TERMS OF USE
Welcome to BOTI.TV! The
BOTI.TV website (the "website") is owned and operated by Battle of the Imports,
Inc. ("BOTI"). These Terms of Use set out the legally binding terms for your
use of BOTI.TV and the services offered on the BOTI.TV website (the
"services"). BOTI may modify these Terms of Use from time to time and such
modifications shall be effective upon posting by BOTI on the website. You agree
to be bound by any changes to these Terms of Use when you use BOTI.TV after any
such modification is posted.
Your use of BOTI.TV includes these Terms
of Use and BOTI's Privacy Policy (this "Agreement"). Some of the services
offered on BOTI may be subject to additional terms which are posted on the
website in connection with those services, and are incorporated by reference
into these Terms of Use. In the event of any inconsistency between these Terms
of Use and additional posted conditions, the provisions of the additional
posted conditions shall control.
BOTI reserves the right, in its sole
discretion, with or without prior notice and without liability, to discontinue
any aspect of the website and/or to suspend or terminate your access to all or
any part of BOTI.TV or any of the services at any time, for any or no reason.
These Terms of Use apply to all website users, including users who may post
video or other content on the website. You should be aware that BOTI.TV may
contain links to third party websites that are neither owned nor controlled by
BOTI.
User Submissions
BOTI
may allow BOTI.TV users to submit videos and/or other materials for publication
on the website (collectively, "User Submissions"). You are responsible for the
content of your own User Submissions and with respect to each User Submission,
you represent and warrant that: (1) you own or have the necessary rights and/or
permissions to use, and to authorize BOTI to use, any and all elements of the
User Submission (including, but not limited to, patent, trademark, trade
secret, copyright and other proprietary rights) in the manner contemplated by
the website and in accordance with these Terms of Use; and (2) you have the
written release and/or permission from each person depicted in the User
Submission to use his or her name or likeness of in the manner contemplated by
the website and these Terms of Use. You further grant each website user 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 in accordance with these Terms of Use.
You
represent and warrant that no User Submission you submit or post will contain
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 to BOTI the rights granted by you herein. You
further represent and warrant that no User Submission you submit or post will
contain defamatory material, violate any law or be otherwise
inappropriate.
BOTI.TV includes 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 BOTI.TV on the pages containing the Embeddable
Player.
Comments by Users of the Website
are not Endorsed by BOTI.
BOTI does not necessarily endorse,
support, sanction, encourage, verify, or agree with the comments, opinions, or
statements posted by users of the website. Nor does BOTI or any of its third
party service providers make any warranties with respect to any comments,
opinions or statements posted by users of the website. Any information or
material posted on the website by Users, including advice and opinions, are the
views and responsibility of those individual users who post the statements and
do not necessarily represent the views of BOTI or any of its third party
service providers.
Copyright
Policy
You may not distribute or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owners of such proprietary rights.
BOTI will remove User Submissions and/or other content published on the website
if properly notified in accordance with the terms of our Copyright Policy that
it infringes on a third party's intellectual property rights. BOTI reserves the
right to remove content and User Submissions from the website without prior to
notice. BOTI also reserves the right to decide whether a User Submission is
appropriate for publication on the website and complies with these Terms of
Use.
Your Conduct on the Website.
In order for BOTI.TV to be enjoyable for all users, you agree that
you will not use the website and/or services for any inappropriate, improper or
illegal purpose. In addition, you agree to use our bulletin board services,
chat areas, news groups, communities and/or message or communication facilities
only to post content and/or send and receive messages and material that is
proper and related to that particular forum. If you choose a username that, in
BOTI's sole discretion, is inappropriate, we reserve the right, without prior
notice to you, to automatically change your username, delete your posts from
the website and/or services, deny you access to the website and/or services, or
any combination of these options.
Non
Commercial Use.
BOTI.TV is for the personal use of its users and
may not be used in connection with any commercial activities except those that
are specifically endorsed or approved by the management of BOTI. Illegal and/or
unauthorized use of BOTI.TV, including collecting names and/or email addresses
of users of the website by electronic or other means for the purpose of sending
unsolicited email or unauthorized linking to BOTI.TV will be subject to
investigation. Appropriate legal action will be taken by BOTI for any illegal
or unauthorized use of BOTI.TV.
Proprietary Rights of BOTI.
Except for User
Submissions, BOTI owns or licenses all rights in the BOTI.TV website and all
content and services offered on or in connection with BOTI or BOTI.TV. BOTI.TV
contains copyrighted material, trademarks, and other proprietary information
including text, software, photos, video, graphics, music and sound. BOTI owns
the copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in all content original to it. Each third party
content provider owns the copyright in content original to it. You agree that
you will not circumvent, disable or otherwise interfere with security related
features of the website or features that prevent or restrict use or copying of
any content on the website. Except for that information which is in the public
domain or for which you have been given written permission by BOTI or the
copyright owner, you may not copy, modify, publish, transmit, distribute,
perform, display, participate in the transfer or sale, create derivative works,
or in any way exploit the content of BOTI.TV or any portion thereof.
Privacy.
BOTI is committed
to protecting your privacy. Please see our Privacy Policy for
details.
Disclaimers.
BOTI is
not responsible for any incorrect or inaccurate content posted on BOTI.TV or in
connection with the services provided, whether posted by users of the website
in a User Submission or otherwise, or by any of the equipment or programming
associated with, or utilized in, the website and/or the services provided. BOTI
is not responsible for the conduct, whether online or offline, of any user of
the website and/or services provided. BOTI assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any user communication. BOTI is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software or
failure of any email due to technical problems or traffic congestion on the
Internet or the website or any combination thereof, including any injury or
damage to any person's computer related to or resulting from participation or
downloading materials in connection with BOTI.TV and/or the services. Under no
circumstances shall BOTI be responsible for any loss or damage, including
personal injury or death, resulting from use of BOTI.TV or the services or from
any content posted on BOTI.TV or transmitted to users of the website,
including, but not limited to, content contained within User Submissions, or
any interactions between users of the website and/or the services provided,
whether online or offline. BOTI.TV and the services are provided "AS-IS" and
BOTI expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. BOTI cannot guarantee and does not promise any specific
results from use of BOTI.TV and/or the services..
Limitation on Liability.
IN NO EVENT SHALL
BOTI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF BOTI.TV OR THE SERVICES, EVEN IF BOTI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, BOTI'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOTI FOR PARTICIPATION ON BOTI.TV
AND/OR USE OF THE SERVICES.
Links to
Other Websites, Resources and Advertisers.
BOTI.TV contains links
to third party websites, resources and advertisers. BOTI is not responsible for
the availability of these external websites nor does it endorse or is it
responsible for the contents, advertising, products or other materials made
available on or through such websites. Your use of third party websites is
subject to the terms of use and privacy policies that govern those sites. Under
no circumstances shall BOTI be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused to a
BOTI.TV visitor or Community member in connection with such
websites.
License to Your
Content.
You hereby grant to BOTI a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display, in whole or in part, any User Submission and/or message
you post on BOTI.TV and/or any email sent by you to BOTI and/or to incorporate
it in other works in any form, media or technology now known or later
developed.
Jurisdiction.
BOTI
makes no representation that the content on BOTI.TV is appropriate, available
or legal in any particular location. Those who choose to access BOTI.TV do so
on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. You agree that this Agreement, for
all purposes, shall be governed and construed in accordance with the laws of
the State of California applicable to contracts to be wholly performed therein,
and any action based on or alleging a breach of this Agreement must be brought
in a state or federal court in Los Angeles, CA. In addition, both parties agree
to submit to the exclusive personal jurisdiction and venue of such
courts.
Indemnity.
You agree
to indemnify and hold BOTI, its sponsors, subsidiaries, affiliates, officers,
agents, and other partners, employees and service providers, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of BOTI.TV, including, but
not limited to, content incorporated in a User Submission you post, or the
services in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
above.