Effective date: March 21, 2013
2. Your Content License to Brabble; Use of Brabble Materials.
You may upload audio and/or video content and textual content to the Brabble Service. You understand that whether or not such content is displayed on the Brabble Service, and whether or not You restrict access to such content to certain individuals, we do not guarantee any confidentiality with respect to such content. You retain ownership rights in any content You may upload or put on the Brabble Service, subject to any materials or elements owned or controlled by Brabble or any third parties affiliated with Brabble which you may add to your content. You uploading content to the Brabble Service will not limit or otherwise affect what You may do with it on Your own, or what You may permit parties other than Brabble to do with it.
When You upload Your content to the Brabble Service, You are granting to Brabble and its affiliates (and to third parties authorized by Brabble) a non-exclusive perpetual, irrevocable, royalty-free, transferable, sublicenseable, worldwide license to host, copy, exhibit, cache, reformat, modify, adapt, prepare derivative works of, store, publish, translate, reproduce, distribute, transmit, publicly perform, publicly display, and otherwise use and re-use that content in and in connection with the Brabble Service, as well as in related advertising and promotion, by and through any and all means and media, both now known and later invented or discovered including (without limitation) the right to make Your content available on third party websites. This right includes (without limitation) the right to compile Your content with the content of others and use it, and permit others to use it, in that form.
You understand that Brabble may permit its viewers to view, copy and share audio and/or video content and textual content on the Brabble Service, which is displayed or located in the public viewing areas (the “public content”), provided they abide by Brabble’s rules. Accordingly You agree that under this license, we may permit visitors to the Brabble Service to copy Your public content, share the same with whomever they please, and invite them to share it with whomever they please. In this regard, you give us your permission to add the Brabble onscreen logo to transmissions of Your public content so that any copy will identify Brabble as the source.
Brabble also shall have the right under this license to index Your public content and other information and make it available to web spiders and crawlers, for purposes of facilitating and encouraging links to, and use of, the Brabble Service by others.
Brabble may make available to You certain materials owned or controlled by Brabble or third parties affiliated with Brabble, including advertisers and sponsors, which materials incorporate branded content and/or links to branded media or third party content not part of the Brabble Service, including, without limitation, Brabble hashtags (collectively, “Brabble Materials”), and You hereby acknowledge and agree that (a) You shall not be entitled to any compensation in connection with any use of such Branded Materials, and (b) Your content containing such Branded Materials may be displayed publicly both within and across the Brabble Service as well as distributed outside Brabble across web distribution platforms, channels and publishers.
3. Permission to Use Names, Images and Third Party Property.
4. Improper Use of the Brabble Service.
You may not upload to the Brabble Service any content, including audio and/or video content and textual content, that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, terroristic, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark, trade secret or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule. You remain solely responsible for all such content, and Brabble disclaims all liability relating to it. Brabble may remove content from the Site for any reason, and reserves the right to edit or otherwise modify content that You upload to cause it to conform to Brabble’s policies, all in its sole and absolute discretion. Ordinarily, however, Brabble will not modify Your content, except as follows: (a) to add a Brabble identifier as it plays unless You otherwise permit us to do so, and (b) to modify meta data You submit, including but not limited to meta tags, descriptive language, search terms, category and keyword modifiers.
At no time will You upload to the Brabble Service any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware.
You may not use the Brabble Service in any manner that could damage, disable, overburden, or impair the Brabble Service or interfere with any other party’s use and enjoyment of it. You may not attempt to gain unauthorized access to the Brabble Service, to accounts other than Your own, or to computer systems or networks connected to the Brabble Service, through hacking, use of third party passwords, or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Brabble Service.
You may not impersonate others through the Brabble service in a manner that does or is intended to mislead, confuse, or deceive others.
You may not buy or sell Brabble usernames.
Brabble does not endorse any content submitted to the Brabble Service by users of the Brabble Service, or any opinion, recommendation, or advice expressed therein, and Brabble expressly disclaims any and all liability in connection with such submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Brabble Service and we will remove all content if properly notified that such content infringes on the intellectual property rights of a third party. We reserve the right to remove content on the Brabble Service without prior notice.
5. Right to Terminate or Suspend.
6. Member Account, Password, and Security.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security at the following email address: email@example.com. Brabble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Brabble or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
7. Authorization for Use of Information.
You hereby authorize Brabble to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Software for purposes of your use of the Brabble Service.
8. Locations Outside the United States.
Brabble makes no representation that the contents of the Brabble Service, including any transactions offered, are appropriate or authorized in locations other than the United States of America. Those who choose to access the Brabble Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.
9. Linked Content.
Brabble may provide, or third parties may provide, links to other web sites or resources on the Brabble Service. Brabble has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to You or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources. In addition, Brabble will not and cannot censor or edit the content of any third-party site. Also, Brabble shall not be liable to You or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. By using the Brabble Service, you expressly relieve Brabble from any and all liability arising from your use of any third-party website.
11. Warranties and Disclaimers.
YOUR USE OF THE BRABBLE SERVICE IS AT YOUR SOLE RISK. THE BRABBLE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRABBLE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BRABBLE MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE BRABBLE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BRABBLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRABBLE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BRABBLE SERVICE WILL MEET YOUR EXPECTATIONS.
YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE BRABBLE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU UNDERSTAND AND AGREE EXPRESSLY THAT BRABBLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRABBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BRABBLE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BRABBLE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT YOU UPLOAD, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BRABBLE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE BRABBLE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DMCA Compliance / Copyright Agent.
Brabble respects the intellectual property of others, and asks its users to do the same. If You are a copyright owner or an agent thereof, and you believe that any content used on or in connection with the Brabble Service infringes Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Brabble’s Copyright Agent the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
3. 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 Brabble to locate the material;
4. Information reasonably sufficient to permit Brabble to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
5. A statement that You have a good faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law;
6. 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 copyright owner of an exclusive right that is allegedly infringed.
Brabble’s Copyright Agent for notice of claims of copyright infringement on its Service is Craig Abbot, who can be reached as follows:
1 Little 12th Street
6th Floor, Suite 611
New York, NY 10014
Please write “Copyright Agent” in the subject matter box when sending an email or other correspondence. The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.
13. Force Majeure.
Brabble will not be liable to You or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Brabble Service.
14. Release and Indemnity.
The Brabble Service is provided by Brabble Inc., located at 1 Little West 12th Street, 6th Floor, Suite 611, New York, NY 10014; tel: 212-392-4039; email: Hello@Brabble.com .