I once read somewhere that someone who once “borrowed” someone else’s work for their site had the nerve to tell them that it was their own fault because they didn’t post a note saying that their work belonged to them. I assumed that went without saying, but apparently it doesn’t. Well, just so there’s no confusion…
MY WORK BELONGS TO ME!!!
The content that I’ve created are solely for use on this website and is not to be posted elsewhere without my permission. This includes the site’s graphics… anything I edited/created for use on this site. Wanna use something I created? Ask me, and depending on what it is I’ll almost certainly say yes. Don’t ask, and you’re plagarizing.
INTRODUCTION AND OVERVIEW
These Terms govern all use of the website owned by located at www.the-hardest-thing.net (the “Site”) and any services or products available on and/or delivered through the Site. Jordan Giesemann owns and operates (the “Site”).
NOTICE OF ARBITRATION: THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The Site is for your personal, non-commercial use. You are encouraged to share our video content across your social media. You may not download (other than page caching) or modify any information on the Site unless we have provided you with express written consent. You shall not make a derivative work of the Site or any Content (as defined below) appearing on the Site for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
These Terms and all other operating rules, policies, and procedures relevant to the Site may be modified by us from time to time (collectively, the “Agreement”). Any subsequent changes by us to the Site shall be subject to the Agreement. We reserve the right, at our sole discretion and at any time, to amend, modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes, including the date first appearing above, to ensure that you have reviewed the most recent version of these Terms. Your continued use of or access to the Site following the posting of any changes to the Agreement constitutes acceptance of the modified Agreement.
DISTRIBUTING VIDEO CONTENT ON SOCIAL MEDIA
The Site is a digital hub used to distribute our unique content on social media websites such as Facebook, Instagram, Snapchat, Youtube and Twitter. We may also offer related products or services on or through the Site, such as a newsletter. We take no payments on or through the Site.
MESSAGES AND FEEDBACK
We welcome your feedback and communications/messages regarding the Site and any products or services offered (“Feedback”), which you may send us at email@example.com. Feedback will not be treated as confidential by us. Your transmitting Feedback to us gives us the right and license, on a non-exclusive, worldwide, perpetual, royalty-free basis, to use all such Feedback, and incorporate any feedback in our sole discretion into the Site or any services. You acknowledge that transmitting unlawful Feedback, such as Feedback that infringes third party rights or is false, defamatory or misleading, could expose you to criminal and/or civil liability.
USER REPRESENTATIONS AND ACKNOWLEDGMENT
You represent that you are at least 13 years old. No individual under the age of 13 may use the Site or accept these Terms.
You acknowledge that the Site is hosted on servers located in the United States and intended for users located within the United States. We do not purport to comply with all applicable laws anywhere in the world. If you are located outside the United States and choose to provide information to us or we collect information about you, any such information, including Personal Information, will be processed on our servers in the United States, and may be stored there in accordance with our standard practices. Your consent to these Terms and provision of such information (if applicable) constitutes your express agreement to the foregoing.
You acknowledge your obligation to comply with all applicable laws, rules and regulations that may apply to access and use of the Site and/or Content, including, without limitation, any and all applicable local, state and federal taxes.
It is a condition of your use of the Site and Content, and any products or services made available on or through the Site, that you do not:
Interfere with the right of any other user to use and enjoy the Site;
Collect information about other users or third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk email, spam, or bulk email, or any other form of unauthorized solicitation;
Take actions that may undermine the integrity and accuracy of, any ratings or reviews of the Site, the Content, or any products or services made available on or through the Site;
Engage in the systematic retrieval of data or other content from the Site or Content;
Attempt to gain unauthorized access to computer systems or networks connected to the Site;
Provide false, fictitious or misleading information or conceal your identity or location, or attempt to circumvent limits associated with promotional or other offers if you provide personal information in order to receive newsletters or any other service; or
Use the Site or Content for unlawful purposes.
The Company reserves the right to monitor use of the Site. You acknowledge that monitoring and verification may require you to provide us with additional information in order to verify and confirm your identity and deter fraud and misuse of the Site. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Privacy Statement. Furthermore, we reserve the right at all times to disclose any information posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is a copyrighted work belonging to the Company, and all videos, images and content appearing on the Site (“Content”) are owned by the Company or its affiliated entities. Except for your right to share videos found on the Site with your friends, acquaintances and on social media generally, you may not reproduce any Content found on the Site without our prior written consent. Any trademarks or service marks appearing on the Site are owned by the Company, its affiliated companies or the indicated third parties, and cannot be used by you without the prior written consent of the trademark owner.
Permission is granted to you to share video Content with your friends and acquaintances solely for your personal use. In addition, you are encouraged to copy and print these Terms and the Privacy Statement, for your reference. Any other use of Content or the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of a duly authorized representative of the Company is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site, webpages or the Content contained thereon without prior written permission of our duly authorized representative.
DISCLAIMER OF WARRANTY
EXCEPT AS OTHERWISE EXPRESSLY INDICATED, THE COMPANY HAS NOT MADE ANY REPRESENTATIONS, WARRANTIES, STATEMENTS OR PROMISES IN THE AGREEMENT, AND YOU HAVE NOT RELIED UPON ANY SUCH REPRESENTATION, WARRANTY, STATEMENT OR PROMISE IN ACCESSING OR USING THE SITE, OR WITH RESPECT TO ANYTHING OFFERED ON OR THROUGH THE SITE. THE SITE, THE CONTENT AND ANY INFORMATION THAT IS ACCESSED OR DELIVERED THROUGH THE SITE OR ANY SERVICE OR DERIVED THEREFROM ARE PROVIDED “AS-IS,” AND THE COMPANY SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING WITH RESPECT TO INFORMATION REGARDING ANY CONTENT, SERVICE OR PRODUCT OFFERED ON THE SITE.
The Company hereby expressly disclaims all representations and warranties, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, accuracy and title, with respect to the Site, the Content, and any product or service offered on or through the Site. The Company does not represent or warrant that the Site or the Content will meet your requirements or that access to and use of the Site or Content will be uninterrupted, error-free or entirely secure. You bear all risk associated with any use of the internet or other means of data transmission by you, and the Company disclaims all responsibility and liability in connection with such use. The Company does not make any representations or warranties with respect to any third party materials or information offered on or through the Site. You acknowledge and agree that any access to or use of the Site and the Content is done at your sole discretion and risk. To the extent the Company cannot disclaim any warranty contained herein as a matter of law, the scope and duration of such warranty shall be the minimum permissible under applicable law.
LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY AFFILIATED ENTITY OR INDIVIDUAL WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTIAL DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY OR ANY AFFILIATED ENTITY UNDER THE AGREEMENT OR RELATING TO THE SITE, THE CONTENT OR ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THE SITE, EXCEED US$100. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, COPYRIGHT, TRADEMARK OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT OR SERVICES OF ANY THIRD PARTY. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED OR LIMITED BY APPLICABLE LAW.
DISPUTE RESOLUTION AND ARBITRATION
Please notify us if you believe you have any problem or dispute that relates to the Site or Content or this Agreement. We will attempt to promptly and amicably resolve any dispute.
We believe that arbitration is a faster and more efficient way of resolving any dispute. All disputes of any nature related to the Agreement shall be determined by final and binding arbitration in the City of Milwaukee, Wisconsin before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.
You will indemnify and hold harmless the Company and its affiliated entities, and their officers, directors, employees and agents (“Indemnified Parties”), from and against any and all damages, losses and costs (including without limitation attorney’s fees and costs) associated with, arising out of or resulting from your access to or use of the Site or the Content, including, without limitation, (i) your breach of any representation, warranty, covenant or other term or provision of these Terms, (ii) your negligent acts or omissions or willful misconduct, and (iii) your infringement of third party rights or violation of applicable laws or regulations. If you are obligated to indemnify any of the Indemnified Parties, we may, in our sole and absolute discretion, control the defense and disposition (including its possible settlement) of any claim at your sole cost and expense. Without limiting the foregoing, you will not settle, compromise or in any other manner dispose of any claim without our prior written consent.
You understand and agree that: (i) we may, in our sole and absolute discretion and at any time, terminate your personal account; and (ii) we may take such action without prior notice to you. Should we take any such action, we may, in our sole and absolute discretion, immediately deactivate or delete any or all information about and concerning your account. We will have no liability to you or any other person for any termination of your access to the Site or the Content. If you violate these Terms, we may pursue damages or any other remedies available to us pursuant to the dispute resolution provision hereof, including without limitation equitable remedies such as specific performance or injunctive relief, against you in any forum we deem appropriate.
The Agreement including these Terms constitutes the entire agreement between you and the Company concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof. The Agreement may only be modified by a written amendment signed by our authorized representative or by our posting of a revised version of the Terms on the Site. Except to the extent applicable law provides otherwise, the Agreement and any access to or use of the Site will be governed by the laws of the State of Wisconsin, without regard to its rules on conflict of laws. If any term or provision of the Agreement is held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the original intent and substance of such invalid provision. A waiver by any party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We reserve the right to assign this Agreement to a third party at any time; your interests may not be assigned without our prior written consent. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.