Legal Lawyer Crap...
You must be bored if you are really planning on reading this...but I guess we have to have it so enjoy.
Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including
all content and functionality available through the somedrunkguy.com
or somedrunkgirl.com domain names, or the "Some Drunk Guy Website),
you signify your agreement to (1) these terms and conditions (the
"Terms of Service"), and (2)Some Drunk Guy's privacy notice, found
at http://www.somedrunkguy.com/privacy and incorporated here by
reference. If you do not agree to any of these terms, or the Some
Drunk Guy privacy notice, please do not use the Some Drunk Guy
Website.
B. Although we may attempt to notify you when major changes are made
to these Terms of Service, you should periodically review the most
up-to-date version http://www.somedrunkguy.com/terms). Some Drunk
Guy may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
2. Some Drunk Guy Website
A. These Terms of Service apply to all users of the Some Drunk Guy
Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The
Some Drunk Guy Website includes all aspects of Some Drunk Guy,
including but not limited to all products, services, forums, and
other applications.
B. The Some Drunk Guy Website may contain links to third party
websites that are not owned or controlled by Some Drunk Guy. Some
Drunk Guy has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party
websites. In addition, Some Drunk Guy will not and cannot censor or
edit the content of any third-party site. By using the Website, you
expressly relieve Some Drunk Guy from any and all liability arising
from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Some
Drunk Guy Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3. Some Drunk Guy Accounts
A. In order to access some features of the Website, you will have to
create a Some Drunk Guy 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 Some Drunk Guy immediately
of any breach of security or unauthorized use of your account.
B. Although Some Drunk Guy will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the
losses of Some Drunk Guy or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
Some Drunk Guy hereby grants you permission to access and use the
Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the
Website, including but not limited to User Submissions (defined
below), without Some Drunk Guy 's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or Some
Drunk Guy Content through any technology or means other than the
video playback pages of the Website itself, or other explicitly
authorized means Some Drunk Guy may designate.
D. You agree not to use the Website for any commercial use, without
the prior written authorization of Some Drunk Guy. Prohibited
commercial uses include any of the following actions taken without
Some Drunk Guy 's express approval:
• sale of access to the Website or its related services on another
website;
• use of the Website or its related services for the primary purpose
of gaining advertising or subscription revenue;
• the sale of advertising, on the Some Drunk Guy website or any
third-party website, targeted to the content of specific User
Submissions or Some Drunk Guy content;
• and any use of the Website or its related services that Some Drunk
Guy finds, in its sole discretion, to use Some Drunk Guy 's
resources or User Submissions with the effect of competing with or
displacing the market for Some Drunk Guy, Some Drunk Guy content, or
its User Submissions.
E. Prohibited commercial uses do not include:
• uploading an original video to Some Drunk Guy, to promote your
business or artistic enterprise;
• any use that Some Drunk Guy expressly authorizes in writing.
H. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers," that
accesses the Website in a manner that sends more request messages to
the Some Drunk Guy servers in a given period of time than a human
can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, Some Drunk Guy
grants the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose of and
solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of
such materials. Some Drunk Guy 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 (e.g. comments, email)
for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect to
their User Submissions.
I. In your use of the website, you will otherwise comply with the
terms and conditions of these Terms of Service, and all applicable
local, national, and international laws and regulations.
J. Some Drunk Guy reserves the right to discontinue any aspect of
the Some Drunk Guy Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of
content on the Some Drunk Guy Website.
A. The content on the Some Drunk Guy 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 Some Drunk Guy, subject to copyright and other
intellectual property rights under the law. Content on the Website
is provided to you AS IS for your information and personal use only
and may not be downloaded, 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. Some Drunk Guy e reserves
all rights not expressly granted in and to the Website and the
Content.
B. You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the Some Drunk Guy
Service; and
• for Streaming.
"Streaming" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the Some Drunk Guy Service to
a user's device in such a manner that the data is intended for
real-time viewing and not intended to be copied, stored, permanently
downloaded, or redistributed by the user. Accessing User Videos for
any purpose or in any manner other than Streaming is expressly
prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and
personal use solely as intended through the normal functionality of
the Some Drunk Guy Service. User Comments are made available "as
is", and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal
functionality of the Some Drunk Guy Service or otherwise as
prohibited under this Agreement.
D. You may access Some Drunk Guy Content, User Submissions and other
content only as permitted under this Agreement. Some Drunk Guy
reserves all rights not expressly granted in and to the Some Drunk
Guy Content and the Some Drunk Guy Service.
E. 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, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with
security-related features of the Some Drunk Guy Website or features
that prevent or restrict use or copying of any Content or enforce
limitations on use of the Some Drunk Guy Website or the Content
therein.
G. You understand that when using the Some Drunk Guy Website, you
will be exposed to User Submissions from a variety of sources, and
that Some Drunk Guy 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 Some Drunk Guy with respect thereto, and agree to
indemnify and hold Some Drunk Guy, 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.
6. Your User Submissions and Conduct
A. As a Some Drunk Guy account holder you may submit video content
("User Videos") and textual content ("User Comments"). User Videos
and User Comments are collectively referred to as "User
Submissions." You understand that whether or not such User
Submissions are published, Some Drunk Guy does not guarantee any
confidentiality with respect to any User 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: you
own or have the necessary licenses, rights, consents, and
permissions to use and authorize Some Drunk Guy 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.
C. For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to Some Drunk
Guy, you hereby grant Some Drunk Guy 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 Some Drunk Guy
Website and Some Drunk Guy 's (and its successors' and affiliates')
business, including without limitation for promoting and
redistributing part or all of the Some Drunk Guy Website (and
derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Some Drunk Guy
Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, display and
perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The above licenses
granted by you in User Videos terminate within a commercially
reasonable time after you remove or delete your User Videos from the
Some Drunk Guy Service. You understand and agree, however, that Some
Drunk Guy may retain, but not display, distribute, or perform,
server copies of User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and
irrevocable.
D. In connection with User Submissions, you further agree that you
will not 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 Some Drunk Guy all of the license rights
granted herein.
F. Some Drunk Guy does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and Some Drunk
Guy expressly disclaims any and all liability in connection with
User Submissions. Some Drunk Guy does not permit copyright
infringing activities and infringement of intellectual property
rights on its Website, and Some Drunk Guy will remove all Content
and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. Some
Drunk Guy reserves the right to remove Content and User Submissions
without prior notice.
7. Account Termination Policy
A. Some Drunk Guy will terminate a User's access to its Website if,
under appropriate circumstances, they are determined to be a repeat
infringer.
B. Some Drunk Guy 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, such as,
but not limited to, pornography, obscene or defamatory material, or
excessive length. Some Drunk Guy 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.
8. Digital Millennium Copyright Act
A. 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):
• A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail;
• 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
• 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.
B. Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that
you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the content
in your User Submission, you may send a counter-notice containing
the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which
access has been disabled and the location at which the content
appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of
the content; and
• Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal court
in North Carolina, and a statement that you will accept service of
process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright Agent, Some Drunk
Guy may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against
the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at Some Drunk Guy 's sole
discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SOME DRUNK GUY WEBSITE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOME DRUNK
GUY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. SOME DRUNK GUY 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 OMISSIONS IN
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 SOME DRUNK GUY WEBSITE. SOME DRUNK
GUY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SOME DRUNK GUY WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOME DRUNK GUY 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.
10. Limitation of Liability
IN NO EVENT SHALL SOME DRUNK GUY, 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 SOME DRUNK GUY WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 SOME DRUNK GUY 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 Some Drunk Guy from its
facilities in the United States of America. Some Drunk Guy makes no
representations that the Some Drunk Guy Website is appropriate or
available for use in other locations. Those who access or use the
Some Drunk Guy Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Some Drunk Guy, 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
Some Drunk Guy 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 Some Drunk
Guy Website.
12. 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 Some Drunk Guy Website is not
intended for children under 13. If you are under 13 years of age,
then please do not use the Some Drunk Guy Website. There are lots of
other great web sites for you. Talk to your parents about what sites
are appropriate for you.
13. 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 Some Drunk Guy without restriction.
14. General
You agree that: (i) the Some Drunk Guy Website shall be deemed
a passive website that does not give rise to personal jurisdiction
over Some Drunk Guy, either specific or general, in jurisdictions
other than North Carolina. These Terms of Service shall be governed
by the internal substantive laws of the State of North Carolina,
without respect to its conflict of laws principles. Any claim or
dispute between you and Some Drunk Guy that arises in whole or in
part from the Some Drunk Guy Website shall be decided exclusively by
a court of competent jurisdiction located in North Carolina. These
Terms of Service, together with the Privacy Notice at
http://www.somedrunkguy.com/t/privacy and any other legal notices
published by Some Drunk Guy on the Website, shall constitute the
entire agreement between you and Some Drunk Guy concerning the Some
Drunk Guy 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 Some Drunk Guy's failure to assert any right
or provision under these Terms of Service shall not constitute a
waiver of such right or provision. Some Drunk Guy 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 Some Drunk Guy Website following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND SOME DRUNK GUY AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOME DRUNK GUY
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED