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Statement of Terms of Use

This Statement of Terms of Use ("Statement") governs our relationship with users and others who interact with Battlecam.com. By using or accessing Battlecam.com, you agree to this Statement.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Battlecam.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

Battlecam.com owns all of the content and information you post on Battlecam.com. In addition:

  • For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license for exploitation whether commercial any and all mediums known and not yet known to use any IP content that you post on or in connection with Battlecam.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you use Battlecam.com through a branded platform, your content and information is shared with the partner providing the branded platform. We require partners to respect your privacy, and your agreement with that partner will control how Battlecam.com can use, store, and transfer that content and information.
  • When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Battlecam.com, to access and use that information, and to associate it with you (i.e., your name and photos).
  • We always appreciate your feedback or other suggestions about Battlecam.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Modification of these Terms.

  • BattleCam.com 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 BattleCam.com 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 BattleCam.com Service. We will always make a reasonable effort to notify you if we do change these Terms.
  • In consideration of my possible appearance on one or more episodes of the Webshow/Program currently known as Battlecam.com (the 'Program'), I hereby knowingly, willingly and voluntarily grant to FilmOn.com Inc ('Producer'), without charge or other compensation, the irrevocable right, but not the obligation, with or without my knowledge, in perpetuity throughout the universe, to film, tape, photograph, record, exhibit, display, edit, distribute, sell and otherwise use my appearance, name, likeness, voice, statements, conversations, biography, and/or sounds (collectively, the 'Footage and Materials') in connection with the development, production, and/or exploitation of the Program, and/or in any other production, in all media, whether now known or hereafter devised, including without limitation, in connection with advertising, sales, promotions, marketing, merchandising (including slot machines), distribution, publicizing, and all types of exploitation of the Program. Producer, in its sole discretion, shall have the unrestricted right to edit the content and text of the Program, as well as all film, tape, photography, recordings, and my appearance thereon, in any manner or form (including, without limitation, for humorous or satirical effect).
  • Producer has no obligation to me whatsoever. I hereby agree that Producer is the sole owner of the results and proceeds of the Footage and Materials and I waive any interest I may have in and to the copyright in connection therewith. I hereby acknowledge and agree that Producer has the sole discretion to choose whether or not to include me in the Program, or broadcast my appearance in the Program and that Producer's possible inclusion of me in the Program in any manner whatsoever shall not entitle me to receive any compensation. I hereby agree to waive any right that I may have to inspect or approve any finished product, derivatives thereof, or any other subsequent uses made of the recording or Program by Producer pursuant to this Appearance Release Form.
  • I represent and warrant the following: (1) I am at least 18 years of old; and (2) I am not, and for a period of one (1) year from the date hereof, I do not intend to be, a candidate for any public office; and (3) I am not a professional actor and am not a member of SAG, AFTRA, AGVA, Equity, or any other performing arts guild or union, or in the event I am a member of any performing arts guild or union, I agree that this Agreement shall not be subject to any collective bargaining agreement and does not entitled me to any wages, salary, corporate benefits, or other compensation under any such collective bargaining agreement or otherwise.
  • I understand that it is a federal offense, unless disclosed to Producer prior to broadcast, if any, to do any of the following: (a) give or agree to give any member of the production staff and anyone associated in any manner with the Program or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program or the advertisements, or (b) accept or agree to accept anything of value to promote any product, service or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I gave nothing of value nor did I agree to give anything of value to anyone so I could be in the Program or the advertisements. I know that Producer does not permit it and that it would be a federal offense not to tell Producer if I had. I shall notify Producer and the network immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing or which is in any way dishonest.
  • I acknowledge and understand that the consideration provided by Producer to me for my possible appearance on the Program constitutes adequate consideration for me entering into this Agreement. Producer shall have no further obligations to me with respect to any additional compensation. I further understand that Producer will incur significant costs and expenses in reliance upon this Agreement, so I will not attempt to cancel or revoke any of the rights granted to Producer herein. I acknowledge that I am volunteer and that I shall not be deemed to be an employee of Producer, nor shall I be entitled to any benefits provided by Producer to its employees.
  • I ACKNOWLEDGE THAT, PRIOR TO ACCEPTING THIS AGREEMENT AND RELEASE AND BEFORE I APPEAR IN PRODUCER'S PROGRAM OR ANY PUBLICITY THEREFOR, I AM FULLY AWARE OF THE FORMAT OF THE PROGRAM AND THE PROGRAM ITSELF (INCLUDING, WITHOUT LIMITATION, THAT THE PROGRAM INCLUDES NUDITY, EXPLICIT MATERIALS AND LANGUAGE, AND/OR ADULT CONTENT), AND I HAVE NO OBJECTION THERETO OR THAT MY NAME, LIKENESS, OR APPEARANCE MAY BE INCLUDED IN SUCH PROGRAM. I UNDERSTAND THAT THE RIGHTS GRANTED HEREUNDER MAY POSSIBLY RESULT IN ME BEING PROTRAYED IN AN EMBARRASSING, DENIGRATING OR OTHERWISE UNFAVORABLE LIGHT, AND I FREELY AND FULLY CONSENT THERETO.
  • To the maximum extent permitted by law, I hereby release, discharge, and hold harmless Producer, its parent, assignees, licensees, agents, and affiliates, the website/network/cable outlet, all television broadcasting stations, sponsors, advertising agencies, and any and all others connected with the Program, and each of their related parent companies, subsidiaries and/or affiliated companies, and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the 'Released Parties'), from any and all liability or claims arising out of or in any way resulting from my participation in the Program or in any aspect or phase thereof, the use or reuse of my appearance, name, voice, singing voice, likeness, signature, biographical information (including, without limitation, any claim based upon defamation or invasion of privacy and/or publicity), or the breach or alleged breach of any provision hereof and I agree not to make any claim against Producer or the Released Parties as a result of my participation or non-participation in the Program. In addition, I agree to indemnify Producer and the Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense, and loss of any kind (including outside attorney's fees) caused by or arising out of any breach or alleged breach of any provision hereof or any statement, action or failure to act by me during or in connection with my participation in the Program or otherwise. Furthermore, I understand that in connection with the Program or in any aspect or phase thereof, I and others may reveal or relate information of a personal, private, surprising, defamatory, disparaging, embarrassing or unfavorable nature, and that my actions and the actions of others appearing in the Program may be embarrassing or of an otherwise unfavorable nature that may be factual or fictional. I further understand that my appearance, depiction, and portrayal in connection with the Program or in any aspect or phase thereof, and my actions and the actions of others in connection with the Program or in any aspect or phase thereof, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature, may expose me to public ridicule, humiliation or condemnation, and may portray me in a false light. The consents, authorizations, assumptions of risk and releases set forth in this Agreement expressly apply to all such potential harms. Without in any way limiting the foregoing, in no event shall I have any right to seek injunctive or other equitable relief against any of the Released Parties.
  • To the maximum extent permitted by law, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:
  • A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  • If any controversy or claim arising out of or relating to this Agreement, or the breach of any term hereof, cannot be settled through direct discussions, the parties agree to endeavor first to settle the controversy or claim by mediation conducted in the County of Los Angeles and administered by JAMS. If a controversy or claim is not otherwise resolved through direct discussions or mediation, it shall be resolved by arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the 'JAMS Rules'). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. Without in any way limiting the foregoing, in no event shall I have any right to seek injunctive or other equitable relief against Producer, its parent, subsidiary or affiliated companies, its licensees, successor or assigns, or any other party arising out of any use or non-use of the Footage and Materials.
  • As used herein, 'Producer' shall include Producer, its licensees, successors and assigns, and each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. I agree that Producer may license, assign, and otherwise transfer this Agreement and all rights granted by me to Producer under this Agreement to any person or entity.
  • This is the complete and binding agreement between Producer and me, and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. I hereby warrant that I am age eighteen (18) or older and have the power and right to grant the rights herein granted. I acknowledge that I have read and understand this Statement prior to agreeing to the terms herein.
  • Whilst the information presented on Battlecam.com is done in good faith, Battlecam.com cannot accept any liability for any accident, injury or fatality arising as a result of either your decisions or following advice or instructions on its website.

Safety

We do our best to keep Battlecam.com safe, but we cannot guarantee it. You acknowledge that some challenges, events and competitions on Battlecam.com may be dangerous or potentially harmful and release Battlecam.com from any liability in respect of usage of the site or participation in challenges, events and competitions.

You jointly and severally hereby forever release, discharge, acquit and forgive from any and all claims, actions, suits, demands, agreements, and each of them, if more than one, liabilities, judgments, and proceedings both at law and in equity arising from the beginning of time to the date of these presents and at any date in the future while using Battlecam.com.

You covenant not to make any claim or institute any proceedings against any person who might claim over against or claim contribution or indemnity from Battlecam.com in connection with any matter for which this release is given.

You acknowledges that Battlecam.com not have any liability to you in connection with any matter related to Battlecam.com or FilmOn.com. You release Battlecam.com from any liability in relation to any personal injury, financial damage or any other matter whatsoever.

This release shall be binding upon and inure to the benefit Battlecam.com's and your successors, assigns and personal representatives.

We need your help to do that, which includes the following commitments:

  • You will comply with the Battlecam.com Rules as published from time to time.
  • You will not send or otherwise post unauthorized commercial communications (such as spam) on Battlecam.com.
  • You will not collect users' content or information, or otherwise access Battlecam.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Battlecam.com.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will not offer any contest, giveaway, or sweepstakes ("promotion") on Battlecam.com without our prior written consent.
  • You will not use Battlecam.com to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of Battlecam.com, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Statement.

Battlecam.com Rules

  • No pornography
  • No racism
  • No hate speech
  • No animal abuse

Registration and Account Security

Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not create an account for anyone other than yourself without permission.
  • You will not create more than one personal profile.
  • If we disable your account, you will not create another one without our permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will not use Battlecam.com if you are under 18.
  • You will not use Battlecam.com if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Battlecam.com that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Battlecam.com if we believe that it violates this Statement.
  • We will provide you with tools to help you protect your intellectual property rights.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including Battlecam.com, FilmOn.com, 9021go and HDi), or any confusingly similar marks, without our written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Battlecam.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on Battlecam.com.
  • You will not tag users or send email invitations to non-users without their consent.

Mobile

  • We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on Battlecam.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Battlecam.com, as well as your name and profile picture.

Payments

If you make a payment on Battlecam.com or use Battlecam.com Credits, you agree to our Payments Terms.

About Advertisements and Other Commercial Content Served or Enhanced by Battlecam.com

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  • We do not give your content or information to advertisers without your consent.
  • You understand that we may not always identify paid services and communications as such.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Battlecam.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

Disputes

  • You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Battlecam.com exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
  • If anyone brings a claim against us related to your actions, content or information on Battlecam.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  • WE TRY TO KEEP BATTLECAM.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BATTLECAM.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BATTLECAM.COM WILL BE SAFE OR SECURE. BATTLECAM.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BATTLECAM.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BATTLECAM.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BATTLECAM.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  • You consent to having your personal data transferred to and processed in the United States.
  • If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Battlecam.com (such as advertising or payments) or operate a Platform application or website.

Definitions

  • By "Battlecam.com" we mean the features and services we make available, including through (a) our website at www.Battlecam.com and any other Battlecam.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  • By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Battlecam.com or provide data to us.
  • By "information" we mean facts and other information about you, including actions you take.
  • By "content" we mean anything you post on Battlecam.com that would not be included in the definition of "information."
  • By "data" we mean content and information that third parties can retrieve from Battlecam.com or provide to Battlecam.com through Platform.
  • By "post" we mean post on Battlecam.com or otherwise make available to us (such as by using an application).
  • By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • By "active registered user" we mean a user who has logged into Battlecam.com at least once in the previous 30 days.
  • By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

  • If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and FilmOn.com Inc. Otherwise, this Statement is an agreement between you and Battlecam.com Ireland Limited. References to "us", "we", and "our" mean either FilmOn.com Inc. or FilmOn.com Plc, as appropriate.
  • This Statement makes up the entire agreement between the parties regarding Battlecam.com, and supersedes any prior agreements.
  • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of this Statement, it will not be considered a waiver.
  • Any amendment to or waiver of this Statement must be made in writing and signed by us.
  • You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in this Statement shall prevent us from complying with the law.
  • This Statement does not confer any third party beneficiary rights.
  • You will comply with all applicable laws when using or accessing Battlecam.com.