WEBSITE & "THIRD-PARTY" WEBSITES
The Website may contain links to "third-party" websites that are not owned or operated by the Company. The Company does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any "third-party" websites. You hereby release the Company from any and all liability arising from your use of any third-party websites.
When you exit the Website, be sure to carefully review the terms and conditions and related policies of each "third-party" website that you visit.
COMPANY ACCOUNTS & USER REGISTRATION
In order to upload video/audio content, still photographs, or contribute comments to the Website, you must be at least 14 years of age and create a Company account. You may not use another user's account. When creating your Company account, you agree to (i) provide true, accurate, correct, and complete information, and (ii) maintain and update such information as your circumstances require. You affirm that you are at least 14 years of age as of the date of your registration with the Website. With the exception of the Company exercising its rights provided and reserved herein (including discretionary administrative and editorial rights), you are solely responsible for the activity that occurs on your account. You must keep your account password secure. You agree to notify the Company immediately of any breach of security or unauthorized use of your Company account or password.
The Company is not liable for any losses caused by any unauthorized use of your Company account. You may, however, be liable for the losses of the Company and others as a result of such unauthorized use.
USE OF THE WEBSITE
By accessing and using the Website, you agree to the following:
You will not modify the Website, including, but not limited to, the Company's web tools or any related technologies.
You will not access User Content or Site Content (as each is defined below) through any technology or means other than the video playback pages of the Website itself or other means the Company may make available.
You will not use the Website, Site Content, User Content, or any other content, for any commercial use without the Company's prior written consent. Prohibited commercial uses include without limitation:
- sale of access to the Website and related services;
- use of the Website and related services for the purpose of obtaining advertising or subscription revenue (including the sale of advertising on the Website); and
- any use of the Website and related services that the Company determines, in its sole discretion, to compete with or displace the market for the Company or the Website.
If you use the Company's web tools, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of the Company's web tools may be required from time to time. You agree to receive, download, and install such updates (and permit Company to deliver these to you).
You may not use or launch automated scripts (including "robots," "spiders," "WebCrawler's" or "offline readers") that access the Website in a manner that delivers more messages than a human can produce using an on-line web browser. Subject to Company's right to revoke the following at any time and for any reason or no reason, operators of search engines may use spiders to copy materials from the Website for the purpose of and to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. 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, etc.) for any commercial purposes.
The content available at the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (including the Company's web tools), trademarks, service marks, and logos contained therein, but excluding User Content (collectively "Site Content"), is owned by the Company (or licensed by the Company to operate the Website) and shall not be altered, modified, compromised, or reverse engineered in any way. Site Content is provided to you "as is" and use of Site Content is restricted solely to personal use and may not be used for any other purpose without the Company's prior written consent. Subject to the permitted uses provided herein with respect to Site Content and User Content, the Company reserves all right, title, and interest in and to the Site Content.
Your access to (including use and sharing of) User Content is limited to personal use. User Content may not be copied, shared, or downloaded unless a "download" or similar link displayed on the Website for that User Content is available.
You will not disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Website or the Site Content therein.
You agree that the Company is not responsible for User Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify defend and hold Company, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of and visit(s) to the Website.
YOUR USER CONTENT AND CONDUCT
As a Company account holder you may submit content to the Website, including pre-recorded video/audio, video/audio recorded directly onto the Website or still photographs (collectively "User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Content".
You affirm that you are the sole owner of and have all right, title, and interest in your User Content.
The Company does not endorse any User Content and Company disclaims all liability in connection with your User Content. The Company does not allow the infringement of intellectual property rights on the Website and the Company will promptly remove all or disable access to User Content if properly notified that such User Content infringes or allegedly infringes on another's intellectual property rights. For the avoidance of any doubt, the Company reserves the right to remove User Content without prior notice at anytime and for any reason or no reason.
ACCOUNT TERMINATION POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, the Company will terminate your access to the Website, including closing your Company account, if the Company determines, in its sole discretion that you are an infringer of another party's intellectual property rights.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner and believe that any User Content or other content found on the Website infringes upon your copyright(s), you (or your agent) may send the Company notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that the Company remove the material or restrict access to it.
If you believe that your User Content 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 Content, you may send a counter-notice to the Company. If you wish to send a notice or counter-notice to the Company, please visit http://copyright.gov/ for details.
All notices, counter-notices, and complaints should be sent to the Company at the following address:
Perky Jerky, LLC
Attn: DMCA Complaints
7400 E Crestline Circle
Greenwood Village, CO 80111
USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE CONTENT OR THE CONTENT LIMITED TO THE WEBSITE IS ACCURATE OR COMPLETE 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 THE 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, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VII) 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 WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A "THIRD-PARTY" THROUGH ANY HYPERLINKED WEBSITE AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, AND ATTORNEYS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY "THIRD-PARTY", AND/OR (VII) 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT 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 the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations and you are responsible for compliance with local law.