Battles-n-Brawls

Terms Of Use BattlesNBrawls Terms of Service As of March 10, 2010 Welcome to BattlesNBrawls where your individuality and creativity can take shape on your own unique channel. Please take the time to read this ENTIRE agreement ('Agreement') governing your responsibilities (hereinafter, 'you', 'your' or 'user') and use of the BattlesNBrawls site ('BattlesNBrawls, 'Site', 'us', 'our' or 'we') (referenced herein, below). Please abide by this Agreement, because if you don't, it could lead to the termination of your BattlesNBrawls account and/or may expose you to other liability. To receive your own channel from BattlesNBrawls and use our Site you must agree to and follow the terms and conditions of service (the 'TOS'). These BattlesNBrawls TOS are meant to be used in conjunction with the BattlesNBrawls Privacy Policy. Unless specifically mentioned, the following statements apply to all BattlesNBrawls partners and affiliates. 1. What You Are Agreeing To. A.BattlesNBrawls provides its Site and its service to you, subject to these TOS. Your use of the Site lets us know that you accept these TOS. BattlesNBrawls reserves the right, in its sole and absolute discretion, to change this TOS at any time. Changes will be put up on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. BattlesNBrawls will strive to let our users know that changes to this TOS have been made, but is in no way obligated to do so. BattlesNBrawls may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. BattlesNBrawls hereby specifically disclaims responsibility for your failure to read any third party terms of service. B. You understand that when using the BattlesNBrawls Service you will be exposed to content BattlesNBrawls ('Videos') from a variety of sources, and that BattlesNBrawls is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such BattlesNBrawls Content. You further understand and acknowledge that you may be exposed to BattlesNBrawls 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 BattlesNBrawls with respect thereto. Apart from content produced by BattlesNBrawls , BattlesNBrawls does not endorse any BattlesNBrawls Content or any opinion, behavior, recommendation or advice expressed therein, and BattlesNBrawls expressly disclaims any and all liability in connection with BattlesNBrawls Content. If notified by a User or a content owner of BattlesNBrawls Content that allegedly does not conform to this Terms of Service,BattlesNBrawls may investigate the allegation and determine in its sole and absolute discretion whether to remove the BattlesNBrawls Content, which it reserves the right to do at any time and without notice. BattlesNBrawls Content may include, but is not limited to, live broadcasts, live chats, messages, blogs and posts. 2. Who Can Use BattlesNBrawls. A. Those that are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction can use this Site. In no such case are you qualified for our services if you are under the age of 14. Void where prohibited. B. In order to use the services, you must first agree to and accept the Terms. In other words, if you do not agree to our Terms, you cannot use the services. You can accept the Terms by i) clicking to accept or agree to the Terms where this option is made available to you when registering for a BattlesNBrawls account or ii) by actually using BattlesNBrawls . Once you use our services, BattlesNBrawls will treat your use as acceptance of these Terms from that point forward. 3. Your Registration Data. To use BattlesNBrawls you agree to: (a) provide true, accurate, current and complete information about yourself as requested by BattlesNBrawls registration form ('Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BattlesNBrawls has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BattlesNBrawls has the right to suspend or terminate your account, remove your videos and refuse any and all current or future use of the Site (or any portion thereof). 4. A Description of Our Services. BattlesNBrawls provides functionality to give our users the tools to message, upload videos, broadcast live video ('LiveShows') and share photo and video on their own personalized channels. BattlesNBrawls manages and maintains the software and infrastructure of personalized and customized video channel portals for your and community use. You agree that in order to provide you this service and in order to keep it free, BattlesNBrawls can place advertisements into any interface provided for by the BattlesNBrawls software or the Site. This includes your channel, other channels and all BattlesNBrawls created channel. Such advertisements are under BattlesNBrawls sole and absolute control and may not be removed for any reason. 5. Reservation of Rights. BattlesNBrawls reserves the right to manage the content on our home page and feature pages, including but not limited to 'Featured Video', 'Featured Director', 'Latest Video,' 'Hot Channels,' 'Most Viewed,' 'Most Recent,' and 'Most Discussed,' pages at our sole and exclusive discretion. 6. Ownership of Content / Limited License to BattlesNBrawls. A. We consider all content uploaded to BattlesNBrawls servers the property of the person who uploaded it. Therefore, you should ONLY upload content that you have created, you own, you have a license from a third party to upload the specific content on the internet, or content that is in the public domain. This includes all elements contained in your content. Content includes, but is not limited to: texts, images (both moving and still), photographs, music, and sounds. You assume all risk and responsibility for determining whether the content uploaded meets with the requirements of this paragraph. This is your unique channel. Be unique and use your own content, not only will it make your channel personalized, but it will also keep you from breaking the law. B. You hereby grant BattlesNBrawls a limited, non-exclusive, perpetual, transferable, assignable, fully paid-up, royalty-free, worldwide license to encode, compress, convert, host, distribute, transfer, perform, reproduce, display, and otherwise exploit your content over the Site and to use such content for advertisement purposes as BattlesNBrawls sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. Such license will apply to any form, media, or technology now known or hereafter developed. You represent and warrant that you are authorized to grant to BattlesNBrawls all rights set forth in the preceding sentence. In order to revoke this license granted to BattlesNBrawls, simply remove your content. C. If you are or become a LiveShow Broadcaster, subject to your compliance with the terms and conditions set out in this Terms of Service, BattlesNBrawls hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the BattlesNBrawls Service for the uploading and distributing of authorized LiveShow Content. Content is uploaded at your own risk. Notwithstanding any obligations hereunder of BattlesNBrawls to protect BattlesNBrawls Content, BattlesNBrawls cannot guarantee that there will be no unauthorized copying or distribution of LiveShow Content nor will BattlesNBrawls be liable for any copying or usage of the LiveShow Content not authorized by BattlesNBrawls. D. Subject to section 6(E), below, the foregoing license granted by you terminates as to a specific piece of LiveShow Content once you remove or delete such LiveShow Content from the BattlesNBrawls Service. E. By distributing or disseminating LiveShow Content through the BattlesNBrawls Service, you hereby grant to each User of the BattlesNBrawls Service that is authorized to access your LiveShow Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your LiveShow Content. 7. Other Prohibited Content. A. You agree not to use the BattlesNBrawls Service for any purposes other than to disseminate or receive original, appropriately licensed content, content that conforms with these TOS, and/or to access the BattlesNBrawls Service as such services are offered by BattlesNBrawls. B. In exchange for your use of BattlesNBrawls you also agree that you will not post offensive sexual content or attacks on other people or things that slander, defame, threaten, insult or harass another person, content that might identify another user without their permission, spamming material, unsolicited advertising, viruses or corrupt files, other content that BattlesNBrawls deems, in its sole and absolute discretion, to be inappropriate for this Site. C. BattlesNBrawls is intended for use by a general audience including children as young as 14 years of age. Sexually explicit content is prohibited on this website. The traffic data and personal information of BattlesNBrawls members who post sexually explicit material may be reported to law enforcement authorities for the unlawful transmission of sexually explicit material to minors. D. BattlesNBrawls reserves the right to investigate and take appropriate action against anyone who, in BattlesNBrawls sole discretion, violates this provision, including without limitation, removing the offending communication from the BattlesNBrawls Site, terminating the Membership of such violators, and pursuing appropriate legal action. Prohibited Content on the Site includes, but is not limited to, Content that is: (1) racist, hate or threatens physical harm of any kind against any group or individual; (2) meant to harass another person; (3) exploits sex in a violent manner; (4) contains nudity; (5) solicits personal information from anyone; (6) provides personal information about another person; (7) encourages others to break the law or engage in illegal activities; (8) promotes unauthorized copying of another person's copyrighted work; (9) involves the transmission of 'junk mail,' or spam. E. You may not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the BattlesNBrawls Service account of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the BattlesNBrawls Service, or perform any other similar fraudulent activity F. By using the BattlesNBrawls Service, you further agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials referenced in paragraph 19, below. G. Solely you are responsible for your interactions with other BattlesNBrawls users. BattlesNBrawls has no obligation to monitor disputes between you and other users but reserves the right to do so.BattlesNBrawls makes it possible for you to display your individuality through your own channel; don't try to take away another person's enjoyment of their own unique channel as well. 8. Other Prohibited Conduct That Interferes With the Site. You may not: (1) remove, circumvent, disable, damage or otherwise interfere with security-related features of the BattlesNBrawls Service or LiveShow Content, features that prevent or restrict use or copying of any content accessible through the BattlesNBrawls Service, or features that enforce limitations on the use of the BattlesNBrawls Service or LiveShow Content; (2) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BattlesNBrawls Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (3) modify, adapt, translate or create derivative works based upon the BattlesNBrawls Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (4) use any robot, spider, scraper, or other automated means to access the BattlesNBrawls Service to aggregate or customize our features and our users' info, or for any other purpose or to bypass any measures BattlesNBrawls may use to prevent or restrict access to the BattlesNBrawls Service; (5) manipulate identifiers in order to disguise the origin of any LiveShow Content transmitted through the Service; or (6) interfere with or disrupt the BattlesNBrawls Service or servers or networks connected to the BattlesNBrawls Service, or disobey any requirements, procedures, policies or regulations of networks connected to the BattlesNBrawls Service. 9. Your Use of the Site / Our Limitation of Liabilty. You agree to manage and maintain content on the system in a legal and respectful manner that follows this TOS. You further agree that BattlesNBrawls is not liable for content uploaded and distributed by you. BattlesNBrawls hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state copyright law, trademark law, patent or trade secret law, state privacy law and content that is otherwise libelous or defamatory. BattlesNBrawls is not responsible for the conduct, whether online or offline, of any user of the BattlesNBrawls services. In other words, if you break the law, it's your fault. 10. A Special Note to Parents. While BattlesNBrawls is not liable for any content that may be indecent or objectionable and its content is intended for users 14 years of age and older, BattlesNBrawls encourages parents to monitor their children's use of the internet. It is up to parents to properly supervise their children's on-line activities. There are filtering tools and parental control software available on-line to assist parents with monitoring their children's on-line activity. 11. Our Cancellation Policy. You are free to cancel your BattlesNBrawls account at any time. Cancellation requests must be sent via email from the contact address for the account to help@BattlesNBrawls.com 12. Our Termination of Service / Removal Policy. We reserve the right to temporarily deactivate or permanently remove any BattlesNBrawls account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse. 13. Another Limitation of Liability / Our Disclaimer of Warranties. BattlesNBrawls attempts to ensure that Service and the Site are available at all times. However, service is provided 'as-is' and 'as available' Neither BattlesNBrawls nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with BattlesNBrawls service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, BattlesNBrawls makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user. 14. Our Notice Display Policy / Third Party Advertisements. Any 'Powered by BattlesNBrawls' messages at the bottom of BattlesNBrawlspages and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears. Failure to comply with this provision will also constitute grounds for account deactivation. 15. Our Server Downtime Policy. While BattlesNBrawls attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above. 16. Some Words about BattlesNBrawls Interface and Functionality. BattlesNBrawls strives to create a reliable, powerful and easy to use interface. As such BattlesNBrawls reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. BattlesNBrawls will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that is in development, but is under no obligation to do so. Some changes may be made without your consent or notification. 17. Your User Account, Password and Security. You should receive a password and account designation upon completing the BattlesNBrawls registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BattlesNBrawls of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. BattlesNBrawls cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Remember, this is your unique channel, don't allow someone else the opportunity to tamper with your channel and risk having BattlesNBrawls remove your channel. 18. Important Privacy Info. Information that you provide at registration, as well as certain other information about you, is subject to the BattlesNBrawls Privacy Policy. 19. What We Consider Our Intellectual Property. BattlesNBrawls,BattlesNBrawls.com and BrawlsNBattles.com are the intellectual property of Uptown On The Rise llc. All rights are reserved. Furthermore, the BattlesNBrawls Service is owned and operated by BattlesNBrawls. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the BattlesNBrawls Service provided by BattlesNBrawls (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 LiveShow Content that are provided and owned by Users, all Materials contained on the BattlesNBrawls Service are the property of BattlesNBrawls or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BattlesNBrawls or its affiliates and/or third-party licensors. Except as expressly authorized by BattlesNBrawls, 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. BattlesNBrawls reserves all rights not expressly granted in this Terms of Service. 20. Indemnification. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BATTLESNBRAWLS.COM, LIVEUNIVERSE, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST BATTLESNBRAWLS.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 THIS TOS, 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 ACCOUNT; (C) A VIOLATION OF THE TOS 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. 21. The Law That Governs This / Miscellaneous. This TOS shall be construed in accordance with the laws of the State of PA. and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of PHILADELPHILA PA . The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control. 22. This is the Entire Agreement about These TOS. This TOS constitutes the entire Agreement relating to the TOS only between you and BattlesNBrawls with respect to use of the Site. However, there may be other agreements found throughout our site that your acceptance to is necessary for your continued use (i.e. Director Members, Terms of Use). This TOS supersedes any prior agreements, oral or written, between you and BattlesNBrawls relating to the TOS. 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 TOS shall not be binding on BattlesNBrawls. You also may be subject to additional terms and conditions that may apply when you use affiliate or other BattlesNBrawls services, third-party content or third-party software. 23. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement. 24. 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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 25. Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect. 26. Report Violations. Please report any violations of this TOS to BattlesNBrawls at the following : HELP@BATTLESNBRWLS.COM