Terms & Conditions
1. Your Acceptance
BY USING OR VISITING AWESOME NATION
(“Website”), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO
(1) THESE TERMS AND CONDITIONS (the “Terms & Conditions”), AND (2) AWESOME
NATION’S PRIVACY POLICY at http://awesomenation.blogspot.com/p/privacy-policy.html
These Terms & Conditions apply to all users of the Website. If you do not
agree to these Terms & Conditions, the Privacy Policy, then please do not
use the Website.
2. Links
The Website may contain links to third
party websites that are not owned or controlled by Awesomenation. Awesomenation
is not affiliated with those websites, has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Awesomenation will not and cannot censor or edit
the content of any third-party site. For advertisements, we hold the right to reject
or request changes for any advertisements on Awesomenation for any reason. By
using the Website, you expressly release Awesomenation from any and all
liability arising from your use of any third-party website. Accordingly, we
encourage you to be aware when you have left the Website and to read the terms
and conditions and privacy policy of each other website that you visit.
3. Website Access
Awesomenation hereby grants you permission
to use the Website, provided that: (i) your use of the Website is solely for
your personal, noncommercial use; (ii) you will not copy, distribute or modify
any part of the Website withoutAwesomenation’s prior written authorization;
(iii) you will not send unsolicited or unauthorized advertisements, spam, chain
letters, etc., (iv) you will not transmit any Content which contains software
viruses, or other harmful computer code, files or programs; (v) you will not
disrupt servers or networks connected to the Website; and (vi) you comply with
these Terms & Conditions. In order to access some features of the Website,
you will have to create an 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 Awesomenation
immediately of any breach of security or unauthorized use of your account. You
will be liable for any use made of your account or password and the losses of Awesomenation
or others due to such unauthorized use. Awesomenation will not be liable for
your losses caused by any unauthorized use of your account. You agree not to
use or launch any automated system, including without limitation, “robots,”
“spiders,” and “offline readers,” that accesses the Website in a manner that
sends more request messages to the Awesomenation 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. Awesomenation grants the operators of public
search engines permission to use spiders to copy materials from the Website for
the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. Awesomenation 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 or e-mail addresses, 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 (as defined below). Awesomenation
has the right to terminate your access to the Website, in its sole discretion,
immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all
User Submissions, including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos and interactive features (“Content”)
and the trademarks, service marks and logos contained therein (“Marks”), are
owned by or licensed to Awesomenation. Content on the Website is provided to
you “AS IS” for your information and personal use only and may not be used,
copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse
engineered, de-compiled, or otherwise exploited for any other purposes
whatsoever without Awesomenation’s prior written consent. Awesomenation
reserves all rights not expressly granted in and to the Website. 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 Website or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Website.
5. User Submissions
The Website facilitates the submission of
videos or other Content by you and other users (“User Submissions”) and the
hosting and publishing of such User Submissions. You understand that whether or
not such User Submissions are published, Awesomenation does not guarantee any
confidentiality with respect to any User Submissions. Awesomenation has
complete discretion whether to accept or reject your User Submission, or to
transfer your User Submission from one Awesomenation program to another program
or portion of the Website. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. You represent
and warrant that: (i) you own or have the necessary rights and permissions to
use and authorize Awesomenation to use all copyright, trademark or other
proprietary rights in and to any User Submissions to enable inclusion and use
thereof as contemplated by the Website and these Terms & Conditions; and
(ii) you have the written consent and/or permission of each and every
identifiable individual person in the User Submission to use their name or
likeness as contemplated by the Website and these Terms & Conditions. You
retain all of your ownership rights in your User Submissions. However, by
submitting the User Submissions to Awesomenation, you hereby grant Awesomenation,
in addition to any other rights which it has pursuant to any other program
established by Awesomenation, a worldwide, non-exclusive and transferable
license to use, copy, prepare derivative works of (including without
limitation, to rename, edit, shorten, split the videos into different segments,
and use the entire video or segments as part of compilations), display, and
perform the User Submissions in connection with the Website and Awesomenation’s
(and its successor’s) business, including without limitation to grant access to
the Website to third parties to view the User Submission (and derivative works
thereof). You also hereby grant each user of the Website or other viewer of the
User Submission a non-exclusive right to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions, all for
non-commercial and personal use. You 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 User Submission and to grant Awesomenation all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations that could
damage Awesomenation or any third party; (iii) submit material that is
unlawful, obscene, libelous, threatening, pornographic, or encourages conduct
that would be considered a criminal offense, give rise to civil liability,
violate any law, or (iv) misidentify yourself in submitting the User Submission
or misstate your true identity. Awesomenation does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and Awesomenation
expressly disclaims any and all liability in connection with User Submissions.
You understand that when using the Website, you will be exposed to User
Submissions from a variety of sources, and that Awesomenation is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. 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 may have against Awesomenation with respect thereto, and agree to indemnify
and hold Awesomenation, its owners, affiliates, employees, agents and/or
licensors, harmless to the fullest extent allowed by law regarding all matters
related to your use of the Website. You acknowledge that access to certain
Content which may be available through the Website and which depict violence,
or contain images of nudity, sexual acts, or other sexual material (“Mature
Content”) is permitted only if you are over the minimum age applicable in your
jurisdiction (often but not necessarily 18 or 21). For further information what
is accepted or not go to our FAQ page
7. Limitation of Liability
IN NO EVENT SHALL LAJME ONLINE, 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) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 YOUR
USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAJME ONLINE 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 LAJME ONLINE 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.
8. Indemnity
You agree to defend, indemnify and hold
harmless Awesomenation, its affiliates, and their respective officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs and expenses (including but not limited
to attorney’s fees) arising from: (i) your use of the Website; (ii) your
violation of these Terms & Conditions; (iii) your violation of the terms
which apply to your User Submission; (iv) your violation of any third party
right, including without limitation any copyright, property, publicity or
privacy right; or (v) any claim that one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will survive these
Terms & Conditions and your use of the Website.
9. Ability to Accept Terms &
Conditions
You affirm that you are either more than
18 years of age or possess legal parental or guardian consent to enter into
these Terms & Conditions, and to comply with these Terms of Use. In any
case, you affirm that you are over the age of 13, as the Website is not
intended for children under 13. If you are under 13 years of age, then please
do not use the Website-there are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
10. Assignment
These Terms & Conditions, and any
rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Awesomenation without restriction.