LEGAL AGREEMENT FOR VIDEO SUBMISSIONS

DIRT DRIFTERS.COM : U.S. RALLY HARDCORE
Video Submission Policy : Terms of Use

1* Your Acceptance
2* DIRTDRIFTERS.COM Video Submission Service
3* Intellectual Property Rights
4* User Submissions
5* Warranty Disclaimer
6* Limitation of Liability


1. Your Acceptance

BY USING AND/OR VISITING THE VIDEO SUBMISSION SERVICE on DIRT DRIFTERS : U.S. RALLY HARDCORE’s WEBSITE (collectively, including all Content available through the BRIGHTCOVE.COM domain name, the "BRIGHTCOVE Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") If you do not agree to any of these terms, then please do not use the VIDEO SUBMISSION SERVICE which is hosted by BRIGHTCOVE.COM on behalf of DIRTDRIFTERS.COM Website.

2. DIRT DRIFTERS Video Submission Service

These Terms of Service apply to all users of the DIRT DRIFTERS Video Submission Service, including users who are also contributors of video content, information, and other materials or services on the Website. The DIRTDRIFTERS.COM Video Submission Service may be linked from third party websites that are not owned or controlled by DIRTDRIFTERS.COM. DIRTDRIFTERS.COM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DIRTDRIFTERS.COM will not and cannot censor or edit the content of any third-party site. By using this Service, you expressly relieve DIRTDRIFTERS.COM from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DIRTDRIFTERS.COM Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Intellectual Property Rights

The content on the DIRTDRIFTERS.COM 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 DIRTDRIFTERS.COM, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. DIRTDRIFTERS.COM reserves all rights not expressly granted in and to the Website and the Content. 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. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the DIRTDRIFTERS.COM Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DIRTDRIFTERS.COM Website or the Content therein.

4. User Submissions

A. The DIRTDRIFTERS.COM Video Submission Service 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. You understand that whether or not such User Submissions are published, DIRTDRIFTERS.COM does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DIRTDRIFTERS.COM to use all patent, trademark, trade secret, copyright 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 Service; 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 Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to DIRTDRIFTERS.COM, you hereby grant DIRTDRIFTERS.COM a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DIRTDRIFTERS.COM Video Submission Service and DIRTDRIFTERS.COM business, including without limitation for promoting and redistributing part or all of the DIRTDRIFTERS.COM Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DIRTDRIFTERS.COM 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 Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the DIRTDRIFTERS.COM Website.

C. In connection with User Submissions, you further agree that you will not: (i) 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 DIRTDRIFTERS.COM all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DIRTDRIFTERS.COM or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially 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. DIRTDRIFTERS.COM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DIRTDRIFTERS.COM expressly disclaims any and all liability in connection with User Submissions. DIRTDRIFTERS.COM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DIRTDRIFTERS.COM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DIRTDRIFTERS.COM reserves the right to remove Content and User Submissions without prior notice. DIRTDRIFTERS.COM 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. DIRTDRIFTERS.COM also 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 and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DIRTDRIFTERS.COM 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.

D. You understand that when using the DIRTDRIFTERS.COM Website, you will be exposed to User Submissions from a variety of sources, and that DIRTDRIFTERS.COM 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 you deem 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 DIRTDRIFTERS.COM with respect thereto, and agree to indemnify and hold DIRTDRIFTERS.COM, 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.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE DIRT DRIFTERS VIDEO SUBMISSION SERVICE ON BRIGHTCOVE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIRT DRIFTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DIRT DRIFTERS 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 DIRTDRIFTERS.COM WEBSITE. DIRTDRIFTERS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DIRTDRIFTERS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIRTDRIFTERS.COM 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.

6. Limitation of Liability

IN NO EVENT SHALL DIRT DRIFTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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, (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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIRTDRIFTERS.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DIRT DRIFTERS 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.

The Website is controlled and offered by rendertank.com from its facilities in the United States of America. Rendertank makes no representations that the Dirt Drifters Website is appropriate or available for use in other locations. Those who access or use the Dirt Drifters Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Copyright © 2007 Dirt Drifters. All rights reserved.

 

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