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Terms of Service

Before you enter the Use.com site (the "Site") or use any of the Use.com services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Unless explicitly stated otherwise, any new features added to or augmenting the Service are subject to the Terms.

Acceptance of Terms:

By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Use of the Site is also governed by the Use.com Privacy Policy, which is incorporated into this Agreement by this reference. Acceptance of the Terms creates a binding legal agreement between you and Use.com that you will use the Service only in a manner that is consistent with the Terms. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not access the Site or use the Service. 

The Terms may be changed or updated at any time, at the sole discretion of Use.com Corporation. ("Use.com"). You should periodically check this page for current terms. By using this site subsequent to any revision of the Terms, you agree to be bound by such changes. If you find the Terms  to be unacceptable, you must immediately terminate your use of this Web site

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In addition, you agree to provide Use.com with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests). If you provide any information that is untrue, inaccurate, not current or incomplete, or Use.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Use.com has the right to suspend or terminate your account, remove your videos and refuse any and all current or future use of the Service (or any portion thereof).
 
User Conduct:

You understand and agree that all information, data, text, software, images, music, sounds, photographs, graphics, video, messages, goods, products, services or other materials (collectively, the "Content") are the sole responsibility of the individual or entity from which such Content originated. Use.com is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any Member or other originator of said content. This means that you, and not Use.com, are entirely responsible for all Content that you post, display, upload, store or transmit through the Service. Use.com cannot guarantee the truthfulness, authenticity, quality or accuracy of said Content. Under no circumstances will Use.com be liable in any way for any content, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. 
 
You acknowledge that Use.com does not will not examine and review all Content submitted or transmitted to the Service, but that Use.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, change, delete, or recategorize any Content that is available via the Service. Use.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that Use.com has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice. Any decision to refuse, move, or remove content is within the sole discretion of Use.com, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the Terms may be grounds for immediate termination of your registration.  

Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Use.com in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Use.com or submitted to Use.com. In no event shall Use.com Corp. ("Use.com") (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content. 

Use.com Services are for personal use only. 
 
No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes. 

Third Party Software:

As a convenience to our users, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. 

By downloading third party software, you acknowledge and agree that Use.com does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Use.com makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Use.com (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service. 
 
Uploading Content:

When uploading Content, you agree to provide an accurate description for your Content. In addition, you agree that you will refrain from using keywords that do not pertain to the Content or that infringe upon anyone else's trademark. Use.com and its designees shall have the right, at their sole discretion, to refuse any Content for any reason. 

By using or accessing the Service, you hereby agree to refrain from the following: 
 
(a) uploading, posting, transmitting, or displaying materials containing obscene or pornographic content; 
(b) uploading, posting, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortious, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, or hatred, as well as other content that is racially or ethnically objectionable; 
(c) uploading, posting, transmitting, or displaying content that exploits children or otherwise harms minors; 
(d) violating the rights of another individual or entity, including but not limited to intellectual property rights; 
(e) uploading, posting, transmitting, or displaying content, including tags placed on user content, that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right; 
(f) uploading, posting, transmitting, displaying, or linking to material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, software used for game emulation; 
(g) interfering with or disrupting the Service and/or the servers or networks connected to the Service; 
(h) uploading, posting, transmitting, or displaying unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes"; 
(i) stalking or otherwise harassing another person; 
(j) impersonating any person or entity, including, but not limited to, a Use.com employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; 
(k) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service; 
(l) uploading, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
(m) uploading, posting, transmitting, or displaying any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
(n) violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 
(o) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or 
(p) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Use.com determines, in its sole discretion, is inappropriate for sale through the Service.
(q) uploading, posting, transmitting, or displaying contentdepicting or promoting adult oriented items, goods, or services, including, but not limited to, sex aids, sex toys, erotic paraphernalia, or other sex related items, goods, or services. Use.com will, at its sole discretion, determine if content violates this prohibition.
(r) uploading, posting, transmitting, or displaying content depicting or promoting illegal or illicit drugs, prescription drugs, or other supplements. Use.com will, at its sole discretion, determine if content violates this prohibition.
(s) uploading, posting, transmitting, or displaying any Content containing links to any material or content prohibited in the Terms.
 
You understand that your Content may be transmitted over various networks and changed to conform and adapt to technical requirements. 

Linking to Images: 
 
You are encouraged to include links to your images or videos hosted on Use.com or to embed your video using our generated code. However, you may not hotlink images or videos hosted on the Use.com website directly on any other website. This impacts our bandwidth and may interfere with access for other users. This practice is also referred to as inline linking, direct linking or deep linking and violates these Terms of Use. You are limited in how you may edit the generated HTML code provided to display your images on other websites. All provided size restrictions, links, and credits must remain intact. Linking or embedding images or videos in any way other than the use of codes provided by Use.com is prohibited. Any violation of these prohibitions will result in the immediate deletion of the offending images and may result in the termination of your account.

Termination: 
 
You agree that Use.com may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your account, and remove or discard from the Service any Content associated with your account. Grounds for such termination may include, but not be limited to, (a) extended periods of inactivity, (b) violating or acting inconsistently with the letter or spirit of the Terms, (c) discontinuance or material modification of the Service, or (d) requests by law enforcement or other government agencies. Use.com may also in its sole discretion and at any time, discontinue providing this site and/or the Service, or any part thereof, with or without notice. 

Intellectual Property: 
 
Use.com does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you grant Use.com a world-wide, perpetual, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, make derivative works of, publicly perform, publicly display, distribute and publish the Content solely for the purpose of providing and promoting the Service in any and all media. This license exists for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Use.com removes the Content from the Service. You remain the owner of all Content that you submit to the Service, and as a condition to use of the Service, you represent and warrant to Use.com that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, should you opt, while uploading content, to allow codes to be generated enabling others to link to your content and/or display it on their webpages, you agree that such content may be linked to or displayed by non-Use.com websites and you consent to such linking or display. 

All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Use.com is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Use.com has the absolute right to terminate your account or exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.
 
Except for member-contributed Content, all aspects of the Service and the www.Use.com website, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The web site and all the content contained therein is, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. 

No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Use.com. You may not, and this Agreement does not give a you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A partial listing of credit for third party content is located here. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by these Terms of Use with respect to the Site are reserved by Use.com.

By using or accessing this Service you agree to comply with all state and federal laws that protect Use.com's proprietary interest in the material appearing on the Service and the website. All materials and Content from the Service may be downloaded and/or reprinted for personal use only. Except as expressly authorized by Use.com, you agree not to modify, rent, distribute, lease, loan, sell, or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, and not to create derivative works based on the Service, in whole or in part. 
 
Use.com does not want to receive confidential or proprietary information from you through the Service or by email. In the absence of an express written agreement between you and an authorized Use.com employee, any material, information or idea you transmit to Use.com by any means may be disseminated or used by Use.com or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. 

Notification and Procedure for Making Claims of Copyright Infringement or Intellectual Property Infringement: 
 
Use.com will take appropriate actions in response to notice of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or the Service, please provide Notice to Use.com's Copyright Agent. 
 
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this site or the Service) or if the infringing work appears on a site linked to from this site or the Service where the material that you claim is infringing is located on such site; (d) information sufficient to permit Use.com to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. 
 
To reach Use.com's Copyright Agent for Notice of claims of copyright infringement:

By Mail:
Jonathan Murphy
307 Cranes Roost Blvd., Suite 1000
Altamonte Springs, FL 32714

By Fax:
Attn: DMCA Agent, Use.com
+1 (407) 260-1184

By Email:
Email: dmca@use.com

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries. For more information on making a claim of copyright infringement, see our Procedure for Making Claims of Copyright Infringement.

Disclaimer of Warranties: 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
 
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. USE.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER CONTENT. 
(B) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. 
(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE.COM OR THROUGH THE USE.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 
 
Limitation of Liability: 
 
YOU UNDERSTAND AND AGREE THAT USE.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USE.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 
 
Exclusions and Limitations: 
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 
 
Indemnification: 
 
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS USE.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST USE.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR MEMBER ID; (C) A VIOLATION OF THE TERMS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING. 
 
Governing Law: 
 
The Terms and the relationship between you and Use.com shall be exclusively governed by and construed in all respects under the laws of the State of Florida, without giving effect to any choice-of-law or conflict-of-laws provisions. You and Use.com further agree to submit to the personal jurisdiction of the state courts located in Seminole County, Florida and the personal jurisdiction of the federal courts located within Middle District of Florida for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of the Terms. 
 
Waiver and Severability: 
 
The failure of Use.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any of the provisions of the Terms are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 
 
Entire Agreement: 
 
The Terms constitute the entire and only Agreement between you and Use.com with respect to the Use.com Service, and supersedes any prior agreements, oral or written, between you and Use.com. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this Terms shall not be binding on Use.com. 
 
You also may be subject to additional terms and conditions that may apply when you use affiliate or other Use.com services, third-party content or third-party software. 
 
Statute of Limitations: 
 
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
 
Section Titles: 
 
The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

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