Terms of Use
Any
reference to AdBlade in these Terms of Use and also our Privacy Policy also
refers to its owners, Cutting Edge Intelligence Ltd.
1. Your Acceptance
By
using and/or visiting this website including any and all content and
functionality available on and through the domain name AdBlade.com ("AdBlade Website", or "Website"), you signify your
agreement to (a) these terms and conditions (the "Terms of Use"), and (b) AdBlade’ privacy notice, found at
http://adblade.vhost.zerolag.com/PrivacyPolicy.aspx and incorporated here by reference. If you
do not agree to any of these terms or the privacy notice, you must immediately discontinue
further use of the AdBlade Website.
AdBlade
may, in its sole discretion, modify or revise these Terms of Use 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. You should periodically review
these terms on http://adblade.vhost.zerolag.com/TermsOfUse.aspx
2. AdBlade Website
These
Terms of Use apply to all users of the AdBlade Website, including contributors
of video content, information, and other materials or services on the Website.
The AdBlade Website may contain links to third party websites that are not
owned or controlled by AdBlade.
AdBlade have no control over, and assume no responsibility for, the content,
privacy policies, or practices of any third party websites. Furthermore, AdBlade
will not and can not censor or edit the content of any third-party site. By
using the Website, you expressly relieve AdBlade and its owners from any and
all liability arising from your use of any third-party website. We recommend that you familiarize yourself
with the terms and conditions and privacy policy of each website you visit.
3. Registration
To
participate within the AdBlade Webite, you must register online with AdBlade at
the AdBlade Website and create a personal, unique and password-protected
account ("Account"). You
will be responsible for safeguarding your Account password. You also take full
responsibility for any actions on the Website performed under your password and
on your Account, whether authorized by you or not. When creating your Account, you
are obliged to provide accurate and complete information.
You acknowledge and agree that AdBlade will have no responsibility or
liability, directly or indirectly, for (i) the availability of the external
websites or resources of AdBlade’ third party affiliates or partners; (ii) the
acts or omissions of, or any damage or loss caused or alleged to be caused by
or in connection with Your use of or reliance on, such third party affiliates
or partners, regarding your Account; or (iii) the failure to deliver notices or
payments that result from inaccurate Account information.
4. Use of the Website
A.
AdBlade hereby grants you permission to use the Website as set forth in this
Terms of Use, provided that: (i) your use of the Website as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or distribute any
part of the Website in any medium without AdBlade’ prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Use.
B.
The creation of an Account is necessary in order to access some features of the
Website. When creating your Account, you are obliged to 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 AdBlade immediately
of any breach of security or unauthorized use of your Account. AdBlade will not
be liable for your losses caused by any unauthorized use of your Account, and you
may be held liable for the losses of AdBlade or others due to such unauthorized
use.
C.
You may never use another's Account without permission. You agree not to
collect or harvest any information regarding other’s Accounts, including personally
identifiable information and other’s Account names, from the Website, nor to
use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions. You agree not to
use bots, spiders or intelligent agent software (or other methods) for any
purpose other than accessing publicly posted portions of the Website and then
only for the purposes consistent with the limited license hereunder and these
Terms of Use.
5. Intellectual
Property Rights
All
text, graphics, music, pictures, multimedia content or other material (“Content”) that you see or read on this Website
and all related code,(except User Submissions as defined below) (the "Materials"), is owned or being
used with permission by AdBlade, and may not be used except as provided in
these Terms of Use. You may download one copy of the Materials on
any single computer for your personal, noncommercial use, provided
you keep intact any copyright and other proprietary notices on the Materials
and do not modify the Materials in any way. You may not modify, reuse, re-post,
or use the Materials for public or commercial purposes, without AdBlade’
written permission. Without limiting the forgoing, you agree not to use the
Materials for any other use or purpose. You further agree that you will not,
and will not attempt to, copy or distribute the Materials, in whole or in part,
to any other party unless specifically permitted by AdBlade or otherwise
violate the single computer, non-commercial, non-transferable, non-exclusive,
limited license, revocable at AdBlade’ discretion, granted hereunder.
The
Materials embodied in the Website are copyrighted under the United States
copyright laws and/or similar laws of other jurisdictions. Without limitation, AdBlade
owns a copyright in the Materials including, without limitation, the selection,
coordination, arrangement and enhancement thereof, as well as in the content
original to AdBlade.
"AdBlade",
the "AdBlade logo", as well as other marks that may appear on the
Site ("Marks"), are the
service and trademarks of AdBlade. All other trademarks, service marks and
logos used on this Website, with or without attribution, are the trademarks,
service marks or logos of their respective owners. You agree not to display or
use, in any manner, the Marks, without AdBlade’ written permission. In
addition, elements of the Website are protected by trade dress and other
federal and state intellectual property laws and may not be copied, reproduced,
downloaded or distributed in any way, in whole or in part, without the written
permission of AdBlade.
6. User Conduct and
Submissions
A.
The AdBlade Website may now or in the future permit the submission of videos or
other communications submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions (“Participation”). You understand that
whether or not such User Submissions are published, AdBlade does not guarantee
any confidentiality with respect to any submissions.
B.
You are solely responsible for your own User Submissions. You are solely responsible for the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize AdBlade to use
all copyright, trademark, patent, trade secret, 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 these Terms of Use;
and (ii) you have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Use.
C.
You retain all of your ownership rights in your User Submissions. By submitting
the User Submissions to AdBlade, you hereby grant AdBlade a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, modify, prepare derivative works of, display, and
perform the User Submissions in connection with the AdBlade Website and AdBlade’
(and its successor's) business, including without limitation for promoting and
redistributing part or all of the AdBlade Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the AdBlade Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of Use.
The foregoing original license granted by you terminates once you remove or
delete a User Submission from the AdBlade Website. However, the licence as
granted above shall be and remain non-revokable and non-terminable as far as
the User Submissions has been sublicensed and/or transferred or otherwise
utilized as contemplated above prior to such deletion / removal.
D.
In connection with using the AdBlade Website as contemplated herein, you
further agree that you will not: (i) submit Content 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 adequate permission from their rightful owner to post the
material and to grant AdBlade all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage AdBlade or any third
party; (iii) submit Content that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially, religiously or
ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise
inappropriate; (iv) post advertisements or solicitations of business: (v)
impersonate another person (vi) submit hyperlinks or other identifiable
references to Content in violation of the foregoing (i)-(v).
E.
AdBlade does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and AdBlade expressly disclaims any and all liability
in connection with User Submissions. AdBlade does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and AdBlade will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's intellectual
property rights. AdBlade reserves the right to remove Content and/or User
Submissions without prior notice. AdBlade will also terminate a User's access
to its Website, if they are determined to be a repeat infringer. A repeat
infringer is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website more than
twice. AdBlade also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use for violations
other than copyright infringement and violations of intellectual property law,
such as, but not limited to, pornography, oe obscene or defamatory material. AdBlade
may remove or make unavailable to the general public such User Submissions,
and/or terminate a User's access to his/her Account and/or the Website, for
uploading User Submissions / Content in violation of these Terms of Use at any
time, without prior notice and at its sole discretion.
F.
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 our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
(i)
Identification of the work(s) claimed to have
been infringed and a statement of ownership to such work(s);
(ii)
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 us to locate the material;
(iii)
Information reasonably sufficient to permit
us to contact you, such as an address, telephone number and e-mail address at
which you may be contacted;
(iv)
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;
(v)
A statement, under penalty of perjury, that
the information in the notification is accurate and that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
and
(vi)
Your physical or electronic signature.
AdBlade’
designated Copyright Agent to receive notifications of claimed infringement is:
Mark Brubaker, The Brubaker Firm, APC, San Juan Corporate Plaza, 30448 Rancho
Viejo Road, Suite 175, San Juan Capistrano, CA 92675, email: copyright@AdBlade.com.
Only
DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to
support@AdBlade.com. You acknowledge that if you fail to comply with all of the
requirements of this Section 5(D), your DMCA notice may not be valid.
F.
You understand that when using the AdBlade Website, you will be exposed to User
Submissions from a variety of sources, and that AdBlade 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 AdBlade with
respect thereto, and agree to indemnify and hold AdBlade, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
G.
AdBlade provides an embeddable player feature (“Embeddable Player”), which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on the
Website, provided that you include a prominent link back to the AdBlade Website
on the pages containing the Embeddable Player. AdBlade reserves the right to
discontinue any aspect of the AdBlade Website at any time.
7. Commercial Terms
You
may be able to generate revenue through Participation as a contestant through
submitting video content that is part of a competition or has advertising
embedded. Should you participate in such
a competition, you will have to agree to separate terms for such Participation.
8. Warranty Disclaimer
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CURRENT DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND ANY WEBSITE-RELATED
MATERIALS. IN ADDITION, AdBlade DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE 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. UNDER NO
CIRCUMSTANCES WILL AdBlade BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING,
BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED,
EMAILED OR OTHERWISE TRANSMITTED VIA THE WEBSITE. AdBlade DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE AdBlade WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND AdBlade 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.
9. Limitation of
Liability
IN
NO EVENT SHALL AdBlade, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING
SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE AdBlade PRODUCTS, YOUR
PARTICIPATION IN THE AdBlade PARTNER PROGRAM OR USE OF ANY MATERIALS AVAILABLE
TO YOU FROM OR THROUGH THE AdBlade PARTNER PROGRAM (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR
NOT AdBlade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AdBlade'
LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO AdBlade FOR THE AdBlade PRODUCTS OR PARTICIPATION IN THE AdBlade PARTNER
PROGRAM.
YOU
SPECIFICALLY ACKNOWLEDGE THAT AdBlade 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.
10. Indemnity
You
agree to defend, indemnify and hold harmless AdBlade, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of
and access to the AdBlade Website; (ii) your violation of any term of these
Terms of Use; (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 these Terms of Use and your use of the AdBlade
Website.
11. Ability to Access
the Website
In
compliance with the Children's Online Privacy Protection Act (COPPA), we are a
general audience site and do not intend to collect any personally identifiable
information from children under 13 years of age, unless we believe such
collection to be permitted by law. Our Website targets an audience that is over
the age of 18 and some content may not be appropriate for all ages. Parental
supervision is recommended. If you are the parent or guardian of a child under
13 and believe that he or she has disclosed personally identifiable information
to us, please contact us at support@AdBlade.com. Upon request, the parent or
guardian of a child under 13 may review and request the deletion of such
child's personally identifiable information, as well as refuse to permit the
further collection or use of such information.
12. Change of Terms
AdBlade
reserves the right to change or modify these Terms of Use at any time. These
Terms of Use shall not be modified except in writing, as posted on this Website
by AdBlade. Any change or modification made by AdBlade will be effective
immediately upon posting on the Website and your continued use of the Website
means that you have agreed to accept any changes or modifications made by AdBlade.
You should therefore periodically visit this page to review the most recent
Terms of Use.
13. Other
You
agree that: (i) the AdBlade Website shall be deemed solely based in California;
and (ii) the AdBlade Website shall be deemed a passive website that does not
give rise to personal jurisdiction over AdBlade, either specific or general, in
jurisdictions other than California. These Terms of Use shall be governed by
the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Any claim or dispute between you and AdBlade that
arises in whole or in part from the AdBlade Website shall be decided
exclusively by a court of competent jurisdiction located in Los Angeles County,
California. These Terms of Use, together with the Privacy Notice at http://www.AdBlade.com/about/privacy
and any other legal notices published by AdBlade on the Website, shall
constitute the entire agreement between you and AdBlade concerning the AdBlade Website.
If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. No waiver of any term of this these Terms of Use
shall be deemed a further or continuing waiver of such term or any other term,
and AdBlade’ failure to assert any right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. Unless expressly
otherwise stated or evident in the context, the capitalised terms appearing in
these Terms of Use and the Privacy Policy shall have the unique intension as
appearing before the term being originally capitalised in bold type. The
singular where appropriate, shall include the plural and vice versa. The
headers are for reference only and shall not limit or otherwise alter the
interpretation of the terms as set forth in this document.
YOU
AND AdBlade AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AdBlade
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.