- DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
The Highly Clutch Sites may serve, if we so elect, as a hub for users to post content, participate in contests, and to enjoy the content posted by Highly Clutch and other users (collectively, the “Content”). The Content, our video player, and any other features, tools, materials, or other services offered from time to time by Horseneck through a variety of Access Points (defined below) are referred to collectively as the “Highly Clutch Services.” The term “Access Points” refers to, collectively, the Highly Clutch Sites, applications, and other means through which the Highly Clutch Services may be accessed.
Use of the Highly Clutch Services is subject to compliance with these Terms and any contest rules or other agreements that you enter into with Horseneck with respect to a specific contest or other promotion (each, a “Promotion Agreement”). When there is a conflict between a Promotion Agreement and these Terms, the Promotion Agreement controls. By using any of the Highly Clutch Services, you are agreeing to these Terms.
- CHANGES TO THESE TERMS
We may need to make changes to these Terms for many reasons. You should look at these Terms regularly, which are posted on each of the Highly Clutch Sites and are accessible via a link at the top of every page. If we make a material change to these Terms, we will notify you by posting notice of the change on each of the Highly Clutch Sites. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially posted.
- ACCESS AND USE OF THE HIGHLY CLUTCH SERVICES
3.1 Age Limitations. If you are under the age of 13, you are not permitted to use the Services, register with Horseneck or any of the Highly Clutch Sites, or provide your personal information to Horseneck in any way, shape or form
3.2 Your License. Horseneck is pleased to grant you a non-exclusive limited license to use the Highly Clutch Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any software or other means interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism or other content protection or measure associated with the Content. You may not either directly or through the use of any software or other means copy, download, distribute, modify, display, sell, or transmit the Content. You may not make the Content available via frames or in-line links. In addition, you are prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Highly Clutch video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player.
3.5 Embedding a Video Using the Video Player. Where Horseneck has incorporated an embed option in connection with Content on the Highly Clutch Services, you may embed videos using the video player, provided you do not embed the Video Player on any website or other location that contains, links to, or hosts content that is unlawful, pornographic, obscene, libelous, threatening, vulgar, hateful, racially offensive, encourages criminal conduct, gives rise to civil liability, infringes any right of any third party, or is otherwise inappropriate or objectionable to Horseneck in its sole discretion (collectively, “Unsuitable Material”). Horseneck reserves the right to prevent embedding to any website or other location that Horseneck finds inappropriate or objectionable, as determined by Horseneck in its sole discretion.
3.6 Ownership. You agree that Horseneck owns and retains all rights to the Highly Clutch Services. You further agree that the Content you access and view as part of the Highly Clutch Services is owned or controlled by Horseneck and/or Horseneck’s licensors.
3.7 Your Responsibilities. You will not use the Highly Clutch Services in a way that:
- Violates the rights of others, including trademark, copyright, privacy, publicity, or other proprietary rights;
- Uses technology or other means to access, index, frame or link to the Highly Clutch Services that is not authorized by Horseneck (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
- Involves accessing the Highly Clutch Services through any automated means, including “robots,” “spiders,” or “offline readers”;
- Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Damages, disables, overburdens, impairs, or gains unauthorized access to the Highly Clutch Services, including Horseneck’s servers, computer network, or user accounts;
- Removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Highly Clutch Services;
- Uses the Highly Clutch Services to advertise or promote services that are not expressly approved in advance in writing by Horseneck;
- Violates these Terms or any guidelines or policies posted byHorsneck;
- Interferes with any other party’s use and enjoyment of the Highly Clutch Services; or
- Attempts to do any of the foregoing.
3.8 No Spam/Unsolicited Communications. You may not use the Highly Clutch Services to harvest information about users for the purpose of sending, or to facilitate the sending of, unsolicited bulk or other communications. If you Post (as defined in Section 6 below) or otherwise send spam or other unsolicited communications of any kind through the BroBible Services, you acknowledge that you will have caused substantial harm to Horseneck and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Horseneck $50 for each such unsolicited communication you send through the BroBible Services.
3.9 Additional Terms. In order to participate in certain Highly Clutch Services or access certain Content, you may be notified that it is necessary to agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.10 Suspension/Discontinuation. We may change, suspend, or discontinue some or all of the Highly Clutch Services with respect to any or all users, at any time without notice or liability to you.
- ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Horseneck. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
You are responsible for all use of your account. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Highly Clutch Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at email@example.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes.
We reserve the right to immediately terminate your use of the Highly Clutch Services at any time, without notice or liability, if Horseneck determines in its sole discretion that you have breached these Terms or for any other business reason.
- COLLECTION AND USE OF PERSONAL INFORMATION
- USER MATERIALS, REVIEWS, AND COMMENTS
6.1 Your Posts. As part of the Highly Clutch Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) videos, blogs, reviews, comments, or other materials (collectively, “User Material”). In order to keep the Highly Clutch Services enjoyable for all of our users, you must adhere to the rules below.
You must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Horseneck the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Horseneck will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Horseneck does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Horseneck. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Horseneck a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Highly Clutch Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Horseneck is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Horseneck), fully-paid, royalty-free (meaning that Horseneck is not required to pay you for the use of your User Material), and sublicensable. By Posting your User Material, you also hereby grant each user of the Highly Clutch Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Highly Clutch Services and under these Terms.
6.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Horseneck does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Horseneck. We reserve the right, but have no obligation, to remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Horseneck assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Horseneck with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing legal@brobible with subject line: “Inappropriate User Material”.
- LINKED DESTINATIONS AND ADVERTISING
7.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Horseneck operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Highly Clutch Services, we will not warn you that you have left the Highly Clutch Services and are subject to the terms and conditions (including privacy policies) of another website or destination.
Horseneck is not responsible for the content or practices of any website or destination other than the Highly Clutch Sites, even if it links to any of theB roBible Sites and even if the website or destination is operated by a company affiliated or otherwise connected with Horseneck.
7.2 Advertisements. Horseneck takes no responsibility for advertisements or any third party material Posted on any Access Point where the Highly Clutch Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Highly Clutch Services are between you and the advertiser, and you agree that Horseneck is not liable for any loss or claim that you may have against an advertiser.
Highly Clutch and other Highly Clutch marks, graphics, logos, scripts, and sounds are trademarks of Horseneck. None of the Highly Clutch trademarks may be copied, downloaded, or otherwise exploited.
- UNSOLICITED SUBMISSIONS
It is Horseneck’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Horseneck’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Horseneck creative work, including a film, series, story, title, or concept, would be purely coincidental.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE HIGHLY CLUTCH SERVICES IS AT YOUR OWN RISK. THE HIGHLY CLUTCH SERVICES, INCLUDING THE HIGHLY CLUTCH SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HORSENECK DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE HIGHLY CLUTCH SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL HORSENECK OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “HORSENECK PARTIES”), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HIGHLY CLUTCH SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HORSENECK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HORSENECK PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE HIGHLY CLUTCH SERVICES. HORSENECK RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Highly Clutch Services, including through a link, infringes your copyright, you should notify Horseneck of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Horseneck receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Horseneck’s copyright agent at IPClaims@brobible.com with subject line: “DMCA Takedown Request”. You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Horseneck Media, LLC
2 Greenwich Office Park, 2nd Floor
Greenwich, CT 06831
Fax: (203) 485–0512
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Highly Clutch Services that is reasonably sufficient to enable Horseneck to identify and locate the material; (iv) how Horseneck can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Horseneck has a policy of terminating repeat infringers in appropriate circumstances.
- RESOLUTION OF CLAIMS
In an attempt to find the quickest and most efficient resolution of any issues between you and Horseneck, you and Horseneck agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Horseneck Media, LLC, 2 Greenwich Office Park, 2nd Floor, Greenwich CT 06831 Attn: Legal Department.
- GENERAL INFORMATION
14.1 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Highly Clutch Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, State of California for any claim seeking injunctive relief and/or damages in excess of $15,000.
14.3 No Waiver/Reliance. If we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Highly Clutch’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.