1. INTRODUCTION AND ACCEPTANCE OF TERMS
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined below) contained on the Site (“Content”) is our copyrighted property or the copyrighted property of our licensors. We may change the Site or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site. In addition, you agree not to frame or utilize any framing techniques to enclose any Content without our express written consent.
All names, nicknames and logos of sports leagues, teams, events and/or athletes included in the Content are the property of their respective owners. The use of such names, nicknames and logos is for informational or factual purpose only and does not signify any endorsement, sponsorship or promotion by or association with their owners.
All other logos, trademarks, service marks, trade names, and trade dress that appear on the Site are proprietary to us and/or our licensors (unless indicated otherwise). Any unauthorized use of such logos, trademarks, service marks, trade names, and/or trade dress is strictly prohibited.
“Submissions” means any information or materials that you post, upload, submit, communicate or otherwise distribute (“Communicate”) on or through the Site. You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid-up, royalty-free, sub-licensable and transferable (in whole or part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property and other proprietary rights that you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit any Submissions, in whole or in part, in all media formats and channels now known or hereafter devised 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.
By Communicating any Submission, you represent and warrant as follows:
(a) You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to Communicate the Submission and to grant us the rights and licenses granted in these terms and conditions.
(b) The Submission is not defamatory, abusive, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, sexually explicit or offensive.
(c) The Submission does not harm or threaten to harm any person.
(d) The Submission is not illegal, and the Submission does not encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them.
(e) The Submission does not infringe or violate any right of a third party, including: (i) any copyright, patent, trademark, trade secret or other proprietary or contractual right; (ii) any right of privacy or publicity; or (iii) any confidentiality obligation.
(f) The Submission is not commercial or business-related, and it does not advertise or offer to sell any products or services (whether or not for profit) or solicit others (including solicitations for contributions or donations).
(g) The Submission does not contain a virus or other harmful component, tamper with, impair or damage the Site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Site.
(h) The Submission generally pertains to the designated topic or theme of the relevant portion of the Site and is not antisocial, disruptive or destructive (e.g., “flaming,” “spamming,” “flooding,” and “trolling” as those terms are commonly understood and used on the Internet).
The Site may allow you to create an account to access certain information, materials, functions and/or features or to secure other benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You shall promptly notify us at webmaster@TrueMediaLife.com, of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session. You are entirely responsible for maintaining the confidentiality of your password and account, and you are entirely responsible for any and all activities that occur under your account.
6. PRIVACY AND COLLECTION OF PERSONAL INFORMATION
7. LINKS TO THIRD PARTY SITES
THE SITE, ALL CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SITE, AND ALL PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS TO THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO THE SITE, CONTENT, AND ANY PRODUCTS AND OR SERVICES PROVIDED IN CONNECTION WITH THE SITE.
10. LIMITATION OF LIABILITY
11. JURISDICTION APPLICABLE LAW
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the rights of copyright holders and have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
It is our policy to respond to clear, legally valid notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). If we are notified of alleged copyright infringement in accordance with these requirements, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity, provided that the material may be reinstated according to the counter notification procedure described below.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide a signed (with your physical or electronic signature) statement to our Designated Agent (identified below), as required by 17 U.S.C. § 512(c), that:
• identifies the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works);
• identifies 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 includes information reasonably sufficient to permit us to locate the material;
• includes information reasonably sufficient to allow us to contact you, such as your address, telephone number, and e-mail address;
• includes 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
• includes 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.
Our Designated Agent is:
15. COUNTER NOTIFICATION PROCEDURES
We will take reasonable steps to promptly notify you if we have removed or disabled access your Submission in response to a notice of copyright infringement (e.g., by means of a general notice on the Site, electronic mail to you e-mail address in our records, or by written communication sent by first-class mail to you physical address in our records). In such event, you may make a counter notification pursuant to 17 U.S.C. §§ 512(g)(2) and (3). When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication that includes the following items, as required by 17 U.S.C. § 512(g), to our Designated Agent identified above:
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside of the United States, the Federal District Court for the Northern District of Illinois), and that you will accept service of process from the person who provided the notification of alleged copyright infringement or an agent of such person; and
• your physical or electronic signature.
Last Updated: March 17, 2015 – ViralHeroes