<strong>Last updated on June 3, 2015</strong>
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USE OF PERSONAL INFORMATION</strong>
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PROHIBITED CONTENT AND ACTIVITIES </strong>
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<p>Without limiting the forgoing, you agree not to:</p>
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<strong>USER CONTENT AND SUBMISSIONS</strong>
<p>The Services may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, the “<strong>User Content</strong>”).
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<p>You agree not to provide User Content that:</p>
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You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized.</p>
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BREITBART reserves the right to bar any further access to such files or the Services.
You agree that BREITBART shall not be liable to you or any third party for any termination of your access to the Services or Site or deletion of your User Content.</p>
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<p>The Services contain the content of other users and other BREITBART licensors.
Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any Breitbart Content or other content appearing on or through the Site or Services.</p>
<strong>EDITING AND BLOCKING CONTENT</strong>
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<p>BREITBART assumes no responsibility for monitoring the Site for inappropriate content or conduct.
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<strong>COPYRIGHT INFRINGEMENT CLAIMS</strong>
<p>If you believe in good faith that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“<strong>DMCA</strong>”) notice by providing BREITBART with the following information in writing:</p>
<li>a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;</li>
<li>a description of the copyrighted work that you claim has been infringed;</li>
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<li>your name, address, telephone number, and email address and all other information reasonably sufficient to permit BREITBART to contact you;</li>
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<li>a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li>
<p>Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BREITBART actual knowledge of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to BREITBART a counter-notice.
All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.</p>
<p>Notice of claims of copyright infringement can be made as follows:</p>
<strong>Designated Agent:</strong> Webmaster<br>
<strong>Address of Agent:</strong> 149 S.
Barrington Ave., #735, Los Angeles, CA 90049<br>
<strong>Email for notice:</strong> firstname.lastname@example.org</p>
<p>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 containing the following information to the contact address for BREITBART set forth below:</p>
<li>your physical or electronic signature;</li>
<li>identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;</li>
<li>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 User Content.
<li>your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li>
<p>Counter-notice of claims of copyright infringement can be sent to:</p>
<strong>Designated Agent:</strong> Webmaster<br>
<strong>Address of Agent:</strong> 149 S.
Barrington Ave., #735, Los Angeles, CA 90049<br>
<strong>Email for notice:</strong> email@example.com</p>
<p>If a counter-notice is received, you agree that BREITBART 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 BREITBART’s sole discretion.
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.</p>
<strong>THIRD PARTY SERVICES.
EXTERNAL LOCATIONS AND LINKING</strong>
<p>Our Services may permit you to use the Services to post your User Content to other websites and BREITBART may use third parties to provide certain services accessible through the Site (collectively, “<strong>Third Party Services</strong>”).
BREITBART does not control, operate or maintain such third parties, their websites, or their services, and you agree that BREITBART will not be liable to you in any way for your use of such Third Party Services.
<p>The Services may contain links to third party sites and the ability to access external portions of the Internet.
You agree that BREITBART is not responsible for the availability of these third party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby.
Such links do not constitute an endorsement by BREITBART of those other websites or online services, the content displayed therein, or the persons associated therewith.
You acknowledge that some third party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive.
You agree to access third party sites at your own risk and not to permit minors to have access to inappropriate material.
You agree that BREITBART shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against BREITBART, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.</p>
Upon termination, you must cease all use of the Services, including any of the Breitbart Content.</li>
LIMITATION OF LIABILITY</strong>
<p>You agree to defend, indemnify and hold harmless BREITBART and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “<strong>Indemnified Parties</strong>“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services (including, without limitation, your User Content and your use of any Breitbart Content).
(ii) your online conduct.
(iv) your failure to comply with any applicable laws or regulations.
(v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person.
or (vi) any of your dealings or transactions with other persons resulting from use of the Services.</p>
WAIVERS OF LIABILITY</strong>
<p>WITHOUT LIMITING THE FOREGOING, NEITHER BREITBART NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
(2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
BREITBART shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site.</p>
<p>ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.</p>
<p>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREITBART OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.</p>
<p>BREITBART DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES.
ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER BREITBART NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO.
YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER BREITBART NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER BREITBART NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BREITBART OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p>
By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.</p>
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Each party is to bear its own costs and fees.</p>
Upon such termination (i) all licenses granted by BREITBART to you hereunder will terminate and you will no longer have permission to access the Site or Services.
and (ii) the following rights and provisions shall survive in perpetuity: (a) all licenses granted hereunder by you to BREITBART.
and Waivers of Liability”, all other disclaimers of warranties and liabilities by BREITBART, and (c) all provisions providing, in whole or in part, that users shall defend, indemnify and hold harmless BREITBART or third parties.</p>
<p>No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.</p>
<p>The section headings used herein are for convenience only and shall not be given any legal import.</p>
Barrington Ave., #401, Los Angeles, CA 90049.</p>