Introduction
Welcome to Lockerspace. Lockerspace provides its services
and offerings (the “Lockerspace Service,” as further described below) to
you subject to the following Terms of Use (“TOU”). In addition, when
using the Lockerspace Service, you shall be subject to any posted
guidelines and rules applicable to such service, which may be posted and
updated from time to time. All such guidelines and rules are
incorporated by reference into these TOU.
PLEASE READ THESE TOU CAREFULLY. By accessing or using the
Lockerspace Service, you (“You” or “Your” as applicable) are bound by
the notices, terms and conditions in these TOU and, as applicable,
elsewhere on www.Lockerspace.com (including but not limited to our Privacy
Policy and Copyright Policy,
which are incorporated by reference). If You register on behalf of a
business, You represent to Lockerspace that You have the authority to
bind that business and Your acceptance of these TOU will be treated as
acceptance by that business. In that event, You and Your in these TOU
will refer to that business. If You do not agree to any of these terms
and conditions, You may not use the Lockerspace Service.
The Lockerspace Service
The Lockerspace Service is comprised of (i) the Lockerspace website,
currently located at www.Lockerspace.com (and/or any successor or
additional website(s) owned or operated by or for Lockerspace); (ii) the
Lockerspace syndication network to the extent provided by Lockerspace
(for example, when Lockerspace makes videos available on third party
websites and services, e.g., through embedded players); (iii) the
Lockerspace client, a downloadable application to upload, download and
view content (the “Lockerspace Client”); (iv) the servers operated by or
on behalf of Lockerspace; and/or (v) any other technology and/or
services that Lockerspace provides its users. The Lockerspace Service
may be distributed through any media format through any media channel
and/or via any media device. The Lockerspace Service allows You to make
content and other material available to other users of the Lockerspace
Service and to access videos and other content and other materials made
available by other users of the Lockerspace Service. All comments and
other communications posted or published by You or other users on the
Lockerspace Service, including in any bulletin board, chat, discussion
group, feedback area, news group or email, are referred to as “User
Material.” All content made available by users other than “User
Material” is referred as “Video Content” and includes the audio-visual
display (i.e., video) that may be uploaded to the Lockerspace Service,
along with any other material including, without limitation, music,
animation, text, software, scripts, graphics, images, audio, information
and interactive features. User Material and Video Content are
collectively referred to as “User and Video Content”.
Registration
Registration is not required to view most User and Video Content
provided as part of the Lockerspace Service. However, You are required
to register if You wish to post a comment or upload a video, download
the Lockerspace Client or view certain User Material and Video Content.
If You wish to download the Lockerspace Client You will be subject to
additional terms and condition relating to the license and use of the
Lockerspace Client.
To register You will need to create an account with Lockerspace and
select a password and screen name (“Lockerspace User ID”). You must
provide Lockerspace with accurate, complete, and updated registration
information. Failure to do so will be a breach of these TOU, and may
result in immediate termination of Your Lockerspace account. You may
not (i) select or use as a Lockerspace User ID a name of another person
with the intent to impersonate that person; (ii) use as a Lockerspace
User ID a name subject to any rights of a person and/or entity other
than You without appropriate authorization; or (iii) use as a
Lockerspace User ID a name that is otherwise offensive, vulgar or
obscene. Lockerspace reserves the right to refuse registration of, or
cancel, a Lockerspace User ID in its sole discretion. You are solely
responsible for the activity that occurs on Your account, and You must
keep Your account password secure. You must notify Lockerspace
immediately of any breach of security or unauthorized use of Your
account. Although Lockerspace will not be liable for Your losses caused
by any unauthorized use of Your account, You may be liable for the
losses of Lockerspace or others due to such unauthorized use. All
registration information provided by You shall be subject to
Lockerspace’s Privacy Policy.
User and Video Content
You retain all of Your rights in Your User and Video Content. You
shall be solely responsible for Your User and Video Content, whether
created by or for You, and the consequences of posting or publishing it
on the Lockerspace Service. You may not submit User and Video Content
that contains any pornographic, infringing, hate-related, violent or
illegal content. You may only upload and publish User and Video Content
on the Lockerspace Service for which You have sufficient rights and
licenses to permit the distribution of Your User and Video Content via
the Lockerspace Service. You expressly represent and warrant that You
either own or have secured the necessary licenses, rights, consents, and
permissions to enable Lockerspace to include the User and Video Content
as part of the Lockerspace Service and in the manner contemplated by
these TOU. You acknowledge that You have no expectation of privacy or
confidentiality with respect to Your User and Video Content. You
warrant that all moral rights to the User and Video Content You submit
have been waived. At all times, in using the Lockerspace Service, You
must observe and abide by these TOU, as they may be amended from time to
time.
Ownership
The content accessible through the Lockerspace Service, including
without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like (collectively,
the “Lockerspace Content”) and the trademarks, service marks and logos
contained therein (the “Marks”), are owned by or licensed to
Lockerspace, and subject to copyright and other intellectual property
rights under United States and foreign laws and international
conventions. Except as set forth in these TOU, the Lockerspace Content,
Marks, User Material and Video Content are provided to You AS IS for
Your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any purposes whatsoever except as
set forth in these TOU. Lockerspace reserves all rights not expressly
granted in and to the Lockerspace Service and the Lockerspace Content.
If You download or print a copy of the Lockerspace Content, User
Material or Video Content, You must retain all copyright and other
proprietary notices contained in or on such content and material. You
agree not to circumvent, disable or otherwise interfere with security
related features of the Lockerspace Service or features that prevent or
restrict use or copying of any Lockerspace Content or User and Video
Content.
License
User Material: By submitting, posting, uploading, emailing or
otherwise providing User Material to Lockerspace, You hereby grant
Lockerspace a worldwide, non-exclusive, royalty-free, fully-paid,
perpetual, irrevocable, sublicensable and transferable license to use,
reproduce, modify, distribute, prepare derivative works of, display,
publish, perform and transmit the User Material in connection with the
Lockerspace Service and Lockerspace’s (and its successor’s) business,
including without limitation for promoting and redistributing part or
all of the Lockerspace Service (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each
user of the Lockerspace Service a non-exclusive license to access Your
User Material through the Lockerspace Service, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User
Material as permitted through the functionality of the Lockerspace
Service and under these TOU.
Video Content: You hereby grant to Lockerspace a revocable,
non-exclusive, worldwide, royalty-free, sublicensable and transferable
right and license to: (i) use, display, publicly perform, transmit,
distribute, copy, edit, modify, store, reproduce, make available for
download and/or provide Your Video Content on or through the Lockerspace
Service, either in its original form, as a copy or as a derivative
work; (ii) secure, encode, reproduce, host, cache, route, reformat,
analyze and create algorithms based on Your Video Content; (iii)
distribute, transmit, and/or display Your Video Content and encoded
works via such technologies as are supported by Lockerspace from time to
time through or via the Lockerspace Service; (iv) display
advertisements and promotional material in connection with Your Video
Content; and (v) perform such other acts with respect to Your Video
Content as are necessary from time to time to provide the Lockerspace
Service. This license to Lockerspace will terminate within a
commercially reasonable time after You remove or delete Your Video
Content. You understand and agree that Lockerspace may retain, but not
display, distribute, or perform, server copies of Your Video Content
that have been removed or deleted. For the avoidance of doubt, as
between You and Lockerspace, You retain all ownership rights in and to
the Video Content.
You hereby grant Lockerspace, a non-exclusive, royalty-free right to
reproduce and display Your logos, trademarks, trade names and other
similar identifying material (the “Marks”) solely for the purposes of
promoting, marketing and/or displaying Your User and Video Content and,
to grant sublicenses thereto on the same terms and conditions to end
users and Lockerspace’s affiliates and partners to the extent necessary
in connection with the provision of the Lockerspace Service. This
trademark license will terminate automatically upon the termination of
these TOU between You and Lockerspace.
Video Content
Authority. If You upload content, You represent and warrant at all
times that: (i) You are either more than 18 years of age, an emancipated
minor or possess legal parental or guardian consent and are fully
authorized to enter into these TOU on Your own behalf and on behalf of
any other individuals or companies whom You are representing; (ii) You
are fully able and competent to accept, make and/or perform the terms,
conditions, obligations, representations and warranties set forth in
these TOU, and to abide by and comply with the terms herein; (iii) if
You are a company, You are duly organized, validly existing and in good
standing under the laws of the state of Your organization, You have full
corporate power and authority to enter into these TOU, and You are duly
authorized to perform the obligations and to carry out the provisions
herein; (iv) You understand that these TOU are legal and valid
obligations, binding and enforceable in accordance with their terms; and
(v) neither the execution, delivery and performance of these TOU
conflicts with any agreement, instrument, or understanding, oral or
written, to which You are a party or by which You may be bound, or
violates any law or regulation of any court, governmental body or
administrative or other agency having jurisdiction over You.
Representations and Warranties. You specifically represent and
warrant that (i) You either own fully and outright the Video Content or
have obtained all rights, approvals, licenses, consents and permissions
as are necessary, and are authorized to grant the licenses granted by
You under these TOU, to make the representations and warranties made
herein, and to perform Your obligations hereunder; (ii) Your Video
Content and the distribution and/or publication of Your Video Content
through the Lockerspace Service, directly or indirectly, does not, and
shall not, infringe or misappropriate any copyright, trademark, privacy
right, name and likeness right or any other rights of any third party;
(iii) You have obtained all necessary consents (including with respect
to name and likeness), secured all licenses and paid all associated fees
required to be paid to third parties (including for the use of any
music performed in, contained in or synchronized with any of the Video
Content) (“Third Party Fees”) with respect to the Video Content and You
covenant to timely pay any and all Third Party Fees required to be paid
in the future. You further expressly agree that, as between You, on the
one hand, and Lockerspace and its affiliates, subsidiaries and
distribution partners on the other hand, any obligation to secure any
third party rights and to pay Third Party Fees as a result of
distribution of Your Video Content pursuant to these TOU shall be Your
obligation and not the obligation of Lockerspace or any of its
affiliates, subsidiaries or partners.
Publication Options. By using the publisher portion of the
Lockerspace Service, You may select options made available by
Lockerspace regarding the presentation, management, distribution of and
end user access to Your Video Content. You may change Your selections
regarding each option to the extent permitted by the publisher portion
of the Lockerspace Service. In all cases, Your last selections
reflected in Lockerspace’s database shall be conclusive in the event of
any dispute.
Suspension. Lockerspace reserves the right to suspend its
performance of the User and +Video Content or any aspect thereof under
these TOU at any time, without giving prior notice, for any act which
Lockerspace, in its sole discretion, determines to be harmful to any end
user of the Lockerspace Service, the Lockerspace Service itself or
which Lockerspace determines in good faith violates or fails to comply
with any applicable law or regulation. Lockerspace may, without notice
to You, remove or block any Video Content from the Lockerspace Service.
Removal. Lockerspace respects the licensing choices of its
publishers to viewers, including Creative Commons type licenses. You
may elect to remove Your Video Content from the Lockerspace Service at
any time. Lockerspace will use commercially reasonable efforts to
remove Your Video Content from the Lockerspace Service within three
business days after receipt of Your notice of removal but shall have no
liability for failure to remove such Video Content. You acknowledge and
agree that Lockerspace has limited practical ability to control or
monitor possible infringement of Your intellectual property rights by
other parties and that Lockerspace assumes no responsibility for
controlling or monitoring such intellectual property rights and shall
have no liability for any alleged infringement. In addition,
Lockerspace is not responsible for enforcing Your intellectual property
rights, including filing suit or taking other legal action against
infringers or against Lockerspace’s distribution partners who fail to
cease using Your Video Content upon Your election to remove such Video
Content from the Lockerspace Service.
User Behavior
Lockerspace grants You permission to use the Lockerspace Service
subject to all of the terms and conditions set forth in these TOU.
As a condition of use, You agree not to use the Lockerspace Service
for any purpose that is unlawful. You agree to abide by all applicable
local, state, national and international laws and regulations,
including, without limitation, all intellectual property laws (such as
U.S. copyright laws). Any unauthorized use of the Lockerspace Service
is expressly prohibited.
By way of example, You agree not to (a) take any action or (b)
upload, download, post, submit or otherwise distribute or facilitate
distribution of any User and Video Content, using any communications
service or other service available on or through the Lockerspace
Service, that:
- infringes any patent, trademark, trade secret, copyright, right
of publicity or other right of any other person or entity; or
- is threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another’s privacy, tortious,
offensive, profane, pornographic or obscene, or promotes hate or incites
violence; or
- misrepresents the source, identity or content of information
transmitted via the Lockerspace Service; or
- constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (“spamming”) or a chain letter, a pyramid scheme, petitions
for signatures, charity requests or any other similar solicitation; or
- contains software viruses or any other computer codes, files, or
programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access
to any system, data or other information of Lockerspace or any third
party; or
- impersonates, or falsely indicates an affiliation with, any
person or entity, including, without limitation, any employee or
representative of Lockerspace or access the Lockerspace accounts of
others without permission; or
- constitutes an offer, for sale or otherwise, of any firearms,
explosives, weapons, tobacco products, controlled substances,
pharmaceuticals, counterfeit or stolen articles, registered or
unregistered securities, or any items that would cause Lockerspace to
violate any applicable law or regulation;
- collects, or attempts to collect, personal information about
users without their consent or constitutes a solicitation, for
commercial purposes, any users of the Lockerspace Service with respect
to their Video Content; or
- otherwise violates these TOU, the Privacy Policy, or any other
policy posted on the Lockerspace website.
Additionally, You agree that You will not: (i) take any action that
imposes, or may impose, in Lockerspace’s sole discretion, an
unreasonable or disproportionately large load on Lockerspace’s
infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Lockerspace Service or any activities conducted on the
Lockerspace Service; (iii) alter or modify any part of the website or
access User and Video Content through any technology or means other than
those explicitly designated by Lockerspace; (iv) bypass any measures
Lockerspace may use to prevent or restrict access to the Lockerspace
Service, other accounts, or computer systems or networks connected to
the Lockerspace Service; or (v) interfere with any other user’s
enjoyment of the Lockerspace Service, including, without limitation,
accessing an account of a Lockerspace user that is not Yours.
You may not (and may not permit others to), directly or indirectly,
modify, translate, decompile, disassemble, or reverse engineer any part
of the Lockerspace Service or any content available through the
Lockerspace website (except to the limited extent applicable laws
specifically prohibit such restriction), or copy, rent, lease,
distribute, or otherwise transfer any of the rights that You receive
hereunder. In addition, You may not remove any proprietary notices,
marks or labels.
You shall not launch or otherwise use any robot, spider, scraper or
other automated means to access the Lockerspace Service in a manner
which sends more request messages to the Lockerspace server in any given
period of time than a typical human would normally produce in the same
period by using a conventional on-line web browser to read, view and
submit materials. Notwithstanding the foregoing, we grant the operators
of search engines permission to use robots to copy materials from the
site for the sole purpose of creating publicly-available searchable
indexes of the materials, but not caches or archives of the materials,
provided that we reserve the right to revoke these exceptions either
generally or in specific cases.
You shall not harvest or collect information from the Lockerspace
Service, including, without limitation, information about other users of
the Lockerspace Service. The use of any information learned through
the Lockerspace Service or while on the Lockerspace website is limited
to the express purposes set forth in these TOU; all other uses are
strictly prohibited.
Unless expressly authorized, You shall not frame or otherwise display
any portion of the Lockerspace.com website or any of its contents. No
hyperlinks to any password protected web pages on the Lockerspace.com
website are allowed. Hyperlinks to non-restricted pages are subject to
review and termination by Lockerspace in our sole discretion.
No Endorsement; Availability; Monitoring
You understand that You will be exposed to User Material and Video
Content from a variety of users. You acknowledge that Lockerspace does
not endorse, evaluate or guarantee any User and Video Content and You
may not state or imply any such endorsement, evaluation or guarantee.
Lockerspace is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of User Material or Video Content.
Lockerspace does not guarantee that any User and Video Content will be
made available on the Lockerspace Service, whether continuously or at
all. Lockerspace does not assume any responsibility or liability for
any User and Video Content and You agree to waive any legal or equitable
rights or remedies You may have against Lockerspace regarding such User
and Video Content. You acknowledge that You have no expectation of
privacy or confidentiality with respect to Your User and Video Content.
Lockerspace shall have no obligation to monitor any User and Video
Content. However, Lockerspace and its agents shall have and do reserve
the right to monitor any User and Video Content from time to time for
any lawful purpose. Lockerspace may, without notice to You, remove or
block any User and Video Content from the Lockerspace Service, including
disabling access to such User and Video Content that You have
downloaded through the Lockerspace Service. You further understand and
acknowledge that You may be exposed to User Material or Video Content
that is inaccurate, offensive, indecent, or objectionable.
Termination
Lockerspace may terminate Your access to all or any part of the
Lockerspace Service at any time, with or without cause, with or without
notice, effective immediately. You may terminate Your use of the
Lockerspace Service at any time, provided that all provisions of these
TOU, which by their nature should survive termination, shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Lockerspace and its
affiliates, subsidiaries and distribution partners and their respective
officers, directors, employees and/or agents (collectively, “Lockerspace
Indemnitees”) from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorneys’ fees) arising from: (i) Your use of and
access to the Lockerspace Service; (ii) Your violation of any term of
these TOU, including any breach of any representation, warranty,
covenant or agreement made by You herein; (iii) Your violation, alleged
or actual, of any third party right, including without limitation any
copyright, property, or privacy right; (iv) any claim that any User
Material or Video Content You uploaded or published on the Lockerspace
Service caused damage to a third party; or (v) Your gross negligence or
willful malfeasance (collectively, “Claims”). You are solely
responsible for defending any such Claims, and for payment of losses,
costs, damages or expenses resulting from the foregoing to both a third
party and to the Lockerspace Indemnitees. Lockerspace shall have the
right, in its sole discretion, to select its own legal counsel to defend
the Lockerspace Indemnitees from any Claims (but by doing so shall not
waive Your indemnity obligations), and You shall be solely responsible
for the payment of all reasonable attorneys’ fees incurred by the
Lockerspace Indemnitees in connection therewith. You shall notify
Lockerspace immediately if You become aware of any actual or potential
Claims, suits, actions, allegations or charges that could affect Your or
Lockerspace’s ability to fully perform its respective duties or to
exercise its respective rights under these TOU. You shall not, without
the prior express written approval of Lockerspace, settle, dispose or
enter into any proposed settlement or resolution of any Claim (whether
having been finally adjudicated or otherwise) brought against You, if
such settlement or resolution results in any obligation or liability for
any Lockerspace Indemnitee. This defense and indemnification
obligation will survive these TOU and Your use of the Lockerspace
Service.
Disclaimer
THE Lockerspace SERVICE, Lockerspace CONTENT AND MARKS ARE PROVIDED
BY Lockerspace “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY
PROVIDED IN THESE TOU, Lockerspace MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN
CONNECTION WITH THESE TOU, INCLUDING BUT NOT LIMITED TO THE Lockerspace
SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY
LAW, Lockerspace DISCLAIMS ALL WARRANTIES REGARDING THE Lockerspace
SERVICE AND ITS CONTENTS AND MARKS, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT,
NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY
PRODUCTS OR SERVICES AVAILABLE VIA THE Lockerspace SERVICE (EXCEPT AS
MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE
PRODUCTS OR SERVICES) OR OTHERWISE. YOU AGREE THAT USE OF THE
Lockerspace SERVICE SHALL BE AT YOUR SOLE RISK. Lockerspace MAKES NO
REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE Lockerspace
SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR
STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE
THAT THE Lockerspace SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR
CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND
APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND
PROTECTIONS, IF AVAILABLE. Lockerspace MAKES NO REPRESENTATION OR
WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE
SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD,
LEVEL OR METRIC, AND Lockerspace SHALL NOT BE LIABLE FOR ANY FAILURE
THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT
TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE
ACQUIRE YOUR VIDEO CONTENT WITHOUT YOUR AND/OR Lockerspace’S
AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO
CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, Lockerspace
DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE Lockerspace
SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER
ADVERTISING, AND Lockerspace WILL NOT BE A PARTY TO OR IN ANY WAY
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD
PARTY WITH RESPECT THERETO.
Limitation of Liability
IN NO EVENT SHALL Lockerspace OR ITS AFFILIATES, SUBSIDIARIES,
PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT,
INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR
REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THE Lockerspace SERVICE, THE VIDEO CONTENT, THE
PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE
TOU, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED
THROUGH THE Lockerspace SERVICE (INCLUDING BUT NOT LIMITED TO,
Lockerspace CONTENT AND Lockerspace MARKS), WHETHER AS A RESULT OF
ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR
DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF
Lockerspace OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, Lockerspace ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR
INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO
CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO OR USE OF THE Lockerspace SERVICES; ANY
UNAUTHORIZED ACCESS TO OR USE OF THE Lockerspace SERVERS AND/OR ANY
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Lockerspace
WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE Lockerspace WEBSITE BY ANY
THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF THE Lockerspace SERVICE OR ANY CONTENT, INCLUDING ANY USER
MATERIAL OR VIDEO CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE
THROUGH THE Lockerspace SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES,
SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY
PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE
UNDER APPLICABLE LAW, Lockerspace’S AND ITS SUPPLIERS’ AGGREGATE
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
Copyright Policy
Lockerspace respects the rights of copyright holders. We have
established a copyright policy
which is incorporated herein by reference.
Privacy Policy
Please read the Privacy Policy carefully for disclosures relating to
the collection and use of Your personal information. The Privacy
Policy, is incorporated by reference and made part of these TOU.
Your use of the Lockerspace Service is subject to Your acceptance of our
TOU which include the Privacy Policy.
Miscellaneous
Acceptance. If You do not accept all of the terms and conditions set
forth in these TOU, You may not access or use the Lockerspace Service.
Ability to Accept. The Lockerspace Service is only available to users
who are over the age of 18, or an emancipated minor, or possess legal
parental or guardian consent and are fully able to and competent to
enter into and abide by the terms, conditions, obligations,
representations and warranties set forth in these TOU. If You are under
13 years of age, You may not register for or use the Lockerspace
Service.
Assignment. You may not assign any of Your rights or obligations under
these TOU without Lockerspace’s express prior written consent.
Lockerspace may assign its rights or assign or delegate any of its
obligations under these TOU without restriction.
Enforceability and Waiver. If any provision of these TOU is found
illegal or unenforceable, the TOU will be enforced to the maximum extent
permissible, and the legality and enforceability of the other
provisions of these TOU will not be affected. No delay or failure by
Lockerspace to exercise or enforce any of its rights under these TOU
will act as a waiver of such rights.
Entire Agreement. These TOU constitutes the entire understanding of the
parties hereto with respect to the matters and transactions
contemplated hereby and supersedes all previous agreements between You
and Lockerspace concerning the subject matter hereof. Neither party
hereto has relied on any statement, representation or promise of the
other party or representative thereof in agreeing to these TOU.
Export and International Use. The Lockerspace Service is controlled and
offered by Lockerspace from its facilities in the United States of
America. Lockerspace makes no representations that the Lockerspace
Service is appropriate or available for use in other locations. Those
who access or use the Lockerspace Service from other jurisdictions do so
at their own volition and are responsible for compliance with local
law.
Force Majeure. In the event that Lockerspace is prevented from
performing or is unable to perform any of its obligations under these
TOU due to any cause beyond its reasonable control, then Lockerspace’s
performance shall be excused and the time for performance shall be
extended for the period of delay or inability to perform due to such
occurrence.
Good Faith. You agree to act in good faith with respect to each
provision of these TOU and any dispute that may arise related hereto or
thereto.
Links to Third Party Websites or Services. As a convenience for its
users, Lockerspace may provide links on this website to other websites
owned by third parties or make viewing of videos available on third
party websites or services. Unless otherwise stated, Lockerspace does
not endorse or control these third parties and takes no responsibility
for them or their websites. Please refer to these third party websites
for their terms and conditions and other policies.
Governing Law, Jurisdiction and Venue. These TOU shall be governed by
and construed in accordance with the laws of the State of California,
without regard to or application of choice of law rules or principles.
You expressly consent to the personal and exclusive jurisdiction and
venue of the state and federal courts located in Los Angeles County of
the State of California for any claim or action arising out of or
relating to these TOU or Your use of the Lockerspace Service. You agree
that: the Lockerspace Service shall be deemed to be solely based in the
State of California; the Lockerspace website shall be deemed a passive
website that does not give rise to personal jurisdiction over
Lockerspace, either specific or general, in jurisdictions other than the
State of California; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE Lockerspace SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE
OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these TOU
are included for convenience only, and shall not limit or otherwise
affect the terms hereof.
Modification. Lockerspace shall have the right to modify these TOU at
any time, which modification shall be effective upon posting the new TOU
on the Terms of Use page of the Lockerspace Website. We recommend
that You check the Lockerspace website regularly for any such changes.
Your use of the Lockerspace Service following such posting shall be
deemed to constitute Your acceptance of such modification. These TOU
may not otherwise be changed or modified, except in a writing signed by
an authorized representative of Lockerspace.
Notices. All notice required to be given in writing and delivered
either by hand or by recognized overnight delivery service shall be
pre-paid and addressed as set forth below.
If to Lockerspace: Lockerspace
Address
City, State Zip
Attn: General Counsel
If to You: Via email or transmittal to the address identified by You
through Your registration for the Lockerspace Service shall constitute
notice to You.
Severability. Each provision of these TOU shall be severable from every
other provision hereof for the purpose of determining the legal
enforceability of any specific provision.
Survival. All terms of these TOU which by their nature extend beyond
their termination shall remain in effect for as long as necessary to
permit their full discharge and apply to each party’s respective
successors and permitted assigns.
Use. The Lockerspace Service is controlled and offered by Lockerspace
from its facilities in the United States of America. Lockerspace makes
no representations that the Lockerspace Service is appropriate or
available for use in other locations. Those who access or use the
Lockerspace Service from other jurisdictions do so at their own volition
and are responsible for compliance with local law.