0. Introduction; Your Agreement to these Terms of Service.
Welcome to the BattleCam.com, Inc. ("BattleCam.com") video management and streaming platform consisting of web sites, services, software applications and networks that allows for the authorized streaming and distribution of video content over the internet (the "BattleCam.com Service").
The following Terms of Service for the BattleCam.com Service is a legal contract between you, an individual user of at least 18+ or a single entity ("You" or, collectively, "Users"), and BattleCam.com regarding your use of the BattleCam.com Service.
BattleCam.com may offer certain additional services by which you agree to pay fees to BattleCam.com, a list of such services and terms which are made available on the BattleCam.com web page. If you register and/or use any such paid fee services, you are also bound by the BattleCam.com Terms of Sale. The BattleCam.com Terms of Sale is hereby incorporated by reference.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE BATTLECAM.COM PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE BATTLECAM.COM SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH BATTLECAM.COM ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
1. Eligibility.
The BattleCam.com Service is not available to persons under the age of 16 or to any users previously suspended or removed from the BattleCam.com Service by BattleCam.com. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE BATTLECAM.COM SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BATTLECAM.COM SERVICE.
2. Incorporation by Reference.
Your privacy is important to BattleCam.com. BattleCam.com's Privacy Policy hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to BattleCam.com's collection, use, and disclosure of your personal information.
3. Individual Features and Services.
When using the BattleCam.com Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
BattleCam.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the BattleCam.com Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the BattleCam.com Service. We will always make a reasonable effort to notify you if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect artist and content owner rights, it is BattleCam.com's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that BattleCam.com will promptly terminate without notice any User's access to the BattleCam.com Service if that User is determined by BattleCam.com to be a "repeat infringer." A repeat infringer is a User who has been notified by BattleCam.com of infringing activity violations more than twice and/or who has had their Lifecaster Content or any other user-submitted content removed from the BattleCam.com Service more than twice. In addition, BattleCam.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. BattleCam.com Service License Grant.
6.1 License Grant to Upload or Stream.
BattleCam.com allows certain users ("Lifecasters") to distribute streaming live and pre-recorded videos of their day-to-day activities ("Lifecasts").
If you sign up for an account as a Lifecaster, subject to your compliance with the terms and conditions set out in this Terms of Service, BattleCam.com hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the BattleCam.com Service for the uploading and distributing of authorized digital content, including videos ("Lifecaster Content").
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of BattleCam.com to protect Lifecaster Content, BattleCam.com cannot guarantee that there will be no unauthorized copying or distribution of Lifecaster Content nor will BattleCam.com be liable for any copying or usage of the Lifecaster Content not authorized by BattleCam.com.
6.3 License Grant to View by Streaming.
If you sign up for an Account, subject to your compliance with this Terms of Service, BattleCam.com hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming Lifecaster Content solely through the BattleCam.com Service subject to the license under which such Lifecaster Content is distributed.
6.4 Reservation of Rights.
BattleCam.com reserves all rights not expressly granted in this Terms of Service.
6.5 Prevention of Unauthorized Use.
BattleCam.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the BattleCam.com Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Lifecaster Content License Grant; Representations and Warranties.
7.1 License Grant to BattleCam.com.
Unless otherwise agreed to in a written agreement between you and BattleCam.com that was signed by an authorized representative of BattleCam.com:
a) By distributing or disseminating Lifecaster Content through the BattleCam.com Service, you hereby grant to BattleCam.com a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Lifecaster Content, in any media formats and through any media channels, in order to publish and promote such Lifecaster Content in connection with services offered or to be offered by BattleCam.com. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.2, below, the foregoing license granted by you terminates as to a specific piece of Lifecaster Content once you remove or delete such Lifecaster Content from the BattleCam.com Service.
7.2 License Grant to other BattleCam.com users.
By distributing or disseminating Lifecaster Content through the BattleCam.com Service, you hereby grant to each User of the BattleCam.com Service that is authorized to access your Lifecaster Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Lifecaster Content.
7.3 Lifecaster Content Representations and Warranties.
You are solely responsible for your Lifecaster Content and the consequences of posting or publishing them. By uploading and publishing your Lifecaster Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize BattleCam.com and BattleCam.com's Users to use your Lifecaster Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by BattleCam.com and this Terms of Service; (2) your Lifecaster Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Lifecaster Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. BattleCam.com reserves all rights and remedies against any Users who violate this Terms of Service.
7.4 Lifecaster Content Disclaimer.
You understand that when using the BattleCam.com Service you will be exposed to Lifecaster Content from a variety of sources, and that BattleCam.com is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Lifecaster Content. You further understand and acknowledge that you may be exposed to Lifecaster Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BattleCam.com with respect thereto. BattleCam.com does not endorse any Lifecaster Content or any opinion, recommendation or advice expressed therein, and BattleCam.com expressly disclaims any and all liability in connection with Lifecaster Content. If notified by a User or a content owner of Lifecaster Content that allegedly does not conform to this Terms of Service, BattleCam.com may investigate the allegation and determine in its sole discretion whether to remove the Lifecaster Content, which it reserves the right to do at any time and without notice. For clarity, BattleCam.com does not permit copyright infringing activities on the BattleCam.com Service.
8. Prohibited Conduct.
BY USING THE BATTLECAM.COM SERVICE YOU AGREE NOT TO:
8.1 use the BattleCam.com Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the BattleCam.com Service as such services are offered by BattleCam.com;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate Lifecaster Content or other content;
8.4 post, upload, or distribute any Lifecaster Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the BattleCam.com Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the BattleCam.com Service, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the BattleCam.com Service or Lifecaster Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the BattleCam.com Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the BattleCam.com Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the BattleCam.com Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the BattleCam.com Service if you are under the age of eighteen (16) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the BattleCam.com Service or Lifecaster Content, features that prevent or restrict use or copying of any content accessible through the BattleCam.com Service, or features that enforce limitations on the use of the BattleCam.com Service or Lifecaster Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BattleCam.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the BattleCam.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the BattleCam.com Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the BattleCam.com Service for any purpose or bypass any measures BattleCam.com may use to prevent or restrict access to the BattleCam.com Service;
8.17 manipulate identifiers in order to disguise the origin of any Lifecaster Content transmitted through the Service; or
8.18 interfere with or disrupt the BattleCam.com Service or servers or networks connected to the BattleCam.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the BattleCam.com Service.
9. Account
When you use the BattleCam.com Service to upload and/or download or purchase content or any products, services, or information from BattleCam.com, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to BattleCam.com on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify BattleCam.com. You may be liable for the losses incurred by BattleCam.com or others due to any unauthorized use of your BattleCam.com Service account.
10. Third-Party Sites, Products and Services; Links.
The BattleCam.com Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). BattleCam.com does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BattleCam.com Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Termination; Terms of Service Violations.
11.1 BattleCam.com.
You agree that BattleCam.com, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with BattleCam.com or your use of the BattleCam.com Service and remove and discard all or any part of your account, User profile, and any Lifecaster Content, at any time. BattleCam.com may also in its sole discretion and at any time discontinue providing access to the BattleCam.com Service, or any part thereof, with or without notice. You agree that any termination of your access to the BattleCam.com Service or any account you may have or portion thereof may be effected without prior notice, and you agree that BattleCam.com will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BattleCam.com may have at law or in equity. As discussed herein, BattleCam.com does not permit copyright infringing activities on the BattleCam.com Service, and will terminate access to the BattleCam.com Service, and remove all Lifecaster Content or other content submitted by any Users who are found to be repeat infringers.
11.2 You.
Your only remedy with respect to any dissatisfaction with (i) the BattleCam.com Service, (ii) any term of this Terms of Service, (iii) any policy or practice of BattleCam.com in operating the BattleCam.com Service, or (iv) any content or information transmitted through the BattleCam.com Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the BattleCam.com Service.
11.3 Lifecaster Content.
Subject to section 7.2 above, if you notify BattleCam.com by submitting email to info@battlecam.com, BattleCam.com will discontinue prospective hosting and distribution of your Lifecaster Content.
12. Ownership; Proprietary Rights.
The BattleCam.com Service is owned and operated by BattleCam.com. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the BattleCam.com Service provided by BattleCam.com (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Lifecaster Content that are provided and owned by Users, all Materials contained on the BattleCam.com Service are the property of BattleCam.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BattleCam.com or its affiliates and/or third-party licensors. Except as expressly authorized by BattleCam.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BattleCam.com reserves all rights not expressly granted in this Terms of Service.
13. Indemnification.
You agree to indemnify, save, and hold BattleCam.com, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the BattleCam.com Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. BattleCam.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BattleCam.com, and you agree to cooperate with BattleCam.com's defense of these claims. BattleCam.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BATTLECAM.COM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BATTLECAM.COM OR THROUGH THE BATTLECAM.COM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM BATTLECAM.COM INCLUDES BATTLECAM.COM'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE BATTLECAM.COM SERVICE IS AT YOUR SOLE RISK. THE BATTLECAM.COM SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING LIFECASTER CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BATTLECAM.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Service Operation and Lifecaster Content.
BATTLECAM.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BATTLECAM.COM SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy.
BATTLECAM.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BATTLECAM.COM SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BATTLECAM.COM PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.
THE SECURITY MEASURES TO PROTECT LIFECASTER CONTENT USED BY BATTLECAM.COM HEREIN ARE USED IN CONJUNCTION WITH THE LIFECASTER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BATTLECAM.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING LIFECASTER CONTENT) ON THE BATTLECAM.COM PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BATTLECAM.COM, EVEN IF BATTLECAM.COM OR AN BATTLECAM.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL BATTLECAM.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BATTLECAM.COM PLATFORM OR YOUR INTERACTION WITH OTHER BATTLECAM.COM PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BATTLECAM.COM PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BATTLECAM.COM AND RECEIVED THROUGH OR ADVERTISED ON THE BATTLECAM.COM PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT BATTLECAM.COM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BATTLECAM.COM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BATTLECAM.COM. BATTLECAM.COM WOULD NOT BE ABLE TO PROVIDE THE BATTLECAM.COM PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
17. Miscellaneous.
17.1 Notice.
BattleCam.com may provide you with notices, including those regarding changes to BattleCam.com's terms and conditions, by email, regular mail or postings on the BattleCam.com Service. Notice will be deemed given twenty-four hours after email is sent, unless BattleCam.com is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the BattleCam.com Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the BattleCam.com Service is deemed given 30 days following the initial posting.
17.2 Waiver.
The failure of BattleCam.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BattleCam.com.
17.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of United Kingdom, without giving effect to any principles of conflicts of law.
17.4 Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or BattleCam.com will be filed only in the state or federal courts in and for Santa Clara County, United Kingdom, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
17.5 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
17.6 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BattleCam.com without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
17.7 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.4, 6.5, and 7-17.
17.8 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.9 Entire Agreement.
This is the entire agreement between you and BattleCam.com relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by BattleCam.com as set forth in section 4 above.
17.10 Claims.
YOU AND BATTLECAM.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BATTLECAM.COM PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.11 Disclosures.
The services are offered by BattleCam.com, Inc., located at: 111 Wardour Street, London W1F 0UH and email: info@battlecam.com. If you are a United Kingdom resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
I AM AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I verify this statement by placing my initials here ACCEPTING the TERMS OF USE OF BATTLECAM.com
I forever release the Website any fair affiliated organization, and their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively «Releases») from any and all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE FAIR, THE STATE, THE COUNTY, AND THE LESSOR, AND SIGN IT OF MY OWN FREE WILL.
THIS IS A LEGAL DOCUMENT AFFECTING YOUR RIGHTS AND RESPONSIBILITIES
PLEASE READ IT CAREFULLY BEFORE ACCEPTING THE TERMOS OF USE
1. In consideration of my possible appearance on one or more episodes of the Webshow/Program currently known as BATTLECAM.com (the «Program»), I hereby knowingly, willingly and voluntarily grant to FILMON.com Plc («Producer»), without charge or other compensation, the irrevocable right, but not the obligation, with or without my knowledge, in perpetuity throughout the universe, to film, tape, photograph, record, exhibit, display, edit, distribute, sell and otherwise use my appearance, name, likeness, voice, statements, conversations, biography, and/or sounds (collectively «Footage and Materials») in connection with the development, production, and/or exploitation of the Program, and/or in any other production, in all media, whether now known or hereafter devised, including without limitation, in connection with advertising, sales, promotions, marketing, merchandising (including slot machines), distribution, publicizing, and all types of exploitation of the Program. Producer, in its sole discretion, shall have the unrestricted right to edit the content and text of the Program, as well as all film, tape, photography, recordings, and my appearance thereon, in any manner or form (including, without limitation, for humorous or satirical effect).
2. Producer has no obligation to me whatsoever. I hereby agree that Producer is the sole owner of the results and proceeds of the Footage and Materials and I waive any interest I may have in and to the copyright in connection therewith. I hereby acknowledge and agree that Producer has the sole discretion to choose whether or not to include me in the Program, or broadcast my appearance in the Program and that Producer's possible inclusion of me in the Program in any manner whatsoever shall not entitle me to receive any compensation. I hereby agree to waive any right that I may have to inspect or approve any finished product, derivatives thereof, or any other subsequent uses made of the recording or Program by Producer pursuant to this Appearance Release Form.
3. I represent and warrant the following: (1) I am at least 18 years of old; and (2) I am not, and for a period of one (1) year from the date hereof, I do not intend to be, a candidate for any public office; and (3) I am not a professional actor and am not a member of SAG, AFTRA, AGVA, Equity, or any other performing arts guild or union, or in the event I am a member of any performing arts guild or union, I agree that this Agreement shall not be subject to any collective bargaining agreement and does not entitled me to any wages, salary, corporate benefits, or other compensation under any such collective bargaining agreement or otherwise.
4. I understand that it is a federal offense, unless disclosed to Producer prior to broadcast, if any, to do any of the following: (a) give or agree to give any member of the production staff and anyone associated in any manner with the Program or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program or the advertisements, or (b) accept or agree to accept anything of value to promote any product, service or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I gave nothing of value nor did I agree to give anything of value to anyone so I could be in the Program or the advertisements. I know that Producer does not permit it and that it would be a federal offense not to tell Producer if I had. I shall notify Producer and the network immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing or which is in any way dishonest.
5. I acknowledge and understand that the consideration provided by Producer to me for my possible appearance on the Program constitutes adequate consideration for me entering into this Agreement. Producer shall have no further obligations to me with respect to any additional compensation. I further understand that Producer will incur significant costs and expenses in reliance upon this Agreement, so I will not attempt to cancel or revoke any of the rights granted to Producer herein. I acknowledge that I am volunteer and that I shall not be deemed to be an employee of Producer, nor shall I be entitled to any benefits provided by Producer to its employees.
6. I ACKNOWLEDGE THAT, PRIOR TO ACCEPTING/TICKING OR SIGNING THIS AGREEMENT AND RELEASE AND BEFORE I APPEAR IN PRODUCER'S PROGRAM OR ANY PUBLICITY THEREFOR, I AM FULLY AWARE OF THE FORMAT OF THE PROGRAM AND THE PROGRAM ITSELF (INCLUDING, WITHOUT LIMITATION, THAT THE PROGRAM INCLUDES NUDITY, EXPLICIT MATERIALS AND LANGUAGE, AND/OR ADULT CONTENT), AND I HAVE NO OBJECTION THERETO OR THAT MY NAME, LIKENESS, OR APPEARANCE MAY BE INCLUDED IN SUCH PROGRAM. I UNDERSTAND THAT THE RIGHTS GRANTED HEREUNDER MAY POSSIBLY RESULT IN ME BEING PROTRAYED IN AN EMBARRASSING, DENIGRATING OR OTHERWISE UNFAVORABLE LIGHT, AND I FREELY AND FULLY CONSENT THERETO.
7. To the maximum extent permitted by law, I hereby release, discharge, and hold harmless Producer, its parent, assignees, licensees, agents, and affiliates, the website/network/cable outlet, all television broadcasting stations, sponsors, advertising agencies, and any and all others connected with the Program, and each of their related parent companies, subsidiaries and/or affiliated companies, and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the «Released Parties»), from any and all liability or claims arising out of or in any way resulting from my participation in the Program or in any aspect or phase thereof, the use or reuse of my appearance, name, voice, singing voice, likeness, signature, biographical information (including, without limitation, any claim based upon defamation or invasion of privacy and/or publicity), or the breach or alleged breach of any provision hereof and I agree not to make any claim against Producer or the Released Parties as a result of my participation or non-participation in the Program. In addition, I agree to indemnify Producer and the Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense, and loss of any kind (including outside attorney's fees) caused by or arising out of any breach or alleged breach of any provision hereof or any statement, action or failure to act by me during or in connection with my participation in the Program or otherwise. Furthermore, I understand that in connection with the Program or in any aspect or phase thereof, I and others may reveal or relate information of a personal, private, surprising, defamatory, disparaging, embarrassing or unfavorable nature, and that my actions and the actions of others appearing in the Program may be embarrassing or of an otherwise unfavorable nature that may be factual or fictional. I further understand that my appearance, depiction, and portrayal in connection with the Program or in any aspect or phase thereof, and my actions and the actions of others in connection with the Program or in any aspect or phase thereof, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature, may expose me to public ridicule, humiliation or condemnation, and may portray me in a false light. The consents, authorizations, assumptions of risk and releases set forth in this Agreement expressly apply to all such potential harms. Without in any way limiting the foregoing, in no event shall I have any right to seek injunctive or other equitable relief against any of the Released Parties.
To the maximum extent permitted by law, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
8. If any controversy or claim arising out of or relating to this Agreement, or the breach of any term hereof, cannot be settled through direct discussions, the parties agree to endeavor first to settle the controversy or claim by mediation conducted in the County of Los Angeles and administered by JAMS. If a controversy or claim is not otherwise resolved through direct discussions or mediation, it shall be resolved by arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the «JAMS Rules»). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. Without in any way limiting the foregoing, in no event shall I have any right to seek injunctive or other equitable relief against Producer, its parent, subsidiary or affiliated companies, its licensees, successor or assigns, or any other party arising out of any use or non-use of the Footage and Materials.
9. As used herein, «Producer» shall include Producer, its licensees, successors and assigns, and each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. I agree that Producer may license, assign, and otherwise transfer this Agreement and all rights granted by me to Producer under this Agreement to any person or entity.
10. This is the complete and binding agreement between Producer and me, and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. I hereby warrant that I am age eighteen (18) or older and have the power and right to grant the rights herein granted. I acknowledge that I have read and understand this Appearance Release Form prior to signing it and agree to the terms herein.