electronically. Producer may provide all such communications by email or by posting them on the Site or Service. For support-related inquiries, you may send an email to firstname.lastname@example.org. You may send notices of a legal nature to Producer at email@example.com with the subject line ATTN: Legal department.
SEVERABILITY: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- Copyright and DMCA Policy
- Uploading Guidelines
This Agreement constitutes the entire understanding between Producer and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.