1. Your Acceptance
A. The BroBible service and network (collectively, “BroBible” or “the Service”) are operated by BroBible, LLC (collectively, “us”, “we” or “the Company”). By using and/or visiting this website at http://www.brobible.com/ or the mobile version thereof (collectively, including all content and functionality available through the BroBible.com domain name, the “BroBible Website”, or “Website”), you (the “User”) signify your agreement to (1) these terms and conditions (the “Terms of Service” or “Agreement”), (2) BroBible’s privacy notice, found at http://www.brobible.com/company/privacy and incorporated here by reference, and (3) BroBible’s Community Guidelines, found at http://www.brobible.com/company/forums-guidelines and also incorporated here by reference. If you do not agree to any of these terms, the BroBible privacy notice or the Forums Guidelines, you should not use the BroBible Website.
B. By accessing, subscribing, downloading and/or otherwise using BroBible, you certify that you (a) are at least eighteen (18) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of BroBible or the Website. If the person accessing, subscribing and/or otherwise using the Service under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person’s accessing, subscribing, downloading and/or otherwise using the Service, such person’s parent or legal guardian is deemed to have consented to such person’s entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof.
C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.brobible.com/company/terms-and-conditions). BroBible may, in its sole discretion, modify or revise these Terms of Service 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.
2. BroBible Website
A. These Terms of Service apply to all users of the BroBible Website, including users who are also contributors of textual, photographic, or video content, information, and other materials or services on the Website. The BroBible Website includes all aspects of BroBible, including but not limited to all products, software and services offered via the website.
B. The BroBible Website may contain links to third party websites that are not owned or controlled by BroBible. BroBible has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BroBible will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BroBible from any and all liability arising from your use of any third-party website.
3. BroBible Accounts
A. In order to access some features of the Website, you will have to create a BroBible account. You may never use another’s account without permission. 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 BroBible immediately of any breach of security or unauthorized use of your account.
B. Although BroBible will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BroBible or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
BroBible hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without BroBible’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to BroBible’s “LockerRoom” or any of its related technologies.
C. You agree not to access User Submissions (defined below) or BroBible Content through any technology or means other than the explicitly authorized means BroBible designates.
D. You agree not to use the Website for any commercial use, without the prior written authorization of BroBible. Prohibited commercial uses include any of the following actions taken without BroBible’s express approval:
• sale of access to the Website or its related services (such as the LockerRoom) on another website;
• use of the Website or its related services (such as the LockerRoom), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the BroBible website or any third-party website, targeted to BroBible’s users based upon the content of specific User Submissions or BroBible content;
• and any use of the Website or its related services (such as the LockerRoom) that BroBible finds, in its sole discretion, to use BroBible’s resources or User Submissions with the effect of competing with or displacing the market for BroBible, BroBible content, or its User Submissions. (For more information about prohibited commercial uses, see our Forums Guidelines.)
E. Prohibited commercial uses do not include:
• uploading an original image or video to BroBible to promote your business or artistic enterprise;
• any use that BroBible expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our Forums Guidelines.)
F. You agree not to use the Service or Website to:
• harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
• use automated scripts to collect information from or otherwise interact with the Service or the Website;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, infringing, abusive, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Website.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Company or its users to any harm or liability of any type.
G. 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 BroBible 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. Notwithstanding the foregoing, BroBible grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BroBible reserves the right to revoke these exceptions either generally or in specific cases. 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.
H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, BroBible Forums Guidelines, and all applicable local, national, and international laws and regulations.
I. BroBible reserves the right to discontinue any aspect of the BroBible Website at any time.
5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the BroBible Website.
A. The content on the BroBible Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BroBible, subject to copyright and other intellectual property rights under the law. 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 owners. BroBible reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the BroBible Service; and
• for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the BroBible Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the BroBible Service. 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 BroBible Service or otherwise as prohibited under this Agreement.
D. You may access BroBible Content, User Submissions and other content only as permitted under this Agreement. BroBible reserves all rights not expressly granted in and to the BroBible Content and the BroBible Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the BroBible Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BroBible Website or the Content therein.
G. You understand that when using the BroBible Website, you will be exposed to User Submissions from a variety of sources, and that BroBible 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 BroBible with respect thereto, and agree to indemnify and hold BroBible, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
6. Your User Submissions and Conduct
A. As a BroBible account holder you are solely responsible for the photos, profiles, messages, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Website, or transmit to or share with other users (collectively the “User Submissions”). You may not post, transmit, or share User Submissions on the Website or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or User Submissions in its sole discretion, for any reason or no reason, including without limitation User Submissions that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store on the Website or provide to the Company.
B. When you post User Submissions to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Submissions on the Website. By posting User Submissions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Submissions for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Submissions, and to grant and authorize sublicenses of the foregoing. You may remove your User Submissions from the Website at any time. If you choose to remove your User Submissions, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Submissions.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BroBible, you hereby grant BroBible a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BroBible Website and BroBible’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the BroBible Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BroBible Website 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 these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the BroBible Service. You understand and agree, however, that BroBible may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. 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 BroBible all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the BroBible Forums Guidelines, found at http://www.brobible.com/company/forums-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. BroBible does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BroBible expressly disclaims any and all liability in connection with User Submissions. BroBible does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BroBible will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. BroBible reserves the right to remove Content and User Submissions without prior notice.
BroBible, the LockerRoom and other Company graphics, logos, designs, page headers, button icons, scripts and service names are pending registered trademarks. The Company will enforce all of our rights to our Names and Marks under common law until registration is complete.
8. User Disputes
You are solely responsible for your interactions with other BroBible users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
10. Account Termination Policy
A. BroBible will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. BroBible reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BroBible may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
11. Digital Millennium Copyright Act
A. 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):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.
BroBible’s designated Copyright Agent to receive notifications of claimed infringement is: Douglas Banker, 594 Broadway, Suite 1002, New York, NY, email@example.com. 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 BroBible customer service throughhttp://www.brobible.com/contact/tip-off. 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.
B. 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 San Francisco, 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, BroBible may send a copy of the 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 BroBible’s sole discretion.
A. YOU AGREE THAT YOUR USE OF THE BROBIBLE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BROBIBLE, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BROBIBLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT 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 BROBIBLE WEBSITE. BROBIBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BROBIBLE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BROBIBLE 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.
B. The Company does not and cannot review all Submissions posted to or created by users accessing the Service (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Service (including, but not limited to, the Website), the Company is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. BroBible and its respective subsidiaries, affiliates, successors, assigns, employees, agents, managers, members and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. The Company and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, managers, members and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, BroBible reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to BroBible in its sole discretion.
C. The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Website or the Service or transmitted to Users, or any interactions between users of the Website, whether online or offline.
D. THE WEBSITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT