Terms Of Use

1. Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Bangable.com domain name include sub domins such as tube.bangable.com, the Bangable.com RSS feed, the “Bangable Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF Bangable’s PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Bangable Website. 2. Bangable Website These Terms of Service apply to all users of the Bangable Website, including users who are also contributors of video content, information, and other materials or services (including but not limited to the RSS Feed) on the Website. The Bangable Website may contain links to third party websites that are not owned or controlled by Bangable. Bangable has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bangable will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Bangable 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 Bangable Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Website Access A. Bangable hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: you are at least 18 years of age; the Website as permitted is solely for your personal, noncommercial use; you will not copy or distribute any part of the Website in any medium without Bangable’s prior written authorization; 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 you will otherwise comply with the terms and conditions of these Terms of Service. B. 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 Bangable immediately of any breach of security or unauthorized use of your account. Although Bangable will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bangable or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Bangable servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Bangable grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bangable 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. 4. RSS Feed Access A. Use of Bangable.com's RSS Feeds: We offer RSS feeds as a free service to individuals for private, non-commercial use. You may not redistribute. All other uses are prohibited, including placing advertising into, around, or targeted towards the Bangable.com RSS content. You must use the RSS feeds as provided by Bangable.com, and you may not edit or modify the text, content or links supplied by Bangable.com. Content from the Bangable RSS Feed may not be accessible via any sort of download software or platform. Bangable.com does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. Bangable.COM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. B. Links on Bangable.com RSS Feed Content: The Bangable.com RSS service may be used only on platforms that include a functional linking such that, when clicked, takes the viewer directly to the destination of the original link. You may not display Bangable.com’s RSS content in a way that prevents successful linking to, redirection to or delivery of such links. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate Bangable.com link. C. Ownership and Attribution: Bangable.com retains all ownership and other rights to all Bangable logos, platforms and trademarks used in connection with Bangable.com’s RSS content.. You must provide attribution to the Bangable.com network website in connection with your use of Bangable.com’s RSS feeds. If you provide this attribution using a graphic, you must use the logo from the appropriate Bangable.com network website that is incorporated into the RSS feed. D. Right to Discontinue Feeds: Bangable.com reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Bangable.com RSS feeds for any reason. Bangable.com expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website. 5. Intellectual Property Rights The content on the Bangable Website is provided by the owners of the content. Content on the Website and RSS Feed 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. Bangable 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 print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not download any content from Bangable.com You agree not to circumvent, disable or otherwise interfere with security related features of the Bangable Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bangable Website or the Content therein. 6. User Submissions A. The Bangable 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. You understand that whether or not such User Submissions are published, Bangable 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bangable 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 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 Bangable, you hereby grant Bangable 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 Bangable Website and Bangable’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Bangable Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Bangable 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 Bangable Website. C. 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 Bangable all of the license rights granted herein; publish falsehoods or misrepresentations that could damage Bangable or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, 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; post advertisements or solicitations of business; impersonate another person. Bangable does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bangable expressly disclaims any and all liability in connection with User Submissions. Bangable does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Bangable will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Bangable reserves the right to remove Content and User Submissions without prior notice. Bangable 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. While pornographic and adult content are accepted, Bangable 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, obscene or defamatory material, or excessive length. Bangable 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. In particular, 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©(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. Bangable’s designated Copyright Agent to receive notifications of claimed infringement is: (Visit our DMCA information page). 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 Bangable customer service. 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. E. You understand that when using the Bangable Website, you will be exposed to User Submissions from a variety of sources, and that Bangable 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 Bangable with respect thereto, and agree to indemnify and hold Bangable, 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. F. Bangable permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Bangable provides an “Embeddable Player” feature, 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 Bangable website on the pages containing the Embeddable Player. Bangable reserves the right to discontinue any aspect of the Bangable Website at any time. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE Bangable WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Bangable, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Bangable 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 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 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 ANY ERRORS OR OMISSIONSIN 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 Bangable WEBSITE. Bangable DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Bangable WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bangable 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. 8. Limitation of Liability IN NO EVENT SHALL Bangable, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 Bangable 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 Bangable 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 Bangable from its facilities in the United States of America. Bangable makes no representations that the Bangable Website is appropriate or available for use in other locations. Those who access or use the Bangable Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 9. Indemnity You agree to defend, indemnify and hold harmless Bangable, 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: your use of and access to the Bangable Website; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bangable Website. 10. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Bangable Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Bangable Website-there are lots of other great web sites for you. 11. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bangable without restriction. 12. General You agree that: the Bangable Website shall be deemed solely based in North Carolina; and the Bangable Website shall be deemed a passive website that does not give rise to personal jurisdiction over Bangable, either specific or general, in jurisdictions other than North Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and Bangable that arises in whole or in part from the Bangable Website shall be decided exclusively by a court of competent jurisdiction located in North Carolina. These Terms of Service, together with the Privacy Notice and any other legal notices published by Bangable on the Website, shall constitute the entire agreement between you and Bangable concerning the Bangable Website. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Bangable’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Bangable reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Bangable Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Bangable AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Bangable WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.