Terms and Conditions
Terms and Conditions
Last updated – October 12, 2016
Definitions – The terms “we,” “us,” and “our” refer to Nugget Media, LLC dba Video Nuggets and its owners. The term the “Site” refers to www.videonuggets.com. The terms “user,” “you,” and “your” refer to visitors, customers, and any other users of the Site.
By using the Site or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound by these Terms and Conditions.
Age – In order to upload or submit videos to the Site, you must be 18 years of age or older. By uploading or submitting videos to the Site, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not upload or submit videos to the Site.
Intellectual Property Rights – The Site and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, the design, selection and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in any part of the Site or its contents is transferred to you.
License to Your Content – You agree to grant to us and any of our licensees a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works, and store your content, and to allow others to do so, in any and all media formats and through any and all media channels; to incorporate your content on any tangible or intangible products or merchandise (for instance, books or signs) for resale or otherwise; and to use the content for our promotional purposes. By submitting material to us or posting material on the Site, you grant us a worldwide, nonexclusive license to use the material for promotional, business development, and marketing purposes.
Your Use of the Site – You may use the Site for lawful and legitimate non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or exploit any of the material on the Site or participate in any of the foregoing. You must not delete or alter any copyright, trademark or other proprietary rights notices from our materials. You agree not to use any device, software or routine that interferes with the proper working of the Site or introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. We reserve the right to immediately remove you from the Site, without notice, refund or other recourse, if you violate these restrictions.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
Material that You Submit to the Site – You agree that you will not submit to us or post, transmit, upload, or otherwise make available for posting on the Site any artwork, photos, videos, text, or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
Your contributions must comply with all applicable laws and regulations. Without limiting the foregoing, any Materials or content provided by you must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that would otherwise be in conflict with the Terms and Conditions; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; misrepresent your identity or affiliation with any person or organization; or give the impression that your content emanates from or is endorsed by us or any other person or entity, if this is not the case.
Removing Material or Content – We reserve the right to remove Materials or other content provided by you from the Site at any time for any reason whatsoever, without notice to you. You agree that we have no obligation to retain Materials or other content provided by you for any period of time. We reserve the right to disclose your identity or other information about you to any third party who claims that Material or other content provided by you violates their rights, including their intellectual property rights or their right to privacy.
We may not review comments before they are posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Therefore, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Accessing the Site – We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
Disclaimers - The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Content on the Site may be provided by third parties. These materials do not necessarily reflect our opinion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Third Party Links and Resources – The Site may contain links to third party websites and resources, including sponsored or affiliate links. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your Information – It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purposes. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree to use particular caution when accessing your account from a public or shared computer that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms and Conditions.
Limitation of Liability – YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKS TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR FROM US, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims – YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
Indemnification – You shall indemnify, defend and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or by otherwise providing Materials or other content to us. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Governing Law – These Terms and Conditions shall be construed in accordance with and governed by the internal laws, and not the laws of conflicts or choice of laws, of the Commonwealth of Pennsylvania.
Arbitration – You agree to submit any disputes relating to these Terms and Conditions or the Site to final and binding arbitration administered by and in accordance with the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
Assignment – These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. We may assign these Terms and Conditions and any of our rights herein at any time without notice to you. You may not assign, delegate, sublicense, or transfer your rights and obligations hereunder. Any transfer, assignment, delegation, or sublicense by you is invalid and of no force or effect.
Severability – If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Headings – The titles or section headings of the various provisions of these Terms and Conditions are intended solely for convenience and ease of reference and shall not in any manner amplify, limit, modify, or otherwise be used in the interpretation of any such provisions.
Relationship of the Parties – The relationship between you and us shall not be construed to be that of employer and employee, partnership, joint venture, or agency of any kind.
Waiver – The failure of you or us at any time to require performance by the other party of any provision of these Terms and Conditions shall not affect the right of such party to require performance of that provision, and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
Our right to change these Terms and Conditions – We may amend these Terms and Conditions at any time. Such amendments are effective immediately by us posting the new Terms and Conditions on this Site or by otherwise notifying you of such changes. Any use of the Site by you after these Terms and Conditions have been amended means you accept and agree to these amendments.
Entire Agreement – These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and your use thereof. These Terms and Conditions supersede any and all prior or contemporaneous written or verbal understandings, agreements, representations or warranties.
If you wish to download a copy of these Terms and Conditions, please use the link below.