Last updated on December 23, 2021
CHANGES TO SERVICE AND CONTENT
We reserve the right, at our sole discretion, at any time and from time to time, to modify or discontinue, any Service (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
AGE VERIFICATION; USE OF PERSONAL INFORMATION
You must be at least 16 years of age to access our Site and use the Services. We may request verification of your age or proof of age in connection with your use of all or a portion of the Service. In the event we have a reasonable belief that you are not age 18, we may suspend or terminate your access to the Services.
Each email communication we send you will contain a link permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you need only click the “opt-out” link at the bottom of the email communication. If you have any difficulty opting-out, please let us know by contacting us at [email protected].
PROHIBITED CONTENT AND CONDUCT
- use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without our express prior written approval;
- use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of a person or entity or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material;
- attempt to impersonate another user or any other third-party by selecting or using the name, address, email address or other identifying information belonging to another user or other person, or otherwise;
- upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of our Service, networks, or servers or to another user’s computer;
- post a third-party’s intellectual property without their permission or in violation of their intellectual property rights;
- restrict, inhibit, harass, or attempt to prevent any other user from using and enjoying the Services, or that, in our sole judgment, exposes us, users or any other third-party to any liability, damages, or reputation harm;
- attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Service;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, server, or network;
- disclose or collect personal information of other users, including email addresses, without their consent;
- violate any applicable United States laws or regulations;
- use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from our systems, the Site or the Services; and
- circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.
The Service may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, “User Content”). Upon posting User Content may reside on our servers or on the servers of a third-party. You are solely responsible for the User Content you post or distribute on or through the Services or Site including any information that you transmit to other users and for your interactions with other users. We do not control or endorse the User Content, messages or information submitted, posted, or distributed by users, and we specifically disclaim any responsibility with regard thereto.
You agree not to provide User Content that:
- infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person, or a person’s right to privacy or publicity;
- is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit, or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- contains advertising or a solicitation for commercial gain; or
- contains epithets or other language or material intended to intimidate or to incite violence; or violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Services permit you to post or publish User Content, you agree that your content will be original and that you have the right to post. You grant to Us a royalty-free, non-exclusive, world-wide, irrevocable, transferable license, including the right to sublicense to third-parties without restriction, in perpetuity and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, translate, advertise, publish, sell, distribute, broadcast, utilize, create derivative works of, or otherwise violate any other party’s intellectual property (collectively, “IP Violation”).
You agree not to post about minors including any video or photography posted even if you have permission of their parents or legal guardians. You agree to indemnify, defend, and pay for all royalties, fees and any other monies owing any person by reason of any User Content submitted, posted, or distributed by you to or through the Service or the Site.
OUR CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
“Intellectual Property Rights” means any and all tangible and intangible and now known and hereafter existing: (a) rights associated with works of authorship, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; and (e) all other intellectual and industrial property and proprietary rights including, without limitation, logos, character rights, and rights to remuneration, whether arising by operation of law, contract, license or otherwise.
You agree that except for User Content, all Intellectual Property Rights in the Services are owned or licensed by us and protected to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way commit IP Violation, any of the Company Content, software, and Service. You agree not to copy, redistribute, publish, or otherwise commit an IP Violation for commercial gain any material which you download from the Services without the express prior written permission by us. You further agree that you shall not acquire any ownership rights by downloading content or software from the Site or Service.
The Services may contain the User Content of other users and licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, sell, or otherwise utilize any Company Content, User Content or other content appearing on or through the Site or Service.
EDITING AND BLOCKING CONTENT
You agree that we, in our sole discretion, shall have the right, but not the obligation, to monitor your use of the Service and to edit or remove any material submitted, posted, or distributed on or through the Service or Site for any reason. You agree that we may use the information gathered during such monitoring for any purpose by us, to the fullest extent permitted by law.
We assume no responsibility for monitoring the Site for inappropriate content or conduct. We assume no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing us with the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- 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
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
If you believe that your User Content 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 Content, you may send a counter-notice containing the following information to 12-Gauge Media, 3575 Bridge Rd, Suite 8 #262, Suffolk, VA 23435 or by email at [email protected]:
- your physical or electronic signature;
- identification of the User Content that has been removed or to which access has been disabled and the location at which the User 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 User Content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notice of claims of copyright infringement can be sent to the address and email on our Contact Page.
If a counter-notice is received, you agree that we 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 ten (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 ten to fourteen (10 to 14) business days or more after receipt of the counter-notice, at our sole discretion. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
THIRD-PARTY SERVICES AND LINKS
You agree that we are not responsible for the availability of these third-party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by us of those other websites or online services, the content displayed therein, or the persons associated therewith. You acknowledge that some third-party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive. You agree to access third-party sites at your own risk. You agree that we shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third-party site and you hereby irrevocably waive any and all claims related thereto against us, our parent company, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
LIMITATION OF LIABILITY
DISCLAIMERS; WAIVERS OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WE DISTRIBUTE CONTENT SUPPLIED BY THIRD-PARTIES AND MAY PROVIDE LINKS TO EXTERNAL THIRD-PARTY WEBSITES AND PAGES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US OR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NO CLASS ACTION PARTICIPATION
YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. YOU FURTHER RELINQUISH YOU RIGHT TO ACT AS CLASS REPRESENTATIVE IN ANY CLASS ACTION WHEREIN WE ARE A PARTICIPANT.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
When you visit our Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.