Last modified February 8, 2009
0. Introduction; Your Agreement to these Terms of Service.
Welcome to the Worldbridges.net, LLC Webcasting Network ("Worldbridges.net") consisting of web sites, services, software applications and networks that allows for the authorized streaming and distribution of live, interactive media content over the internet (the "Worldbridges.net Service").
The following Terms of Service for the Worldbridges.net Service is a legal contract between you, an individual user of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and Worldbridges.net regarding your use of the Worldbridges.net Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE Worldbridges.net PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE Worldbridges.net SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH Worldbridges.net ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
The Worldbridges.net Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Worldbridges.net Service by Worldbridges.net. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE Worldbridges.net SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Worldbridges.net SERVICE.
2. Incorporation by Reference.
3. Individual Features and Services.
When using the Worldbridges.net Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Worldbridges.net reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Worldbridges.net Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Worldbridges.net Service. We will always make a reasonable effort to notify you if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect artist and content owner rights, it is Worldbridges.net's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that Worldbridges.net will promptly terminate without notice any User's access to the Worldbridges.net Service if that User is determined by Worldbridges.net to be a "repeat infringer." A repeat infringer is a User who has been notified by Worldbridges.net of infringing activity violations more than twice and/or who has had their Webcaster Content or any other user-submitted content removed from the Worldbridges.net Service more than twice. In addition, Worldbridges.net accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. Worldbridges.net Service License Grant.
6.1 License Grant to Upload or Stream.
Worldbridges.net allows certain users ("Webcasters") to distribute streaming live media ("Webcasts") and subsequently publish recording on our sites.
If you sign up for an account as a Webcaster, subject to your compliance with the terms and conditions set out in this Terms of Service, Worldbridges.net hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Worldbridges.net Service for the uploading and distributing of authorized digital content, including media ("Webcaster Content").
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of Worldbridges.net to protect Webcaster Content, Worldbridges.net cannot guarantee that there will be no unauthorized copying or distribution of Webcaster Content nor will Worldbridges.net be liable for any copying or usage of the Webcaster Content not authorized by Worldbridges.net.
6.3 License Grant to View by Streaming.
If you sign up for an Account, subject to your compliance with this Terms of Service, Worldbridges.net hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to access live streaming and published recordings of Webcaster Content solely through the Worldbridges.net Service subject to the license under which such Webcaster Content is distributed.
6.4 Reservation of Rights.
Worldbridges.net reserves all rights not expressly granted in this Terms of Service.
6.5 Prevention of Unauthorized Use.
Worldbridges.net reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Worldbridges.net Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Webcaster Content License Grant; Representations and Warranties.
7.1 License Grant to Worldbridges.net.
Most of the webcast content on the Worldbridges.net Service is released with a Creative Commons Attribution Sharealike Non-Commercial (or less restrictive) License, but for legals reasons, we state that unless otherwise agreed to in a written agreement between you and Worldbridges.net that was signed by an authorized representative of Worldbridges.net:
a) By distributing or disseminating Webcaster Content through the Worldbridges.net Service, you hereby grant to Worldbridges.net a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Webcaster Content, in any media formats and through any media channels, in order to publish and promote such Webcaster Content in connection with services offered or to be offered by Worldbridges.net. Such license will apply to any form, media, or technology now known or hereafter developed.
Subject to section 7.2, below, the foregoing license granted by you
terminates as to a specific piece of Webcaster Content once you remove
or delete such Webcaster Content from the Worldbridges.net Service.
7.2 License Grant to other Worldbridges.net users.
distributing or disseminating Webcaster Content through the
Worldbridges.net Service, you hereby grant to each User of the
Worldbridges.net Service that is authorized to access your Webcaster
Content a perpetual, personal, non-commercial, non-transferable,
non-exclusive license to access and view your Webcaster Content.
7.3 Webcaster Content Representations and Warranties.
are solely responsible for your Webcaster Content and the consequences
of posting or publishing them. By uploading and publishing your
Webcaster Content, you affirm, represent, and warrant that: (1) you are
the creator and owner of or have the necessary licenses, rights,
consents, releases and permissions to use and to authorize
Worldbridges.net and Worldbridges.net's Users to use your Webcaster
Content as necessary to exercise the licenses granted by you in this
section and in the manner contemplated by Worldbridges.net and this
Terms of Service; (2) your Webcaster Content does not and will not: (a)
infringe, violate, or misappropriate any third-party right, including
any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or
proprietary right or (b) slander, defame, or libel any other person;
(3) your Webcaster Content does not contain any viruses, adware,
spyware, worms, or other malicious code. Violators of these third-party
rights may be subject to criminal and civil liability. Worldbridges.net
reserves all rights and remedies against any Users who violate this
Terms of Service.
7.4 Webcaster Content Disclaimer.
You understand that when using the Worldbridges.net Service you will be exposed to Webcaster Content from a variety of sources, and that Worldbridges.net is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Webcaster Content. You further understand and acknowledge that you may be exposed to Webcaster Content 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 Worldbridges.net with respect thereto. Worldbridges.net does not endorse any Webcaster Content or any opinion, recommendation or advice expressed therein, and Worldbridges.net expressly disclaims any and all liability in connection with Webcaster Content. If notified by a User or a content owner of Webcaster Content that allegedly does not conform to this Terms of Service, Worldbridges.net may investigate the allegation and determine in its sole discretion whether to remove the Webcaster Content, which it reserves the right to do at any time and without notice. For clarity, Worldbridges.net does not permit copyright infringing activities on the Worldbridges.net Service.
8. Prohibited Conduct.
BY USING THE Worldbridges.net SERVICE YOU AGREE NOT TO:
- 8.1 use the Worldbridges.net Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Worldbridges.net Service as such services are offered by Worldbridges.net;
- 8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
- 8.3 post, upload, or distribute any defamatory, libelous, or inaccurate webcast Content or other content;
- 8.4 post, upload, or distribute any webcast Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- 8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Worldbridges.net Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Worldbridges.net Service, or perform any other similar fraudulent activity;
- 8.6 delete the copyright or other proprietary rights on the Worldbridges.net Service or webcast Content;
- 8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Worldbridges.net Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- 8.8 use the Worldbridges.net Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; - 8.9 defame, harass, abuse, threaten or defraud Users of the Worldbridges.net Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- 8.10 use the Worldbridges.net Service if you are under the age of thirteen (13) years old;
- 8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Worldbridges.net Service or webcast Content, features that prevent or restrict use or copying of any content accessible through the Worldbridges.net Service, or features that enforce limitations on the use of the Worldbridges.net Service or webcast Content;
- 8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Worldbridges.net Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- 8.13 modify, adapt, translate or create derivative works based upon the Worldbridges.net Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (this will often be the case as Worldbridges.net content is usually released with a Creative Commons Attribution Sharealike Non-Commercial license.
- 8.14 intentionally interfere with or damage operation of the Worldbridges.net Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- 8.15 relay email from a third party's mail servers without the permission of that third party;
- 8.16 use any robot, spider, scraper, or other automated means to access the Worldbridges.net Service for any purpose or bypass any measures Worldbridges.net may use to prevent or restrict access to the Worldbridges.net Service;
- 8.17 manipulate identifiers in order to disguise the origin of any webcast Content transmitted through the Service; or
- 8.18 interfere with or disrupt the Worldbridges.net Service or servers or networks connected to the Worldbridges.net Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Worldbridges.net Service.
10. Third-Party Sites, Products and Services; Links.
11. Termination; Terms of Service Violations.
12. Ownership; Proprietary Rights.
The Justin.tv Service is owned and operated by Worldbridges.net. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Worldbridges.net Service provided by Worldbridges.net (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Lifecaster Content that are provided and owned by Users, all Materials contained on the Worldbridges.net Service are the property of Worldbridges.net or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Worldbridges.net or its affiliates and/or third-party licensors. Except as expressly authorized by Worldbridges.net, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Worldbridges.net reserves all rights not expressly granted in this Terms of Service.
You agree to indemnify, save, and hold Worldbridges.net, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Worldbridges.net Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Worldbridges.net reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Worldbridges.net, and you agree to cooperate with Worldbridges.net's defense of these claims. Worldbridges.net will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.