2. Although Street Rebuttal may attempt to notify you when major changes are made to the Agreement, you should periodically review the most up-to-date version. Street Rebuttal may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. The Agreement applies to all users of the Street Rebuttal Website, including, without limitation, users who are also contributors of video content, information, comments, and other materials or services on the Website. The Street Rebuttal Website includes all aspects of Street Rebuttal, including, without limitation, all products, software and services offered via the Website, and other applications and exploitations thereto.
2. The Street Rebuttal Website may contain links to third party websites that are not owned or controlled by Street Rebuttal. Street Rebuttal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Street Rebuttal will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Street Rebuttal, its affiliates, its licensors or licensees, sponsors and advertisers connected with Street Rebuttal, their respective parents, subsidiaries, successors and assigns, and their respective officers, directors, employees, licensors or agents, from any and all liability arising from your use of any third-party website.
1. In order to access some features of the Website, you will have to create a Street Rebuttal account. You may never use another's account without permission. It is a condition precedent of the Agreement that when creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Street Rebuttal immediately of any breach of security or unauthorized use of your account.
2. Although Street Rebuttal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Street Rebuttal or others due to such unauthorized use.
Street Rebuttal hereby grants you permission to access and use the Website as set forth in the Agreement, provided that:
1. You agree not to distribute in any medium any part of the Website, including, without limitation, User Submissions (defined below), without Street Rebuttal's prior written authorization.
2. You agree not to alter or modify any part of the Website or any of its related technologies.
3. You agree not to access User Submissions (defined below) or Street Rebuttal Content (defined below) through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Street Rebuttal may designate.
4. You agree not to use the Website or any element thereto for any commercial use without the prior written authorization of Street Rebuttal. Prohibited commercial uses include any of the following actions taken without Street Rebuttal's express written approval:
a. Sale of access to the Website or its related services on another website;
b. Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
c. The sale of advertising, on the Street Rebuttal Website or any third-party website, targeted to the content of specific User Submissions or Street Rebuttal Content; and
d. Any use of the Website or its related services that Street Rebuttal finds, in its sole discretion, to use Street Rebuttal's resources or User Submissions with the effect of competing with or displacing the market for Street Rebuttal, Street Rebuttal Content, or its User Submissions.
5. Prohibited commercial uses do not include:
a. Uploading an original video to Street Rebuttal, or maintaining a personal account on Street Rebuttal;
b. Any use that Street Rebuttal expressly authorizes in writing.
6. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Street Rebuttal servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
7. In your use of the Website, you agree to otherwise comply with the terms and conditions of the Agreement, and all applicable local, national, and international laws and regulations.
8. Street Rebuttal reserves the right to discontinue any aspect of the Street Rebuttal Website at any time and for any reason.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Street Rebuttal Website.
1. The content on the Street Rebuttal Website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, artwork, photographs, audio and sounds, music, videos, interactive features and the like (collectively, "Content") and the trademarks, service marks and logos contained therein (collectively, "Marks"), are owned by or licensed to Street Rebuttal, subject to copyright and other intellectual property rights under the law. Street Rebuttal is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner or as otherwise expressly permitted hereunder. You acknowledge that no ownership rights are acquired by downloaded copyright material. Street Rebuttal reserves all rights not expressly granted in and to the Website and the Content.
2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Street Rebuttal Website. You shall not copy, download and/or link any User Submission unless you see a “download” or similar link displayed by Street Rebuttal on the Street Rebuttal Website for that User Submission.
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Street Rebuttal Website. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Street Rebuttal Website or otherwise as prohibited under this Agreement.
4. You may access Street Rebuttal Content, User Submissions and other content only as permitted under this Agreement. Street Rebuttal reserves all rights not expressly granted in and to the Street Rebuttal Content and the Street Rebuttal Website.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Street Rebuttal Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Street Rebuttal Website or the Content therein.
7. You understand that when using the Street Rebuttal Website, you will be exposed to User Submissions from a variety of sources, and that Street Rebuttal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Street Rebuttal with respect thereto, and agree to indemnify and hold Street Rebuttal, its affiliates, its licensors or licensees, sponsors and advertisers connected with Street Rebuttal, their respective parents, subsidiaries, successors and assigns, and their respective officers, directors, employees, licensors or agents, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
1. As a Street Rebuttal account holder you may submit, without limitation, video content ("User Videos"), textual content ("User Comments"), messages, ideas, concepts, suggestions, stories, artwork, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, and/or other biographical information or material; all of the foregoing are collectively referred to as "User Submissions." Solicited User Submissions are those that Street Rebuttal invites and/or enables you to provide to Street Rebuttal via any feature or activity on Street Rebuttal for review, display or informational purposes, and unsolicited User Submissions are everything else. Street Rebuttal’s policy does not allow it to accept unsolicited User Submissions so please refrain from distributing unsolicited User Submissions on the Website. In any event, you understand that any User Submission is not being made in confidence or trust and no confidential or fiduciary relationship is intended or created between you and Street Rebuttal in any way, and that you have no expectation of any review, compensation, or consideration of any type.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Street Rebuttal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Agreement.
3. By posting or uploading any User Submissions to Website, you automatically and irrevocably:
a. Grant Street Rebuttal, or warrant that the owner of such material has expressly granted to Street Rebuttal, and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Street Rebuttal Website, on third party Web sites, on broadcast and cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
b. Waive any and all “moral rights,” “ancillary rights,” or similar rights in or to the User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted;
c. Appoint Street Rebuttal as your agent with full power to enter into any document and/or do any act Street Rebuttal may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
d. Warrant that you are the owner of the User Submissions and entitled to enter into the Agreement;
e. Confirm that no such User Submissions will be subject to any obligation, of confidence or otherwise, to you or any other person and that Street Rebuttal shall not be liable for any use or disclosure of such User Submissions.
You also hereby grant each user of the Street Rebuttal Website (“User”) a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under the Agreement.
4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Street Rebuttal all of the license rights granted herein. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any harm resulting from such a submission.
5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the community guidelines herein.
6. Street Rebuttal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Street Rebuttal expressly disclaims any and all liability in connection with User Submissions. Street Rebuttal does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Street Rebuttal will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Street Rebuttal reserves the right to remove Content and User Submissions without prior notice.
7. You agree in the event that Street Rebuttal receives a subpoena issued by a court or from a law enforcement or government agency, it shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
1. Street Rebuttal will terminate a User's access to its Website if, under any circumstances, they are determined to be a repeat and/or egregious infringer of the Agreement.
2. Street Rebuttal reserves the right to decide in its sole discretion whether Content or a User Submission is appropriate and complies with the Agreement for violations other than copyright infringement, such as, without limitation, pornography, obscene, vulgar, profane or otherwise objectionable material, defamatory material, invasions of privacy or publicity rights, falsehoods or misrepresentations that could damage Street Rebuttal or any other party, a User Submission that is unlawful, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, disregards any policies or regulations established from time to time regarding the use of this Website, is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or is otherwise inappropriate. Street Rebuttal may remove such User Submissions and/or terminate a User's access for uploading such material in violation of the Agreement and these community guidelines at any time, without prior notice and at its sole discretion. Street Rebuttal cannot and does not assure that other Users are or will be complying with the foregoing guidelines or any other provisions of the Agreement, and, as between Street Rebuttal and you, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
3. This Agreement may be terminated by Street Rebuttal at any time for any or no reason.
1. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Street Rebuttal’s copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Street Rebuttal's designated copyright agent to receive notifications of claimed infringement is: Gary Hecker, 1925 Century Park East, Ste. 2300, Los Angeles, CA 90067, email: email@example.com, fax: 310-531-7356. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the copyright agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the copyright agent, Street Rebuttal may send a copy of counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Street Rebuttal's sole discretion.
YOU AGREE THAT YOUR USE OF THE STREET REBUTTAL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STREET REBUTTAL, ITS AFFILIATES, ITS LICENSOR OR LICENSEES, SPONSORS AND ADVERTISERS CONNECTED WITH STREET REBUTTAL, THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE RELEASED PARTIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STREET REBUTTAL WEBSITE OR OTHER STREET REBUTTAL BUSINESSES. STREET REBUTTAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STREET REBUTTAL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STREET REBUTTAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IF YOU RELY ON STREET REBUTTAL AND ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
IN NO EVENT, INCLUDING NEGLIGENCE, SHALL STREET REBUTTAL, ITS AFFILIATES, ITS LICENSORS OR LICENSEES, SPONSORS AND ADVERTISERS CONNECTED WITH STREET REBUTTAL, THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGESWHATSOEVER OR OF ANY KIND RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT AND/OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STREET REBUTTAL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT STREET REBUTTAL DOES NOT UNDERTAKE TO MONITOR OR REVIEW COMMENTS OR FORUMS, AND SUCH CONTENT IS NOT THE RESPONSIBILITY OF STREET REBUTTAL, AND STREET REBUTTAL AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Street Rebuttal from its facilities in the United States of America. Street Rebuttal makes no representations that the Street Rebuttal Website is appropriate or available for use in other locations. Those who access or use the Street Rebuttal Website from other jurisdictions do so at their own volition and risk, and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Street Rebuttal and the Released Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorney's fees) arising from: (i) your use of and access to the Street Rebuttal Website; (ii) your violation of any term of the Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Street Rebuttal Website. Street Rebuttal reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under the Agreement. In such event, you shall provide Street Rebuttal with such cooperation as it reasonably requests.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Street Rebuttal without restriction.
Street Rebuttal is a distributor,not a publisher, of any and all content supplied by third parties and Users of Street Rebuttal. Accordingly, Street Rebuttal has no more editorial control over such content than does a bookstore, newsstand, or public library. Any opinions, advice, statements, or other information or content expressed or made available by third parties or any other Users of Street Rebuttal are those of the respective author(s) or distributor(s) and not of Street Rebuttal. Neither Street Rebuttal nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, not its fitness for any particular purpose. Street Rebuttal neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Street Rebuttal by anyone other than authorized Street Rebuttal employee spokespersons while acting in their official capacities. Under no circumstances will Street Rebuttal be liable for any loss or damage caused by a User’s reliance on information obtained through Street Rebuttal. It is the responsibility of each User of Street Rebuttal to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Street Rebuttal.