Terms of Service
February 21, 2014
We may modify this Agreement from time to time. Any such modifications will be posted on this web page and will become effective immediately. It is your responsibility to check the Site periodically. Your continued use or accessing of the Site following the posting of any such modifications constitutes your unconditional acceptance of same.
This Site is offered and made available only to users thirteen (13) years of age or older who reside in the United States, its territories or possessions. By using or otherwise accessing the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its terms and conditions.
The content on the Site, including, without limitation, the artwork, the livestream, and the website text, graphics, designs and coding (collectively, the “Content”) is protected by intellectual property and other laws. We hereby reserve all of our rights, title and interest in and to the Site and the Content. You may not copy, reproduce, retransmit, redistribute, broadcast, perform, publish, print, display or create derivative works of the Site or the Content without our express written permission. The Content (in particular the live stream) may inadvertently contain third-party intellectual property. Such inadvertent inclusion shall not be considered an endorsement by or of, or an association with, the holders of such intellectual property rights.
Links To And From Other Websites
We occasionally provide third-party content or link to third-party websites on this Site. We do not control, nor do we necessarily endorse or evaluate, such content and links, and we do not assume responsibility for third-party acts or omissions in connection with such content or links. You agree that you will not involve us in any dispute between you and any third party in respect of such website. You should review third-parties’ terms of service and privacy policies before you use their services. You may establish links to the Site provided you: (i) do not remove or obscure any copyright notice; (ii) provide notice of such linking by emailing us at email@example.com; (iii) immediately stop providing such links upon request from us; and do not establish embedded links (i.e.; direct links to the Content which do not show the rest of the page(s) on which such Content would normally be seen on the Site).
You will indemnify, defend and hold us and our directors, officers, employees, contractors, partners, affiliates, agents and other representatives (collectively, the “Indemnified Parties”) harmless from and against all claims, costs (including attorneys’ fees), damages, liabilities, and expenses or obligations of any kind in connection with your use or misuse of the Site (including, without limitation claims arising from your Submissions). We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without our express written consent.
The Site may contain Content which some users may find offensive, controversial or distasteful. You should not access Content on the Site if you think you may be offended by it. If you are a parent, it is your responsibility to ensure that the Site and the Content is suitable for your teenager to view. We recommend that teenagers are supervised when accessing the Site.
THE SITE IS PROVIDED “AS IS.” YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. THE INDEMNIFIED PARTIES DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, MERCHANTABILITY AND TITLE. THE INDEMNIFIED PARTIES DO NOT WARRANT THAT: (1) THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (2) ANY SITE DEFECTS WILL BE CORRECTED; (3) THE SITE OR THE SERVERS HOSTING THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THE SITE IS, OR WILL CONTINUE TO BE, ACCURATE OR AVAILABLE.
Limitation Of Liability
THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR SUBMISSIONS, EVEN IF FORESEEABLE AND EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT, including, without limitation, THE SITE, THE CONTENT AND YOUR SUBMISSIONS, SHALL NOT EXCEED FIFTY DOLLARS ($50). ANY CLAIMS BROUGHT BY YOU IN CONNECTION WITH THE SITE OR THIS AGREEMENT MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES IN CONNECTION WITH THE INDEMNIFIED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXLCUSIONS OF IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Venue; Jurisdiction
This Agreement, and all claims in connection with this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in New York, New York. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or this Agreement within one (1) year after such claim or action arises. Otherwise, you waive such claim or action.
Waiver; Severability; Entire Agreement
If you have any questions regarding this Agreement, please contact us in any of the following ways:
General e-mail address: firstname.lastname@example.org
Postal address: 354 Onderdonk Avenue
Ridgewood, NY 11385