3) Registered Users
4) Site Services
This Site allows registered users to interact with other registered users through chatrooms, message boards, and other forums, and allows registered users to upload and publish audio, visual, audiovisual, and other multimedia files, and comment on those files uploaded by other users (collectively, the “Site Services”). All messages, audio, visual, audiovisual, and other multimedia files, and related comments uploaded or published by you or a third party through the Site Services are collectively referred to as “User Content.”
5) Conditions on Use of the Site Services
c) You may not distribute in any medium any part of the Site.
d) You may not access Content, including User Content, through any technology or means other than the video playback pages of the Site or other explicitly authorized means Company may designate.
e) You may not collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
f) You may not impersonate others or assume any false identity through our Site in a manner that is intended to or does mislead or confuse others.
g) You may not use our Site or the Site Services for unlawful purposes or for promotion of dangerous or illegal activities. h) You may not spam or transmit malware or viruses.
i) You may not use the Site or Site Services for any commercial use.
j) You may not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases.
k) You may not use this Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of any Site.
l) You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means.
m) You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
6) User Content
a) Company claims no ownership or control over any User Content that you upload or publish. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you upload or publish and you are responsible for protecting those rights, as appropriate. By uploading or publishing User Content, you grant to Company a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sublicensable and transferable license to reproduce, publish and distribute such User Content on our Site, any other website owned by Company, or any other website that Company chooses. Company reserves the right to refuse to accept, post, display, or transmit any User Content in Company’s sole discretion.
b) You may choose to publish any User Content under a public license. For avoidance of doubt, we are not a party to any such public license between you and any third party.
c) User Content is not provided by us. We do not monitor User Content and we take no responsibility for the User Content. We provide access to the User Content as an optional service to you.
d) User Content may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when viewing such User Content. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Content. You acknowledge that any reliance on User Content will be at your own risk and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto.
e) Some of the User Content is comprised of videos. You may only access these videos through Streaming. Accessing videos in any manner other than Streaming is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
f) You agree to not engage in the use, copying, or distribution of any of the User Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes.
g) You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or Site Services that prevent or restrict use or copying of any Content, including User Content.
h) You will not upload or publish any User Content that:
i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
ii) is pornographic or obscene, or that promotes pedophilia, incest, or bestiality. You may not publish User Content that exists for the primary purpose of monetizing pornographic content or driving traffic to a monetized pornography site.
iii) promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
iv) contains or promotes direct threats of violence against any person or group of people.
v) without authorization, reveals people’s private and confidential information, such as credit card numbers, Social Security Numbers, and driver’s and other license numbers.
7) Registered User Account Termination Policy
8) Digital Millennium Copyright Act
a) Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Copyright Agent. The contact information for our designated Copyright Agent to receive notifications of claimed infringement is: (name, address, telephone, fax, email address). You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. c) Investigation and Response. Once our Copyright Agent receives a valid DMCA Copyright Claim Notice alleging that infringing materials are being distributed by the Site, we will use reasonable efforts to investigate the complaint in a timely manner and respond to the complaint. Our investigation may involve communication with the registered user accused of uploading or publishing the infringing material and evaluation of a counter-notice submitted by that registered user, if applicable. Our response may include removing the alleged infringing material or disabling access to that material. d) Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
i) Your physical or electronic signature;
ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
e) Copy of Counter-Notice. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the subject User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the registered user responsible for that User Content, that User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
9) Disclaimer of Warranties
THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR SITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE SERIVCES OR CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OWNERSHIP, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, IS COMPANY LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, THE SITE SERVICES, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR ANY COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Company may in its sole discretion and at any time discontinue providing access to this Site or the Site Services, or any part thereof, with or without notice. You agree that any termination of your access to this Site or the Site Services or any portion thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination.