Effective: 9 September, 2015
These Terms govern your access to and use of Br8kthroo Live, operated and provided by Br8kthroo Corp, including any Br8kthroo Live mobile applications and websites (“Br8kthroo Live Services” or “Br8kthroo Live”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Br8kthroo Live (collectively referred to as “Content”). Your access to and use of Br8kthroo Live is conditioned on your acceptance of and compliance with these Terms. By accessing or using Br8kthroo Live Services you agree to be bound by these Terms.
You are responsible for your use of Br8kthroo Live Services, for any Content you post to Br8kthroo Live, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
Tip: The Content you share with others may be viewed around the world, including on other services and websites.
You may use Br8kthroo Live only if you can form a binding contract with Br8kthroo Corp, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Br8kthroo Live on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Br8kthroo Live only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Br8kthroo Live Services are always evolving and the form and nature of Br8kthroo Live may change from time to time without prior notice to you. In addition, Br8kthroo Corp, may stop (permanently or temporarily) providing Br8kthroo Live (or any features within Br8kthroo Live) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You are responsible for safeguarding the credentials you use to access Br8kthroo Live and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Br8kthroo Corp account or any other account that you may connect to your Br8kthroo Live account. Br8kthroo Corp cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Br8kthroo Live and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Br8kthroo Live or obtained by you through Br8kthroo Live is at your own risk.
Br8kthoo Live uses YouTube platform to transmit Br8kthroo Live. Please follow the link for YouTube Terms of Service.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Br8kthroo Live or endorse any opinions expressed via Br8kthroo Live. You understand that by using Br8kthroo Live, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Br8kthroo Corp, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Br8kthroo Live or broadcast elsewhere.
Tip: We work together with our community to ensure our content rules are respected. Report any content that violates our Community Guidelines.
You retain your rights to any Content you submit, post or display on or through Br8kthroo Live. In order to make Br8kthroo Live available to you and other users, Br8kthroo Corp, Inc. needs a license from you. By submitting, posting or displaying Content on or through Br8kthroo Live, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Br8kthroo Corp, Inc. to provide, promote, and improve Br8kthroo Live and to make Content submitted to or through Br8kthroo Live available to other companies, organizations or individuals who partner with Br8kthroo Corp, Inc. for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Br8kthroo Corp, or other companies, organizations or individuals who partner with Br8kthroo Corp, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Br8kthroo Live.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Br8kthroo Live, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Br8kthroo Corp will not be responsible or liable for any use of your Content by Br8kthroo Corp in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to Br8kthroo Live Services (excluding Content provided by users) are and will remain the exclusive property of Br8kthroo Corp, Inc. and its licensors. Br8kthroo Live is protected by copyright, and other laws of both the United States and foreign countries. Br8kthroo Corp, reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Br8kthroo Corp, or Br8kthroo Live Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Br8kthroo Live, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Br8kthroo Corp, its users and the public.
You may not do any of the following while accessing or using Br8kthroo Live: (i) access, tamper with, or use non-public areas of Br8kthroo Live Services, Br8kthroo Live’s computer systems, or the technical delivery systems of Br8kthroo Live’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Br8kthroo Live Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Br8kthroo Corp, Inc. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Br8kthroo Corp, Inc. (NOTE: crawling Br8kthroo Live Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Br8kthroo Live Services without the prior consent of Br8kthroo Corp, Inc. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Br8kthroo Live Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Br8kthroo Live Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Br8kthroo Live Services.
Br8kthroo Corp respects the intellectual property rights of others and expects users of Br8kthroo Live Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Br8kthroo Live will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Br8kthroo Live is:
Copyright Agent – Br8kthroo Corp
5460 Babcock Rd., #120c,
San Antonio, TX 78240
The Terms will continue to apply until terminated by either you or Br8kthroo Corp as follows.
You may end your legal agreement with Br8kthroo Corp at any time for any reason by deactivating your accounts and discontinuing your use of Br8kthroo Live.
We may suspend or terminate your accounts or cease providing you with all or part of Br8kthroo Live Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Br8kthroo Live Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Br8kthroo Live Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use Br8kthroo Live Services, except that the following sections shall continue to apply: 4, 5, 6, 7, 9, 10, and 11.
Nothing in this section shall affect the rights of Br8kthroo Corp, Inc. to change, limit or stop the provision of Br8kthroo Live Services without prior notice, as provided above in section 1.
10.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Br8kthroo Corp, Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Br8kthroo Corp Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of Br8kthroo Live Services or any Content is at your own risk. You understand and agree that Br8kthroo Live Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BR8KTHROO CORP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Br8kthroo Corp Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Br8kthroo Live or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Br8kthroo Live, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Br8kthroo Live; (iv) whether Br8kthroo Live will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Br8kthroo Corp Entities or through Br8kthroo Live, will create any warranty not expressly made herein.
Br8kthroo Live Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Br8kthroo Corp Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BR8KTHROO CORP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE BR8KTHROO LIVE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON BR8KTHROO LIVE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM BR8KTHROO LIVE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BR8KTHROO CORP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Br8kthroo Corp, IF ANY, IN THE PAST SIX MONTHS FOR BR8KTHROO LIVE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BR8KTHROO CORP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of Br8kthroo Corp to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Br8kthroo Live Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using Br8kthroo Live in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms, are the entire and exclusive agreement between Br8kthroo Corp, and you regarding Br8kthroo Live Services (excluding any services for which you have a separate agreement with Br8kthroo Corp that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Br8kthroo Corp, Inc. and you regarding Br8kthroo Live Services.
We may revise these Terms from time to time, and the most current version will always be at www.Br8kthroo Live.tv/tos If the revision, in our sole discretion, is material we will notify you through Br8kthroo Live Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Br8kthroo Live Services after those revisions become effective, you agree to be bound by the revised Terms.
If you live in the United States, these Terms are an agreement between you and Br8kthroo Corp, 5460 Babcock Rd., #120c, San Antonio, TX 78240 U.S.A.
If you have any questions about these Terms, please contact us firstname.lastname@example.org