This Agreement applies to all users of the Application, including individuals who register with the Application ("Registered Users"). The term "user" refers to Registered Users and any other individual or entity who accesses or uses the Application. PUCKR, LLC ("PUCKR") may modify this Agreement from time to time without notice, and such modification shall be effective upon posting to the Application. You agree to be bound by any modifications to this Agreement when you access or use the Application after any such modification is posted on the Application. It is therefore important that you review this Agreement regularly.
In order to register with the Application as a Registered User, you must be at least fourteen years old. Users younger than fourteen are not allowed to view the site except under the supervision of a parent or guardian. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with the Application is true and complete. PUCKR reserves the right to charge for your registration and for your access to certain content or services on the Application, as may be specified from time-to-time on the Application. Your registration will take effect upon acceptance of your registration form by PUCKR, which PUCKR may accept or reject in its sole discretion. Individuals or entities seeking commercial gain from use of the Application may not register with the Application unless they are pre-approved by PUCKR. Other terms and conditions may apply to your registration as posted from time-to-time on the Application. PUCKR reserves the right to reject or to terminate your registration and use of our Application at any time, for any reason without notice to you. If PUCKR terminates your registration, or restricts in part or in full your use of or access to the Application, you will not be entitled to any refund of your unused registration or premium services fees, if any.
Users retain any rights they have in photos, videos, audio files, text, comments and other materials they submit to the Application or transmit to other users through the Application ("User Submissions"). PUCKR retains full ownership or license rights to all other software, content and materials contained within the Application, including without limitation, graphics, text, scripts, photos, sounds, videos, and music ("Content") and to all patents, copyrights, trademarks, service marks and other proprietary rights in and to the Application and the Content. Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Application and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Application.
By submitting your User Submissions to the Application, you hereby grant to PUCKR a perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions, and all patents, copyrights, trademarks and other proprietary rights therein, including without limitation for promoting, transmitting and distributing the Application, or any part or derivative thereof, in and through any media and channels. You also hereby grant to each user of the Application a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions for their personal, non-commercial use as permitted through the services and functionality of the Application. You are solely responsible for your own User Submissions and the consequences of your User Submissions being posted on and distributed through the Application. With respect to the User Submissions that are removed or deleted, the above licenses granted by you as to other Users will terminate within a commercially reasonable time, but you understand and agree that PUCKR may retain server or other copies of the User Submissions, and that your license grant to PUCKR is perpetual and irrevocable.
You represent and warrant that: (a) you have all rights in and to your User Submissions (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your User Submissions to the Application and grant the rights to your User Submissions provided in this Agreement, and (ii) your User Submissions to be posted and transmitted to and through the Application for the purposes contemplated by the Application and this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Submissions in the manner contemplated by the Application and this Agreement; and (c) the posting and transmission of your User Submissions on and through the Application for the purposes contemplated by the Application and this Agreement does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity. You further agree that you will not submit any User Submissions or any other material, unless you are the owner of such rights as set forth above, or you have lawful permission from the rightful owner of such rights to post the User Submission or any other material, and grant to PUCKR and other User the rights granted herein.
PUCKR prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing PUCKR with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
5. 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.
6. 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.
You agree not to submit or post any User Submission to the Application, or transmit any User Submission through the Application, that (a) violates any patents, copyrights, trademarks or other intellectual property rights, (b) is illegal, obscene, pornographic, defamatory, or libelous, (c) is abusive, hateful, harassing, or threatening, (d) promotes bigotry, racism, or hatred against any group or individual, (e) is false, misleading or constitutes a misrepresentation, (f) encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate, or (g) promotes the exploitation of, or solicits information from, any person under the age of eighteen. PUCKR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. You understand and agree that PUCKR reserves the right to review, edit, block, and delete any of your User Submissions for any reason at any time without notice, including without limitation, if PUCKR determines in its sole discretion that a User Submission is prohibited as provided above or otherwise violates this Agreement.
The PUCKR Application is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval.
You agree not to: (a) initiate or operate any sweepstakes, contests, advertising, barter or marketing schemes on or through the Application; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters or junk email to other users; (d) use any information obtained from or through the Application (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any party; (e) use the Application for, or conduct on or through the Application, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Application.
You agree not to use, launch or receive information from any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like, or any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Application except by the express written consent of PUCKR.
While PUCKR assumes no responsibility for monitoring the Application, it will, when it deems it appropriate, investigate activity in connection with the Application that PUCKR believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by PUCKR, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. PUCKR reserves the right to restrict your activity on, and/or block your access to, the Application any time for any reason without notice to you.
The resolution of disputes that may arise between users is the sole responsibility of the users and PUCKR has no liability or obligation with respect to any such disputes.
To the fullest extent permitted by law, the site, content and user submissions are provided "as-is" and PUCKR expressly disclaims any and all warranties, express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose, with respect to the Application, content and User Submissions and your use thereof. PUCKR does not guarantee any specific results from the use of the Application. The Application may not be available temporarily from time to time for maintenance purposes or other reasons.
PUCKR disclaims any and all responsibility and liability for (a) any inaccuracies, errors or omissions in any content or User Submissions posted on or accessed through the Application or in any content of any other web site linked to this site, (b) any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of the site, any content, or any User Submissions, (c) the conduct, whether online or offline, of any User, (d) any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of video plays on account of technical problems or traffic congestion on the internet or any web site or combination thereof, (e) any personal injury or property damage resulting from your access and use of the Application, content, or User Submissions or your interaction with other users, (f) any unauthorized access to or use of our servers and the information contained thereon, including without limitation, user information, and (g) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like that are transmitted through the Application.
PUCKR assumes no responsibility for monitoring the Application and does not endorse any User Submission or any opinion, statements or advice expressed therein. PUCKR expressly disclaims any and all liability in connection with your access and use of the site, content, and User Submissions and your interaction with other users. You agree that your access and use of the site, content and User Submissions and your interaction with other users is undertaken at your own risk.
The site is operated and provided by PUCKR from its facilities in the United States of America. PUCKR does not represent or warrant that the site complies with the laws of the jurisdiction from which you may be accessing the site through the Internet. You are solely responsible for compliance with your local law. You agree that (a) the site shall be deemed solely based in the State of [ ], and (b) the site is a passive web site that does not give rise to personal jurisdiction over PUCKR in any jurisdiction other than the State of Virginia.
In no event shall PUCKR or its respective affiliates, directors, officers, employees, agents, and assigns be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, whether based on an action or claim in contract, warranty, equity, tort or otherwise, arising from (i) your access or use of the Application, content or User Submissions; (ii) any unauthorized access to or use of our servers, and/or any of the personal or financial information stored therein, if any; (iii) your interaction with other Users; (iv) any errors, mistakes or inaccuracies of content; (v) any interruption or cessation of transmission to or from the Application; or (vi) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like which may be transmitted to or through the Application by any third party, even if PUCKR has been advised of the possibility of such damages. No cause of action arising out of or relating to this Agreement, the Application, content or User Submissions may be brought by you against us more than two (2) years after the cause of action accrued. This limitation of liability shall apply to the fullest extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which says, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".
You agree to indemnify and hold harmless PUCKR and its respective affiliates, directors, officers, employees, agents, licensees and assigns from and against any and all royalties, fees, damages, penalties, claims, costs and losses (including, but not limited to attorney's fees) arising in connection with (i) your use or access to the Application; (ii) your violation of any third party right, including without limitation any copyright, trademark, confidentiality, property or privacy right; (iii) any of your User Submissions; or (iv) your breach of any of the terms of this Agreement.
You hereby (i) irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of any federal or state court located within Norfolk, Virginia (the "Applicable Courts"), (ii) waive any objection to the laying of venue of any such litigation in any of the Applicable Courts, (iii) agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum and agree not otherwise to attempt to deny or defeat such personal jurisdiction or venue by motion or other request for leave from any such court, and (iv) agree that you will not bring any action, suit, or proceeding in connection with any dispute, claim, or controversy arising out of or relating to this Agreement in any court or other tribunal other than any of the Applicable Courts. Nothing in this Section shall prevent enforcement in another forum of any judgment obtained in the Applicable Courts.
This Agreement will be governed by the substantive laws of the United States of America and the Commonwealth of Virginia (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction). This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, superseding any previous or contemporaneous representations, understandings or agreements with respect thereto. You cannot transfer or assign this Agreement or any of the rights or licenses granted hereunder, but you agree that PUCKR may transfer or assign this Agreement or any of the right or licenses granted to PUCKR hereunder. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between PUCKR or you. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of PUCKR to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.
User Provided Information: You provide certain personally identifiable information (such as your name and email address) to PUCKR when choosing to participate in various activities on the Application such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Session and Usage Data. "Session and Usage Data" is information about your use of the Application and includes, without limitation, connection and service-related data submitted to us through your use of the Application. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date and time information. We also may aggregate Session and Usage data.
Log File Information: When you use the Application, our servers automatically record certain information, such as unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use.
If you submit personally identifiable information to us through the Application, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Application.
Any personal information or content that you voluntarily provide to or through the Application becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload content or send messages through the Application and other Users can contact you through messages and comments. Any content that you submit to the Application may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major PUCKR Application changes or for customer service purposes).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, operating system type, etc.) to improve the quality and design of the Application and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We use log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Application; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Application.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact PUCKR with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
PUCKR may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Application. These third-party ad servers or ad networks use technology to send, directly to you, the advertisements and links that appear on the Application. They automatically receive your IP address when this happens. They may also use other technologies to measure the effectiveness of their advertisements and to personalize the advertising content you see.
PUCKR does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks PUCKR to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Application, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
PUCKR uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to PUCKR and you do so at your own risk. Once we receive your transmission of information, PUCKR makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If PUCKR learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. PUCKR may post a notice on the Application if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
PUCKR does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Application from persons under fourteen years of age without the verified consent and permission of a parent or legal guardian. If you are under fourteen years of age, you are not permitted to use or access the Application at any time or in any manner without parental consent and supervision. If PUCKR learns that personally identifiable information of persons under fourteen years of age has been collected on the Application without verified parental consent, then PUCKR reserves the right to take immediate and appropriate steps to delete this information.
In the event that PUCKR is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Application constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.