TheShyteFactory.com Terms of Use
July 01, 2008
Dinkboy (“Dinkboy”. “TheShyteFactory”, “I” or “we”) operates TheShyteFactory.com, which is a personal blog which may contain social networking services that allows Users (“Users” or “Members”) to create unique personal profiles online in order to find and communicate with old and new friends. Dinkboy can be contacted by email at Dinkboy@theshytefactory.com. The products and services offered by TheShyteFactory include any TheShyteFactory branded URL (the TheShyteFactory.com domain name, “TheShyteFactoryWebsite", or “Website”), the TheShyteFactory video conference service, Shyte House User forums, Pinch a Nipple features, the Shyte Media player, and other blog features (for example, music and video embedded players), and any other features, content, or applications offered from time to time by TheShyteFactory in connection with TheShyteFactory’s blog (collectively, the "TheShyteFactory Services"). The TheShyteFactory Services are hosted in the United States.
This Terms of Use Agreement ("Terms of Use" or “Agreement”) sets forth the legally binding terms for your use of the TheShyteFactory Services. By using the TheShyteFactory Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TheShyteFactory Website, including through a mobile device or otherwise use the TheShyteFactory Services without being registered) or you are a" Member" (which means that you have registered with TheShyteFactory). The term "User" refers to a Visitor or a Member. You are only authorized to use the TheShyteFactory Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the TheShyteFactory Website and discontinue use of the TheShyteFactory Services immediately.
This Agreement includes TheShyteFactory's policy for acceptable use of the TheShyteFactory Services and Content (as defined in Section 8. Subsection A.below) posted on or through the TheShyteFactory Services and your rights, obligations and restrictions regarding your use of the TheShyteFactory Services and Content posted on or through the TheShyteFactory Services. In order to participate in certain TheShyteFactory Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from TheShyteFactory. Unless otherwise provided by the additional terms and conditions applicable to the TheShyteFactory Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: dinkboy@TheShyteFactory.com, Subject: Terms of Use Agreement.
TheShyteFactory reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the TheShyteFactory Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. TheShyteFactory expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the TheShyteFactory Services if TheShyteFactory determines, in its sole discretion, that you have violated this Agreement or pose a threat to TheShyteFactory and/or its Users and/or violating any applicable law.
A. By using and/or visiting this personal blog website (collectively, including all content and functionality available through the TheShyteFactory.com domain name, the "TheShyteFactory Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2)TheShyteFactory's privacy notice, found at www.TheShyteFactory/Privacy and incorporated here by reference, and (3) TheShyteFactory's Community Guidelines, found at http://www.TheShyteFactory.com/guidelines and also incorporated here by reference. If you do not agree to any of these terms, the TheShyteFactory privacy notice, or the Community Guidelines, please do not use the TheShyteFactory Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version ( http://www.TheShyteFactory.com/terms). TheShyteFactory may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and such modification shall be effective upon posting by TheShyteFactory on the TheShyteFactory Website. You agree to be bound by such modifications or revisions. Y our continued use of the TheShyteFactory Services after TheShyteFactory posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Eligibility
Use of the TheShyteFactory blog, Services and registration to be a Member for the TheShyteFactory Services (“Membership”) is void where prohibited. By using the TheShyteFactory Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the TheShyteFactory Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
3. Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the TheShyteFactory Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing Dinkboy@theshytefactory.com Subject: Member's Account. You are required to specify any and all services you are registered for and subsequently want to terminate. Only services which require you to signup and register can be terminated by your request. TheShyteFactory may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
4. TheShyteFactory Website
A. These Terms of Use apply to all users of the TheShyteFactory Website, including users who are also contributors of video content, information, and other materials or services on the Website. The TheShyteFactory Website includes all aspects of TheShyteFactory, including but not limited to all products, software and services offered via the website such as the TheShyteFactory channels, the TheShyteFactory "Embeddable Player," the TheShyteFactory "Uploader" and other applications.
B. The TheShyteFactory Website may contain links to third party websites that are not owned or controlled by TheShyteFactory. TheShyteFactory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TheShyteFactory will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TheShyteFactory from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the TheShyteFactory Website and to read the terms and conditions and privacy policy of each other website that you visit.
A. In order to access some features of the Website, you will have to create a TheShyteFactory account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account.
B. Password. When you sign up to become a Member of TheShyteFactoryServices, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TheShyteFactory immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
C. Although TheShyteFactory will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TheShyteFactory or others due to such unauthorized use.
D. Please choose carefully the information you post on or through the TheShyteFactory Services and that you provide to other Users. Your TheShyteFactory profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other TheShyteFactory Members (for instance, in their profile or blog postings) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TheShyteFactory assumes no responsibility or liability for this material. If you become aware of misuse of the TheShyteFactory Services by any person, please click on the "Contact TheShyteFactory” link at the bottom of the TheShyteFactory Website pages and inform us of the misuse.
6 . General Use of the Website—Permissions and Restrictions
TheShyteFactory hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without TheShyteFactory's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or TheShyteFactory Content through any technology or means other than the video playback technologies of the Website itself, the TheShyteFactory Embedded Player, or other explicitly authorized means TheShyteFactory may designate.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TheShyteFactory servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TheShyteFactory grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheShyteFactory reserves the right to revoke these exceptions either generally or in specific cases. 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) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, TheShyteFactory Community Guidelines, and all applicable local, national, and international laws and regulations.
F. TheShyteFactory reserves the right to discontinue any aspect of the TheShyteFactory Website at any time, without liability.
G. The TheShyteFactory Services are for the personal use of general Users and Members and may be used for personal promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by TheShyteFactory. TheShyteFactory reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the TheShyteFactory Services, including collecting usernames, user id numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TheShyteFactory Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. TheShyteFactory reserves the right to take appropriate legal action for any illegal or unauthorized use of the TheShyteFactory Services.
7. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TheShyteFactory Website.
A. The content on the TheShyteFactory Website, except all User Submissions (as defined below), including without limitation, the Blog text, graphics, photos, sounds, music, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by TheShyteFactory or other 3 rd party companies and individuals, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TheShyteFactory reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the TheShyteFactory Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the TheShyteFactory Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the TheShyteFactory Website and/or Service(s) or otherwise as prohibited under this Agreement.
D. You may access TheShyteFactory Content, Blog postings, User Submissions and other content only as permitted under this Agreement. TheShyteFactory reserves all rights not expressly granted in and to the TheShyteFactory Content and the TheShyteFactory Service(s).
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including but not limited to any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the TheShyteFactory Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TheShyteFactory Website or the Content therein.
G. You understand that when using the TheShyteFactory Website, you will be exposed to User Submissions from a variety of sources, and that TheShyteFactory is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheShyteFactory with respect thereto, and agree to indemnify and hold TheShyteFactory, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Proprietary Rights in Content on TheShyteFactory
A. TheShyteFactory does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the TheShyteFactory Services. After posting your Content to the TheShyteFactory Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the TheShyteFactory Services, you hereby grant to TheShyteFactory a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the TheShyteFactory Services, including without limitation distributing part or all of the TheShyteFactory Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the TheShyteFactory Website. This limited license does not grant TheShyteFactory the right to sell or otherwise distribute your Content outside of the TheShyteFactory Services. After you remove your Content from the TheShyteFactory Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the TheShyteFactory Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the TheShyteFactory Website as soon as practicable after you make the change.
B. The license you grant to TheShyteFactory is non-exclusive (meaning you are free to license your Content to anyone else in addition to TheShyteFactory), fully-paid and royalty-free (meaning that TheShyteFactory is not required to pay you for the use on the TheShyteFactory Services of the Content that you post), sublicensable (so that TheShyteFactory is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the TheShyteFactory Services), and worldwide (because the Internet and the TheShyteFactory Services are global in reach).
C. You represent, warrant and covenant that: (i) you own the Content posted by you on or through the TheShyteFactory Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the TheShyteFactory Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the TheShyteFactory Services.
A. As a User or Member of TheShyteFactory you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TheShyteFactory does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TheShyteFactory to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TheShyteFactory, you hereby grant TheShyteFactory a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TheShyteFactory Website and TheShyteFactory's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TheShyteFactory Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TheShyteFactory Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the TheShyteFactory Service. You understand and agree, however, that TheShyteFactory may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in respect to and include, but not limited to User Comments and are considered perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TheShyteFactory all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the TheShyteFactory Community Guidelines, found at http://www.TheShyteFactory.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. TheShyteFactory does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TheShyteFactory expressly disclaims any and all liability in connection with User Submissions. TheShyteFactory does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TheShyteFactory will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TheShyteFactory reserves the right to remove Content and User Submissions without prior notice.
10. Content Posted
A. TheShyteFactory may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of TheShyteFactory violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. TheShyteFactory assumes no responsibility for monitoring the TheShyteFactory Services for inappropriate Content or conduct. If at any time TheShyteFactory chooses, in its sole discretion, to monitor the TheShyteFactory Services, TheShyteFactory nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the TheShyteFactory Services, and any material or information that you transmit or post to and for other User(s) and/or Members and for your interactions with other Users.
C. You are solely responsible for ensuring that all Content that you post on or through any of the TheShyteFactory Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through TheShyteFactory.
11. Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on or through the TheShyteFactory Services. TheShyteFactory reserves the right to investigate and take appropriate legal action against anyone who, in TheShyteFactory's sole discretion, violates this provision, including without limitation, removing the offending Content from the TheShyteFactory Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of TheShyteFactory:
11.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
11.2 harasses or advocates harassment of another person;
11.3 exploits people in a sexual active or violent manner;
11.4 contains sexually explicit content, excessive violence, or offensive subject matter or contains a link to an adult pornographic website;
11.5 solicits personal information from anyone under 18;
11.6 publicly posts information that poses or creates a privacy or security risk to any person;
11.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
11.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
11.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
11.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
11.13 involves commercial activities and/or sales without prior written consent from TheShyteFactory such as contests, sweepstakes, barter, advertising, or pyramid schemes;
11.14 includes a photograph or video of another person that you have posted without that person's consent;
11.15 uses sexually explicit imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
11.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
11.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
11.18 NO videos/photos or content containing any nudity will be accepted under any other area of TheShyteFactory Group of Blogs and/or Social Networking Community. Don’t even try. These types of are restricted exclusively to the Fox Hunt Blogs’s feature: Pinch a Nipple/Slap that Ass and Groove to the Music feature. Here’s the good news…nudity is permitted under the appropriate upload feature, and can be found exclusively in the Fox Hunt blog, specifically under the Pinch a Nipple, Slap that Ass and Groove To the Music Feature. The Pinch a Nipple is for brazen and brave women who want to have their racks rated, while confident women who believe they have a nice ass can submit their pictures/video into the Slap that Ass category, while all women, clothed, nude and seductive strippers can undress under the Groove to the Music category. All video, photo and content submitted must be submitted under the appropriate category or they will not be posted.
The following are examples of the kind of activity that is illegal or prohibited on the TheShyteFactory Website and through your use of the TheShyteFactory Services. TheShyteFactory reserves the right to investigate and take appropriate legal action against anyone who, in TheShyteFactory's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
11.19 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
11.20 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the TheShyteFactory Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, TheShyteFactory reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TheShyteFactory deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the TheShyteFactory Services, you acknowledge that you will have caused substantial harm to TheShyteFactory, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TheShyteFactory USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the TheShyteFactory Services;
11.21 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the TheShyteFactory Services;
11.22 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
11.23 covering or obscuring the banner advertisements on any TheShyteFactory page via HTML/CSS or any other means;
11.24 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
11.25 interfering with, disrupting, or creating an undue burden on the TheShyteFactory Services or the networks or services connected to the TheShyteFactory Services;
11.26 impersonating or attempting to impersonate another Member, person or entity;
11.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
11.28 selling or otherwise transferring your profile;
11.29 using any information obtained from the TheShyteFactory Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
11.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the TheShyteFactory Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
11.31 using the TheShyteFactory Services in a manner inconsistent with any and all applicable laws and regulations.
12.1 Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing TheShyteFactory with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
TheShyteFactory's Copyright Agent for notification of claimed Copyright infringement can be reached electronically by emailing Dinkboy@theshytefactory.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the appropriate channel as found under the contact me feature of TheShyteFactory website. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
All DMCA notices against a claimed Copyright infringement will be handled with our full and immediate attention to resolve the issue, with the unfettered co-operation of Theshytefactory’s Employees, Agents, and/or Proprietor.
B. Counter-Notice. If you believe that your User Submission 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 Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, TheShyteFactory 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 TheShyteFactory's sole discretion.
TheShyteFactory being a personal blog, will provide complete co-operation to help facilitate copyright owners’ control over their copyrighted works.
13. Member Disputes
You are solely responsible for your interactions with other TheShyteFactory Members. TheShyteFactory reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
14. Privacy
Use of the TheShyteFactory Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
15. Disclaimers
YOU AGREE THAT YOUR USE OF THE THESHYTEFACTORY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THESHYTEFACTORY, THE PROPRIETOR, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THESHYTEFACTORY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE THESHYTEFACTORY SERVICES, WHETHER CAUSED BY USERS OF THE THESHYTEFACTORY SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE THESHYTEFACTORY SERVICES AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF THESHYTEFACTORY. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND/OR POSTED BY DINKBOY, THE WEBSITE PROPRIETOR, EMPLOYEES, AGENTS, USERS AND MEMBERS ON THE THESHYTEFACTORY WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. THESHYTEFACTORY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY THESHYTEFACTORY. INCLUSION OF ANY LINKED WEBSITE ON THE THESHYTEFACTORY SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY THESHYTEFACTORY. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. THESHYTEFACTORY TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR THIRD PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE THESHYTEFACTORY SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. THESHYTEFACTORY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE THESHYTEFACTORY SERVICES. THESHYTEFACTORY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. THESHYTEFACTORY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE THESHYTEFACTORY SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE THESHYTEFACTORY SERVICES. UNDER NO CIRCUMSTANCES SHALL THESHYTEFACTORY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE THESHYTEFACTORY SERVICES, ATTENDANCE AT A THESHYTEFACTORY EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE THESHYTEFACTORY SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE THESHYTEFACTORY SERVICES, WHETHER ONLINE OR OFFLINE. THE THESHYTEFACTORY SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND THESHYTEFACTORY EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESHYTEFACTORY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE THESHYTEFACTORY SERVICES, BLOGS OR ARTICLES.
16. Limitation on Liability
IN NO EVENT SHALL THESHYTEFACTORY, ITS PROPRIETOR, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR 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, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 THESHYTEFACTORY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THESHYTEFACTORY SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 TheShyteFactory from its 3 RD PARTY facilities in the United States of America. TheShyteFactory makes no representations that the TheShyteFactory Website is appropriate or available for use in other locations. Those who access or use the TheShyteFactory Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. U.S. Export Controls .
Software available in connection with the TheShyteFactory Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the TheShyteFactory Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
18. Disputes .
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and TheShyteFactory agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the TheShyteFactory Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
19. Indemnity.
You agree to defend, indemnify and hold harmless TheShyteFactory, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TheShyteFactory Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the TheShyteFactory Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the TheShyteFactory Website is not intended for children under 13. If you are under 13 years of age, then please do not use the TheShyteFactory Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheShyteFactory without restriction.
You agree that: (i) the TheShyteFactory Website shall be deemed solely based in British Columbia , Canada; and (ii) the TheShyteFactory Website shall be deemed a passive website that does not give rise to personal jurisdiction over TheShyteFactory, either specific or general, in jurisdictions other than British Columbia Canada. These Terms of Use shall be governed by the internal substantive laws of the Province of British Columbia, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and TheShyteFactory that arises in whole or in part from the TheShyteFactory Website shall be decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia,, Canada. These Terms of Use, together with the Privacy Policy at TheShyteFactory Privacy Policy and any other legal notices published by TheShyteFactory on the Website, shall constitute the entire agreement between you and TheShyteFactory concerning the TheShyteFactory Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TheShyteFactory's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TheShyteFactory reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the TheShyteFactory Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THESHYTEFACTORY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THESHYTEFACTORY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact me at: Dinkboy@theshytefactory.com with any questions regarding this Agreement.