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 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. Any violation of this prohibition will
result in the immediate deletion of the inlined 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
407 Center Point Circle, Suite 1635
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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