|
Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the Debonairblog.com domain
name, the "Debonairblog Website", or "Website"), YOU SIGNIFY
YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of
Service").If you do not agree to any of these terms, then
please do not use the Debonairblog Website.
2. Debonairblog Website
These Terms of Service apply to all users of the Debonairblog
Website, including users who are also contributors of video
content, information, and other materials or services on the
Website. The Debonairblog Website may contain links to third
party websites that are not owned or controlled by
Debonairblog. Debonairblog has no control over, and assumes no
responsibility for, the content, privacy policies, or
practices of any third party websites. In addition,
Debonairblog will not and cannot censor or edit the content of
any third-party site. By using the Website, you expressly
relieve Debonairblog 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 Debonairblog Website and to
read the terms and conditions and privacy policy of each other
website that you visit.
3. Website Access
A. Debonairblog 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
Debonairblog'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 Debonairblog immediately of any breach of
security or unauthorized use of your account. Although
Debonairblog will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the
losses of Debonairblog 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
Debonairblog 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,
Debonairblog 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. Debonairblog 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 Debonairblog 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 Debonairblog, subject
to copyright and other intellectual property rights under
Seychelles 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. Debonairblog 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
Debonairblog Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the
Debonairblog Website or the Content therein.
5. User Submissions
A. The Debonairblog 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, Debonairblog 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 Debonairblog 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 Debonairblog, you hereby
grant Debonairblog 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 Debonairblog
Website and Debonairblog's (and its successor's) business,
including without limitation for promoting and redistributing
part or all of the Debonairblog Website (and derivative works
thereof) in any media formats and through any media channels.
You also hereby grant each user of the Debonairblog 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 Debonairblog 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 Debonairblog all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that
could damage Debonairblog 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. Debonairblog does not endorse any User
Submission or any opinion, recommendation, or advice expressed
therein, and Debonairblog expressly disclaims any and all
liability in connection with User Submissions. Debonairblog
does not permit copyright infringing activities and
infringement of intellectual property rights on its Website,
and Debonairblog will remove all Content and User Submissions
if properly notified that such Content or User Submission
infringes on another's intellectual property rights.
Debonairblog reserves the right to remove Content and User
Submissions without prior notice. Debonairblog 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. Debonairblog 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.
Debonairblog 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").
E. You understand that when using the
Debonairblog Website, you will be exposed to User Submissions
from a variety of sources, and that Debonairblog 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 Debonairblog with respect
thereto, and agree to indemnify and hold Debonairblog, 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. Debonairblog permits you to link to
materials on the Website for personal, non-commercial purposes
only. In addition, Debonairblog 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 Debonairblog website on the pages
containing the Embeddable Player. Debonairblog reserves the
right to discontinue any aspect of the Debonairblog Website at
any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Debonairblog WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
Debonairblog, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. Debonairblog 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 Debonairblog WEBSITE. Debonairblog DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE Debonairblog WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Debonairblog
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 Debonairblog, 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 Debonairblog 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
Debonairblog 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
Debonairblog from its facilities in the Seychelles.
Debonairblog makes no representations that the Debonairblog
Website is appropriate or available for use in other
locations. Those who access or use the Debonairblog 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 Debonairblog,
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 Debonairblog 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
Debonairblog Website.
9. Ability to Accept Terms of
Service
You affirm that you are either more than 18 years of age 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.
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 Debonairblog without restriction.
11. General
You agree that: (i) the Debonairblog Website shall be deemed
solely based in Seychelles; and (ii) the Debonairblog Website
shall be deemed a passive website that does not give rise to
personal jurisdiction over Debonairblog, either specific or
general, in jurisdictions other than Seychelles. These Terms
of Service shall be governed by the internal substantive laws
of the Seychelles, without respect to its conflict of laws
principles. Any claim or dispute between you and Debonairblog
that arises in whole or in part from the Debonairblog Website
shall be decided exclusively by a court of competent
jurisdiction located in Seychelles. 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 Debonairblog's failure to assert any right or
provision under these Terms of Service shall not constitute a
waiver of such right or provision. Debonairblog 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 Debonairblog Website
following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND
Debonairblog AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE Debonairblog WEBSITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
|