Copyright © 2011-2012 by Total Bragging Rights.
All rights reserved. No part of this document may be reproduced or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording,
or otherwise, without prior written permission of Total Bragging
Rights.
The information contained in this website is for general
information and entertainment purposes only. The information is provided by
Total Bragging Rights and while we endeavor to keep the information up to date
and correct, we make no representations or warranties of any kind, express or
implied, about the completeness, accuracy, reliability, suitability or
availability with respect to the website or the information, products,
services, or related graphics, content, and video contained on the website for
any purpose. Any reliance you place on such information is therefore strictly
at your own risk.
In no event will we be liable for any loss or damage including
without limitation, indirect or consequential loss or damage, or any loss or
damage whatsoever arising from loss of data or profits, or physical harm
arising out of, or in connection with, the use of this
website.
Through this website you are able to link to other websites
which are not under the control of Total Bragging Rights. We have no control
over the nature, content and availability of those sites. The inclusion of any
links to other websites does not necessarily imply a recommendation or endorse
the views expressed within them.
Every effort is made to keep the website up and running smoothly. However,
Total Bragging Rights takes no responsibility for, and will not be liable for,
the website being temporarily unavailable due to technical issues beyond our
control.
We currently do not collect any information from you unless
you contact us directly via email, in which case we will store your email
address and our correspondence. In the future we plan to implement a web
traffic software program which will provide us with web traffic information
such as how many users are visiting our sites, which sites they are coming
from, which sites they are going to, how long they stay on our site and which
pages they most frequently visit.
We also plan to sell merchandise via a third party website(s). We intend to
provide links to the third party website(s) providing the aforementioned
merchandise. Once this is implemented, the third party site(s) will collect
information from you when you place an order or when you Contact them via
email.
When ordering, as appropriate, you may be asked to enter your: name, email
address, mailing address, credit card information, and/or phone number. You
may, however, visit our site anonymously.
Any of the information we collect from you may be used in
one of the following ways:
We continually strive to improve our website offerings based
on the information and feedback we receive from you.
Your information helps us to more effectively respond to
your customer service requests and support needs, and provide the content and
merchandise you are most interested in.
Your information, whether public or private, will not be
sold, exchanged, transferred, or given to any other company for any reason
whatsoever, without your consent, other than for the express purpose of
delivering the purchased product or service requested.
The email address you provide may be used to send you
information, respond to inquiries, and/or other requests or
questions.
We offer the use of a secure server. All supplied
sensitive/credit information is transmitted via Secure Socket Layer (SSL)
technology and then encrypted into our Payment gateway provider's database only
to be accessible by those authorized with special access rights to such
systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
No, we do not use cookies.
No, we do not sell, trade, or otherwise transfer to outside
parties your personally identifiable information. This does not include trusted
third parties who assist us in operating our website, conducting our business, or
servicing you, so long as those parties agree to keep this information
confidential. We may also release your information when we believe release is
appropriate to comply with the law, enforce our site policies, or protect ours
or others rights, property, or safety. However, non-personally identifiable
visitor information may be provided to other parties for marketing,
advertising, or other uses.
Occasionally, at our discretion, we may include or offer
third party products or services on our website. These third party sites have
separate and independent privacy policies. We therefore have no responsibility
or liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our site and welcome any feedback about
these sites.
Because we value your privacy we have taken the necessary
precautions to be in compliance with the California Online Privacy Protection
Act. We therefore will not distribute your personal information to outside
parties without your consent.
We are in compliance with the requirements of COPPA
(ChildrenÕs Online Privacy Protection Act), we do not collect any information
from anyone under 13 years of age. Our website, products and services are all
directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected
through our website and not to information collected offline.
The content, information, data, designs, code, and materials
associated with the Services (ÒContentÓ) are protected by intellectual property
and other laws. You must comply with all such laws and applicable copyright,
trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Services only for your own
personal, non-commercial use. We reserve all other rights to the Services and
Content, and you may not otherwise copy, reproduce, distribute, publish,
display, perform, or create derivative works of the Services or Content without
our permission. You also may not transfer or sublicense this limited right to
use the Services or resell the Services.
Total Bragging Rights respects intellectual property rights.
If you believe that Content on the Services infringes your copyright or you
have a legal complaint other than a copyright claim, please contact
us.
Some of the Services may allow you to submit or transmit
audio, video, text, or other materials (collectively, ÒUser SubmissionsÓ) to or
through the Services. When you provide User Submissions, you grant to Total
Bragging Rights, its affiliates, and partners a non-exclusive, worldwide,
royalty-free, fully sublicenseable license to use, distribute, edit, display,
archive, publish, sublicense, perform, reproduce, make available, transmit,
broadcast, sell, translate, and create derivative works of those User
Submissions, and your name, voice, likeness and other identifying information
where part of a User Submission, in any form, media, software, or technology of
any kind now known or developed in the future, including, without limitation,
for developing, manufacturing, and marketing products. You hereby waive any
rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned
a User Submission before providing it to us, you will continue owning it after
providing it to us, subject to any rights granted in the Terms and any access
granted to others. If you delete a User Submission from the Services, our
general license to that User Submission will end after a reasonable period of
time required for the deletion to take full effect. However, the User
Submission may still exist in our backup copies, which are not publicly
available. If your User Submission is shared with third parties, those third
parties may have retained copies of your User Submissions. In addition, if we
made use of your User Submission before you deleted it, we will continue to
have the right to make, duplicate, redistribute, and sublicense those
pre-existing uses, even after you delete the User Submission. Terminating your
account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to
you. However, we have no obligation to monitor User Submissions, and you agree
that neither we nor our parent, subsidiaries, affiliates, employees, or agents
will be liable for User Submissions or any loss or damage resulting from User
Submissions.
Except as provided in our Privacy Policy, we do not guarantee that User
Submissions will be private, even if the User Submission is in a
password-protected area. Accordingly, you should not provide User Submissions
that you want protected from others.
You represent and warrant that you have all rights necessary to grant to Total
Bragging Rights the license above and that none of your User Submissions are
defamatory, violate any rights of third parties (including intellectual
property rights or rights of publicity or privacy), or violate applicable
law.
We occasionally provide third party content or link to third
party websites or other Services. We do not necessarily endorse or evaluate
third party content and websites, and we do not assume responsibility for third
partiesÕ actions or omissions. You should review third partiesÕ terms of use
and privacy policies before you use their services.
The Services have been designed to present Content in a
unique format and appearance. Unless we give you permission, you agree not to
access the Services using any interface other than ours. We may deny permission
to link to the Services for any reason in our sole discretion, and you must be
able to edit or delete promptly links that you create, upon our
request.
Without limiting any other provision in these Terms, you may not use the
Services to do the following or assist others to do the following:
¥ Threaten, defame, stalk, abuse,
or harass other persons or engage in illegal activities;
¥ Link to the Services from a site
or transmit any material that is inappropriate, profane, vulgar, offensive,
false, disparaging, defamatory, obscene, illegal, sexually explicit, racist,
that promotes violence, racial hatred, or terrorism, or that we deem, in our
sole discretion, to be otherwise objectionable;
¥ Frame the Services, display the
Services in connection with an unauthorized logo or mark, or do anything that
could falsely suggest a relationship between Total Bragging Rights and any
third party or potentially deprive us of revenue (including, without
limitation, revenue from advertising, branding, or promotional
activities);
¥ Violate any person's or entity's legal rights (including,
without limitation, intellectual property, privacy, and publicity rights),
transmit material that violates or circumvents such rights, or remove or alter
intellectual property or other legal notices;
¥ Transmit files that contain
viruses, spyware, adware, or other harmful code;
¥ Advertise or promote goods or services without our permission (including,
without limitation, by sending spam);
¥ Interfere with others using the Services or otherwise disrupt the
Services;
¥ Transmit, collect, or access
personally identifiable information about other users without the consent of
those users and Total Bragging Rights;
¥ Engage in unauthorized spidering,
Òscraping,Ó or harvesting Content, contact or other personal information, or
use any other unauthorized automated means to compile information;
¥ Impersonate any person or entity
or otherwise misrepresent your affiliation or the origin of materials you
transmit; or
¥ Defeat any access controls,
access any portion of the Services that we have not authorized you to access
(including password-protected areas), link to password-protected areas, attempt
to access or use another userÕs account or information, or allow anyone else to
use your account or access credentials.
We may take any of the following actions in our sole
discretion at any time and for any reason without giving you prior
notice:
¥ Delete, change or deactivate our
Services;
¥ Provide information concerning
you and your activities to comply with applicable laws or respond to court
order, subpoenas, or other lawful requests, or if we believe doing so would
protect your safety or that of another person or protect the security of the
Services, or as otherwise described in our Privacy Policy.
We will not
be liable to you or any third party for taking any of these actions and we will
not be limited to the remedies above if you violate these Terms.
If you do not agree to these Terms, you should immediately stop using the
Services.
You will defend, indemnify, and hold harmless Total Bragging
Rights, its affiliates, and the directors, officers, employees, investors,
vendors, partners, contractors, agents, licensors or other representatives of
each of them and all of their successors and assigns (collectively, the ÒTotal
Bragging Rights PartiesÓ) with respect to all claims, costs (including
attorneyÕs fees and costs), damages, liabilities, and expenses or obligations
of any kind, arising out of or in connection with your use or misuse of the
Services (including, without limitation use of your account, whether or not
authorized by you, and claims arising from User Submissions). Total Bragging
Rights retains the right to assume the exclusive defense and control of any
claim subject to indemnification, and in such cases you agree to cooperate with
us to defend such claim. You may not settle any claim covered by this Section
without Total Bragging RightsÕ prior written approval.
THE TOTAL BRAGGING RIGHTS PARTIES DO NOT WARRANT: (1) THAT
THE SERVICES, ANY OF THE SERVICESÕ FUNCTIONS OR ANY CONTENT OR SOFTWARE
CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE
CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF
VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION
AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE TOTAL
BRAGGING RIGHTS PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,
SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE
SERVICES, ARE PROVIDED ÒAS IS,Ó ÒAS AVAILABLE,Ó AND ÒWITH ALL
FAULTS.Ó
THE TOTAL BRAGGING RIGHTS PARTIES WILL NOT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC,
PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR
USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE TOTAL
BRAGGING RIGHTS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT)
UNLESS SPECIFIED IN WRITING.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF
YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT
ARISE OUT OF THE TOTAL BRAGGING RIGHTS PARTIESÕ ACTS OR OMISSIONS, THE DAMAGES,
IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN
INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE,
PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, WEB SERIES, MOTION PICTURE, OR
OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE TOTAL BRAGGING RIGHTS
PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE
INCORPORATING USER SUBMISSIONS).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE
THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL
CODE ¤ 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms and all claims arising from or related to your
use of the Services will be governed by and construed in accordance with the
laws of the State of California, except California's conflict of law rules.
These Terms will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to
arbitration (as set forth below), you agree to exclusive jurisdiction in the
state and federal courts in San Francisco, California. Notwithstanding any
other provision of these Terms, we may seek injunctive or other equitable
relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must
file any claim or action related to use of the Services or these Terms within
one year after such claim or action accrued. Otherwise, you will waive the
claim or action.
We may elect to resolve any controversy or claim arising out
of or relating to these Terms or the Services by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Unless we establish a different location, arbitration hearings
will be held in San Francisco, California. The arbitratorÕs award will be
binding and may be entered as a judgment in any court of competent
jurisdiction.
Created December 5th 2011.