Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the Bambamslam.com domain name, the "Bam Bam
Slam Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND
CONDITIONS OF Bam Bam Slam'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.Bam Bam Slam.com/t/privacy, AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you do not agree to any of these terms, then
please do not use the Bam Bam Slam Website.
2. Bam Bam Slam Website
These Terms of Service apply to all users of the Bam Bam Slam Website,
including users who are also contributors of video content,
information, and other materials or services on the Website. The Bam
Bam Slam Website may contain links to third party websites that are
not owned or controlled by Bam Bam Slam. Bam Bam Slam has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, Bam
Bam Slam will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve Bam Bam
Slam 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 Bam Bam Slam Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Website Access
A. Bam Bam Slam hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without Bam Bam Slam's prior written authorization; (iii) 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
(iv) 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 Bam Bam Slam immediately of any breach of
security or unauthorized use of your account. Although Bam Bam Slam
will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses of Bam Bam Slam 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 Bam Bam Slam 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, Bam Bam Slam 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. Bam Bam Slam 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. Intellectual Property Rights
The content on the Bam Bam Slam Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to Bam Bam Slam,
subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content
on the Website 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. Bam Bam Slam 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, ordistribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Bam Bam Slam Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the Bam Bam Slam Website or the Content therein.
5. User Submissions
A. The Bam Bam Slam 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, Bam Bam Slam 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: (i) you
own or have the necessary licenses, rights, consents, and permissions
to use and authorize Bam Bam Slam 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 (ii) 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 Bam Bam
Slam, you hereby grant Bam Bam Slam 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 Bam Bam Slam
Website and Bam Bam Slam's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
Bam Bam Slam Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the Bam Bam Slam 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 Bam
Bam Slam Website.
C. In connection with User Submissions, you further agree that you
will not: (i) 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 Bam Bam Slam all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could
damage Bam Bam Slam or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic,
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; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. Bam Bam Slam does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and Bam Bam
Slam expressly disclaims any and all liability in connection with User
Submissions. Bam Bam Slam does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and Bam Bam Slam will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. Bam Bam Slam reserves the
right to remove Content and User Submissions without prior notice. Bam
Bam Slam 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.
Bam Bam Slam 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,
pornography, obscene or defamatory material, or excessive length. Bam
Bam Slam 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(c)(3) for
further detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail;
(v) 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
(vi) 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.
Bam Bam Slam's designated Copyright Agent to receive notifications of
claimed infringement is: Heather Gillette, 1000 Cherry Ave., Second
Floor, San Bruno, CA 94066, email: copyright@Bam Bam Slam.com, fax:
650-872-8513. 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 Bam Bam Slam
customer service through http://www.google.com/support/Bam Bam Slam.
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 Bam Bam Slam Website, you will
be exposed to User Submissions from a variety of sources, and that Bam
Bam Slam 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 Bam Bam
Slam with respect thereto, and agree to indemnify and hold Bam Bam
Slam, 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. Bam Bam Slam permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, Bam Bam Slam
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 Bam Bam Slam website on the pages containing the
Embeddable Player. Bam Bam Slam reserves the right to discontinue any
aspect of the Bam Bam Slam Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Bam Bam Slam WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Bam Bam Slam, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. Bam Bam Slam 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
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 (V)
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 Bam Bam Slam WEBSITE.
Bam Bam Slam DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE Bam Bam Slam WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bam Bam
Slam 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.
7. Limitation of Liability
IN NO EVENT SHALL Bam Bam Slam, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) 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 (V)
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 Bam Bam Slam
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 Bam Bam Slam 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 Bam Bam Slam from its
facilities in the United States of America. Bam Bam Slam makes no
representations that the Bam Bam Slam Website is appropriate or
available for use in other locations. Those who access or use the Bam
Bam Slam Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Bam Bam Slam, 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: (i) your use of and access to the Bam
Bam Slam Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
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 Bam Bam Slam Website.
9. 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 13,
as the Bam Bam Slam Website is not intended for children under 13. If
you are under 13 years of age, then please do not use the Bam Bam Slam
Website葉here are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
10. 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 Bam
Bam Slam without restriction.
11. General
You agree that: (i) the Bam Bam Slam Website shall be deemed solely
based in New York; and (ii) the Bam Bam Slam Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
Bam Bam Slam, either specific or general, in jurisdictions other than
New York. These Terms of Service shall be governed by the internal
substantive laws of the State of New York, without respect to its
conflict of laws principles. Any claim or dispute between you and Bam
Bam Slam that arises in whole or in part from the Bam Bam Slam Website
shall be decided exclusively by a court of competent jurisdiction
located in Manhattan County, New York. These Terms of Service,
together with the Privacy Notice at http://www.Bam Bam
Slam.com/t/privacy and any other legal notices published by Bam Bam
Slam on the Website, shall constitute the entire agreement between you
and Bam Bam Slam concerning the Bam Bam Slam 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 Bam Bam Slam's failure to assert
any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Bam Bam Slam 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 Bam Bam Slam Website following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND BAM BAM SLAM AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BAM BAM SLAM WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the Bambamslam.com domain name, the "Bam Bam
Slam Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND
CONDITIONS OF Bam Bam Slam'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.Bam Bam Slam.com/t/privacy, AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you do not agree to any of these terms, then
please do not use the Bam Bam Slam Website.
2. Bam Bam Slam Website
These Terms of Service apply to all users of the Bam Bam Slam Website,
including users who are also contributors of video content,
information, and other materials or services on the Website. The Bam
Bam Slam Website may contain links to third party websites that are
not owned or controlled by Bam Bam Slam. Bam Bam Slam has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, Bam
Bam Slam will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve Bam Bam
Slam 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 Bam Bam Slam Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Website Access
A. Bam Bam Slam hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without Bam Bam Slam's prior written authorization; (iii) 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
(iv) 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 Bam Bam Slam immediately of any breach of
security or unauthorized use of your account. Although Bam Bam Slam
will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses of Bam Bam Slam 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 Bam Bam Slam 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, Bam Bam Slam 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. Bam Bam Slam 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. Intellectual Property Rights
The content on the Bam Bam Slam Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to Bam Bam Slam,
subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content
on the Website 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. Bam Bam Slam 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, ordistribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Bam Bam Slam Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the Bam Bam Slam Website or the Content therein.
5. User Submissions
A. The Bam Bam Slam 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, Bam Bam Slam 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: (i) you
own or have the necessary licenses, rights, consents, and permissions
to use and authorize Bam Bam Slam 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 (ii) 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 Bam Bam
Slam, you hereby grant Bam Bam Slam 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 Bam Bam Slam
Website and Bam Bam Slam's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
Bam Bam Slam Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the Bam Bam Slam 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 Bam
Bam Slam Website.
C. In connection with User Submissions, you further agree that you
will not: (i) 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 Bam Bam Slam all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could
damage Bam Bam Slam or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic,
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; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. Bam Bam Slam does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and Bam Bam
Slam expressly disclaims any and all liability in connection with User
Submissions. Bam Bam Slam does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and Bam Bam Slam will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. Bam Bam Slam reserves the
right to remove Content and User Submissions without prior notice. Bam
Bam Slam 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.
Bam Bam Slam 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,
pornography, obscene or defamatory material, or excessive length. Bam
Bam Slam 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(c)(3) for
further detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail;
(v) 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
(vi) 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.
Bam Bam Slam's designated Copyright Agent to receive notifications of
claimed infringement is: Heather Gillette, 1000 Cherry Ave., Second
Floor, San Bruno, CA 94066, email: copyright@Bam Bam Slam.com, fax:
650-872-8513. 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 Bam Bam Slam
customer service through http://www.google.com/support/Bam Bam Slam.
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 Bam Bam Slam Website, you will
be exposed to User Submissions from a variety of sources, and that Bam
Bam Slam 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 Bam Bam
Slam with respect thereto, and agree to indemnify and hold Bam Bam
Slam, 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. Bam Bam Slam permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, Bam Bam Slam
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 Bam Bam Slam website on the pages containing the
Embeddable Player. Bam Bam Slam reserves the right to discontinue any
aspect of the Bam Bam Slam Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Bam Bam Slam WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Bam Bam Slam, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. Bam Bam Slam 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
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 (V)
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 Bam Bam Slam WEBSITE.
Bam Bam Slam DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE Bam Bam Slam WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bam Bam
Slam 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.
7. Limitation of Liability
IN NO EVENT SHALL Bam Bam Slam, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) 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 (V)
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 Bam Bam Slam
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 Bam Bam Slam 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 Bam Bam Slam from its
facilities in the United States of America. Bam Bam Slam makes no
representations that the Bam Bam Slam Website is appropriate or
available for use in other locations. Those who access or use the Bam
Bam Slam Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Bam Bam Slam, 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: (i) your use of and access to the Bam
Bam Slam Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
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 Bam Bam Slam Website.
9. 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 13,
as the Bam Bam Slam Website is not intended for children under 13. If
you are under 13 years of age, then please do not use the Bam Bam Slam
Website葉here are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
10. 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 Bam
Bam Slam without restriction.
11. General
You agree that: (i) the Bam Bam Slam Website shall be deemed solely
based in New York; and (ii) the Bam Bam Slam Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
Bam Bam Slam, either specific or general, in jurisdictions other than
New York. These Terms of Service shall be governed by the internal
substantive laws of the State of New York, without respect to its
conflict of laws principles. Any claim or dispute between you and Bam
Bam Slam that arises in whole or in part from the Bam Bam Slam Website
shall be decided exclusively by a court of competent jurisdiction
located in Manhattan County, New York. These Terms of Service,
together with the Privacy Notice at http://www.Bam Bam
Slam.com/t/privacy and any other legal notices published by Bam Bam
Slam on the Website, shall constitute the entire agreement between you
and Bam Bam Slam concerning the Bam Bam Slam 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 Bam Bam Slam's failure to assert
any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Bam Bam Slam 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 Bam Bam Slam Website following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND BAM BAM SLAM AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BAM BAM SLAM WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
