PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the Hyperlocal Industries (“Street Fight”) website (the “Street Fight Site”), you agree to be bound by the following Terms and Conditions (the “Terms”). These Terms govern only the content, features, and activities related to the Street Fight Site and do not cover any other linked or referenced website associated with the Street Fight Site, unless specifically stated. These terms and conditions constitute a legally binding agreement between you and Street Fight. By using the Street Fight Site, you understand, acknowledge and agree that you will abide by these Terms.
Street Fight reserves the right to modify these Terms from time to time without notice, for any reason in Street Fight’s sole discretion without notice. Street Fight will post or display notices of material changes on the Street Fight Site and/or may email you about these changes. These changes become effective immediately upon posting and if you use the Street Fight Site after the changes become effective, it will signify your agreement to be bound by the changes. Please review these Terms from time to time so that you will be apprised of any changes.
Intellectual Property Rights
The Street Fight Site is proprietary to Street Fight and is protected by intellectual property laws and international intellectual property treaties. The entire contents of Street Fight Site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. Street Fight holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Street Fight Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Street Fight Site. You may not use any Street Fight logo or any other proprietary graphic or trademark without Street Fight’s express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in Street Fight and/or its content providers. Third-party trademarks, service marks and logos contained in the Street Fight Site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
Grant of Limited License
Your access to the Street Fight Site is licensed and not sold. All Street Fight content that is made available to view and/or download in connection with the Street Fight Site is owned by and is the copyrighted work of Street Fight and/or its suppliers and is licensed, not sold. You may not lend, lease, rent or sublicense the Street Fight Site.
You may not, directly or indirectly, (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of Street Fight and the copyright owner; or (b) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Submissions (as defined below), in whole or in part; or (c) remove any proprietary notices or labels on the Content or any User Submissions.
You are responsible for your communications and your use of the Street Fight Site. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (c) use the Street Fight Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Street Fight Site; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Street Fight Site; (h) falsely purport to be an employee or agent of Street Fight; (i) act, or fail to act, in your use of the Street Fight Site, in a manner that is contrary to applicable law or regulation; (j) distribute in any medium any part of the Street Fight Site, including, but not limited to, any User Submissions (as defined below), without Street Fight’s prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of the Street Fight Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Street Fight Site or the Content therein; (k) use the Street Fight Site, any Content or any User Submissions for any commercial use, without the prior written authorization of Street Fight; or (l) engage in any other activity deemed by the Street Fight to be in conflict with the spirit or intent of these Terms.
It is not the intent of Street Fight to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Street Fight Site, nonetheless, Street Fight reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
User Submissions – Blogs and Community Forums
Although some of the individuals posting to the Street Fight Site, including the columnists and moderators, work for Street Fight, any opinions expressed are the personal opinions of the original authors, not of Street Fight. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Street Fight or any other party. Street Fight does not assume any responsibility or liability for any blogs, opinions or other commentary posted on the Street Fight Site or any website linked to the Street Fight Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
Street Fight does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of the Street Fight website (such as bulletin boards (“BBSs”), forums and chat rooms), video content and textual content (collectively, the “User Submissions”).
By posting, uploading, submitting, or inputting any User Submissions to the Street Fight Site or through the Service, alone or as part of other works, you agree to grant to Street Fight a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the Street Fight Site a non-exclusive license to access your User Submissions through the Street Fight Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Street Fight Site and under these Terms.
With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that Street Fight may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against Street Fight for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) Street Fight is under no obligation to post or use any User Submission you may provide; and (c) Street Fight may remove any Submission at any time in its sole discretion.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Street Fight. Street Fight cannot and does not screen content provided by you to the Street Fight Site or through its service. Notwithstanding the foregoing, Street Fight reserves the right to remove any content from the Street Fight Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Street Fight is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
The Street Fight Site is available to the public. No information you consider confidential should be posted to these websites. If you submit content, you agree that Street Fight may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Street Fight may modify, display, delete, transmit or distribute content posted on the Street Fight Site in its sole discretion and without your permission. However, Street Fight shall not be responsible for controlling or editing any content, nor can Street Fight ensure prompt removal of inappropriate or unlawful content.
Links to Third Party Web Sites
Disclaimer of Third Party Information
Street Fight does not and cannot review all communications and materials posted or uploaded to the Street Fight website and is not responsible for the content of these communications and materials. However, Street Fight reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Street Fight.
You understand that when using the Street Fight website, you will be exposed to User Submissions and third party content from a variety of sources, and that Street Fight is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Street Fight with respect thereto.
Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and/or User Submissions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Street Fight website are not authorized Street Fight spokespersons, and their views do not necessarily reflect those of Street Fight, and Street Fight does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.
Street Fight reserves complete and sole discretion with respect to the operation of Street Fight Site. Street Fight may, among other things: (a) make available to third parties information relating to the Street Fight Site and its users; and (b) withdraw, suspend or discontinue any functionality or feature of the Street Fight website. Street Fight may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.
You acknowledge and agree that from time to time the Street Fight website and/or its services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Street Fight may undertake from time to time; or (iii) causes beyond the control of Street Fight or which are not reasonably foreseeable by Street Fight.
THE STREET FIGHT WEBSITE IS PROVIDED BY STREET FIGHT ON AN “AS IS” BASIS. STREET FIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STREET FIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. STREET FIGHT CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. STREET FIGHT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. STREET FIGHT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. STREET FIGHT MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Although Street Fight has attempted to provide accurate information on the Street Fight Site, Street Fight assumes no responsibility for the accuracy or completeness of the information.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STREET FIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
Waiver and Release
YOU AGREE THAT NEITHER STREET FIGHT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE STREET FIGHT WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT STREET FIGHT 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. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST STREET FIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF STREET FIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE STREET FIGHT SITE, THE SERVICE, OR THE CONTENT.
NOTWITHSTANDING THE FOREGOING PARAGRAPH STREET FIGHT WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE STREET FIGHT WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF STREET FIGHT MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Street Fight Site is controlled and offered by Street Fight from its facilities in the United States of America. Street Fight makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Copyright or Intellectual Property Infringement Notification.
Street Fight respects the intellectual property rights of others. If you believe that there may be an instance of copyright infringement on the Street Fight Site, please review our Copyright or Intellectual Property Infringement Notification Policy, currently accessible at Street Fight.
Street Fight may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your Street Fight Account. You may give notice to Street Fight at any time via electronic mail to the following address: info@StreetFightmag.com.