Terms of Service
Last Updated: November, 2015
**PLEASE READ THIS DOCUMENT CAREFULLY. The BadaSSitude Blog (“The BadaSSitude Blog,” “we,” or “us”) offers an a blog and online video sharing platform and community through its website located at thebadassitudeblog.com and other The BadaSSitude Blog-operated sites (collectively, the “The BadaSSitude Blog Site”), mobile applications, and other online services (collectively and including The BadaSSitude Blog Site, the “The BadaSSitude Blog Service”). By registering as a member or by using The BadaSSitude Blog Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and The BadaSSitude Blog. If you do not wish to be bound by this Agreement, do not use The BadaSSitude Blog Service. **
1. Who May Use The BadaSSitude Blog Service
AGE REQUIREMENT: You must be at least 13 years old to use The BadaSSitude Blog Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use The BadaSSitude Blog Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use The BadaSSitude Blog Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of The BadaSSitude Blog Service. If your child is using The BadaSSitude Blog Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
WARNING: Even if you are old enough to use The BadaSSitude Blog Service and/or have your parent’s or guardian’s permission, some of the content available within The BadaSSitude Blog Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use The BadaSSitude Blog Service
LICENSE: The BadaSSitude Blog grants you a limited, non-exclusive license to access and use The BadaSSitude Blog Service for your own personal, non-commercial purposes. This includes the right to view content available on The BadaSSitude Blog Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use The BadaSSitude Blog Service for commercial purposes. Except as expressly permitted by The BadaSSitude Blog in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble The BadaSSitude Blog Service. Nor will you take any measures to interfere with or damage The BadaSSitude Blog Service. All rights not expressly granted by The BadaSSitude Blog are reserved.
MOBILE APP: Your use of The BadaSSitude Blog Service through one of our mobile applications is also subject to our Mobile App Addendum.
REGISTRATION: To fully use The BadaSSitude Blog Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to The BadaSSitude Blog and notify us if your information changes.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using The BadaSSitude Blog Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use The BadaSSitude Blog Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from The BadaSSitude Blog Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: The BadaSSitude Blog may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if The BadaSSitude Blog determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The BadaSSitude Blog’s reputation and goodwill. If The BadaSSitude Blog deletes your account for the foregoing reasons, you may not re-register for The BadaSSitude Blog Service. The BadaSSitude Blog may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by The BadaSSitude Blog will terminate. Sections 5 and 10 though 15 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. The BadaSSitude Blog shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
All videos you submit must also comply with The BadaSSitude Blog Guidelines, which are incorporated into this Agreement.
7. Code of Conduct
In using The BadaSSitude Blog Service, you must behave in a civil and respectful manner at all times. Further, you will not:
The BadaSSitude Blog has the right, but not the obligation, to monitor all conduct on and content submitted to The BadaSSitude Blog Service.
8. Licenses Granted by You
LICENSE TO The BadaSSitude Blog: As between you and The BadaSSitude Blog, you own the video content (“videos”) that you submit to The BadaSSitude Blog Service. By submitting a video, you grant The BadaSSitude Blog and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within The BadaSSitude Blog Service; (ii) displaying the video on third party websites and applications through a video embed or The BadaSSitude Blog’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting The BadaSSitude Blog Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of The BadaSSitude Blog Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from The BadaSSitude Blog Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that The BadaSSitude Blog has no control over such caching.
8.2 Non-video Content
As between you and The BadaSSitude Blog, you own all non-video content that you submit to The BadaSSitude Blog Service. You grant The BadaSSitude Blog and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of The BadaSSitude Blog Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to The BadaSSitude Blog on improving or adding new features to The BadaSSitude Blog Service, The BadaSSitude Blog shall have the right to use your suggestions without any compensation to you.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The BadaSSitude Blog and grant the licenses set forth above; (ii) The BadaSSitude Blog will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless The BadaSSitude Blog and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on The BadaSSitude Blog Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The BadaSSitude Blog violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights and Other Rights
The BadaSSitude Blog respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at blogging[at]TheBadaSSitudeBlog[dot]com.
The BadaSSitude Blog reserves the right to modify The BadaSSitude Blog Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The BadaSSitude Blog Service. The BadaSSitude Blog has no obligation to screen or monitor any content and does not guarantee that any content available on The BadaSSitude Blog Service complies with this Agreement or is suitable for all users.
The BadaSSitude Blog provides The BadaSSitude Blog Service on an “as is” and “as available” basis. You therefore use The BadaSSitude Blog Service at your own risk. The BadaSSitude Blog expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The BadaSSitude Blog makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used The BadaSSitude Blog Service, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) The BadaSSitude Blog shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
14. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on The BadaSSitude Blog Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. The BadaSSitude Blog is not the primary producer of the visual content contained in The BadaSSitude Blog Service.
15. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Maryland, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of The BadaSSitude Blog Service must be commenced in the state or federal courts located in the state of Maryland, United States of America (and you consent to the jurisdiction of those courts). In any such action, The BadaSSitude Blog and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The BadaSSitude Blog in exercising any right hereunder will waive any further exercise of that right. The BadaSSitude Blog’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The BadaSSitude Blog’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from The BadaSSitude Blog electronically. The BadaSSitude Blog may provide all such communications by email or by posting them on The BadaSSitude Blog Service. For support-related inquiries, you may contact us. You may send notices to The BadaSSitude Blog at blogging[at]TheBadaSSitudeBlog[dot]com.
Nothing herein shall limit The BadaSSitude Blog’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by The BadaSSitude Blog on The BadaSSitude Blog Site or a written amendment signed by an authorized representative of The BadaSSitude Blog. A revised Terms of Service will be effective as of the date it is posted on The BadaSSitude Blog Site.
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