83Seconds.com Terms


 


 


This Statement of Rights and Responsibilities derives from the 83Seconds Principles, and regulates our relationship with users and others who interact with 83Seconds. By using or accessing 83Seconds, you are agreeing to this Statement.


 


1. Privacy


 


The privacy of our users is extremely valuable to us. We designed our Privacy Policy to make essential disclosures about how you can use 83Seconds to interact with users and how we collect and can use your content and information. We invite users to become familiar with the Privacy Policy, and to use it as a guide to their decision making while using this site.


 


2. Term.


 


This Agreement, and any posted revision to this Agreement, shall remain active and in effect while you use the 83Seconds Website or are a Member. By using the 83Seconds Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you only browse or use the Site, including through a mobile device, or otherwise use the 83Seconds Services without being registered) or you are a "Member" (which means you have a registered account with 83Seconds). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site if you agree to abide by all laws and the terms of this Agreement that are applicable. Users may terminate their Membership at any time, for any reason, by following the instructions on the Member's Settings page. 83Seconds may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. 83Seconds also reserves the right, in its sole discretion, to decline, refuse to post or delete any posting (including, without limitation, videos, private messages, photos, emails and instant messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the 83Seconds Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, 83Seconds retains the right, in its sole discretion, to reassign or rename your profile URL. 83Seconds retains the right to delete your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the 83Seconds Website if 83Seconds decides, in its sole discretion, that you have violated this Agreement or pose a threat to 83Seconds, its employees, business partners, Users and/or the general public.


 


3. Registration and Account Security


 


83Seconds users must provide their real names and information, and we need your help to keep it that way. Here are some ways you can assist us relating to registering and keeping the security of your account:


 


Users will not provide any false personal data on 83Seconds, or create an account for anyone other than themselves without authorization.


Users will not use their personal profile for their own commercial gain unless authorized.


Users may not use 83Seconds if they are under 13.


Users may not use 83Seconds if they are a convicted sex offender.


Users will keep their contact information accurate and up-to-date.


Users will not share their password, let anyone else access their account, or do anything else that might jeopardize the security of their account.


Users will not transfer their account to anyone without first getting our authorization in writing.


If users select a username for their account we reserve the right to remove or reclaim it if we believe appropriate.


 


4.  User Content and Information


 


Users own all of the content and information they place on 83Seconds, and they can control how it is viewed and used through their privacy and application settings. In addition:


 


For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the henceforth authorization, subject to your privacy and application settings: you provide us with a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in conjunction with 83Seconds  ("IP License"). This IP License ends when you remove your IP content or delete your account unless your content has been shared with others, and they have not removed it.


When you remove IP content, it is discarded in a manner similar to emptying the recycle bin on a personal computer. However, removed content may remain in backup copies for a reasonable period of time (only available to 83Seconds).


The content on the 83Second Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to 83Seconds, subject to copyright and other intellectual property rights under the law.


Content on the Website is provided to you “AS IS” for your knowledge and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise misused for any other reasons under any circumstances without the prior written authorization of the corresponding owners.


 83Seconds retains all rights not expressly granted in and to the Website and the Content.


We always appreciate your feedback or other thought or suggestions about 83Seconds, but you understand that we may use them without any responsibility to compensate you for them (just as you have no responsibility to offer them).


When you publish content or information using the "open" setting, it means that everyone, including people not on 83Seconds, will have access to that information and we may not have control over what is done with your information.


If you use the 83Seconds Embeddable Player on your website, you must include a noticeable link back to the 83Seconds website on the pages that display the Embeddable Player and you may not modify, build upon, or block any part of the Embeddable Player in any way.


If you use the up loader provided by 83Seconds, you agree that it may routinely  download and install updates periodically from 83Seconds. These updates are designed to improve, enhance and further develop the up loader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 83Seconds to deliver these to you) as part of your use of the up loader.


You agree not to use the Website, including the 83Seconds Embeddable Player for any commercial use, without prior written authorization from 83Seconds.


 


5. Safety


 


We go above and beyond to keep 83Seconds safe, but we cannot guarantee it. We need Help from users like yourself, which includes the forthcoming  commitments:


 


Users will not post, upload or otherwise post unauthorized commercial communications (such as spam) on 83Seconds.


Users will not collect users' content or information, or otherwise access 83Seconds, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our authorization.


Users will not engage in unlawful multi-level marketing, such as a pyramid scheme, on 83Seconds.


Users will not solicit login information or access an account belonging to someone else.


Users will not impersonate any person or entity.


Users will not contact anyone who has asked not to be contacted, or make uninvited contact with anyone for any commercial purpose.


Users will not express or imply that any statements you make are endorsed by 83Seconds without our specific prior written consent.


Users will not stalk, bully, intimidate, or harass any user.


Users will not post content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.


Users will not post content that is hateful, threatening, pornographic, or that contains alcohol-related or other mature content, nudity or graphic or gratuitous violence.


Users will not offer any contest, giveaway, or sweepstakes ("promotion") on 83Seconds without our prior written consent.


Users will not upload viruses or other malicious code.


Users will not use 83Seconds to do anything unlawful, misleading, malicious, or discriminatory.


Users will not do anything that could disable, overwork, or damage the proper working of 83Seconds, such as a denial of service attack.


Users will not assist in or promote any violations of this Statement.


 


 


6. Protecting Other People's Rights


 


We respect other people's rights, and expect our users to do the same.


 


Users will not post content or take any action on 83Seconds that infringes or violates someone else's rights or otherwise violates the law.


We can remove any content or information posted on 83Seconds if we believe that it violates this Statement.


We will provide tools to help users protect their intellectual property rights. To learn


If we remove content for infringing someone else's copyright, which is believed to have been removed it by mistake, we will provide an opportunity to appeal.


If a user repeatedly infringes other people's intellectual property rights, we will disable their account if appropriate.


Users will not use our copyrights or trademarks (including 83Seconds, the 83Seconds and 83 box Logos, Help Request, Passion Profile and Aid), or any confusingly similar marks, without our written authorization.


If you collect information from users, you will: obtain their consent, make it clear you (and not 83Seconds) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.


You will not post anyone's identification documents or sensitive financial information on 83Seconds.


 


7. Interactions with Other Users.


 


You take full responsibility for your interactions with other Members.


You understand that 83Seconds does not in any way screen its Members, nor does 83Seconds perform background checks on its Members or attempt to verify the statements of its Members to be 100% true statements.


You agree to take necessary precautions in all communications and interactions with other Members of the 83Seconds Service, primarily if you decide to meet offline or in person.


You understand that 83Seconds makes no guarantees, either express or implied, regarding the reliability of individuals you meet through the 83Seconds Service.


83Seconds makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.


Under no circumstances will 83Seconds be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in conjunction with the use of the 83Seconds Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from interactions or meetings with other registered users of this Service or persons you meet through this Service.


You should not provide your financial information (for example, credit cards or bank account information) to other Members.


 


8. Disclaimers.


 


83Seconds 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 through or in the site.


Under no circumstance will 83Seconds be liable for any loss or damage, including, without limitation, personal injury or death, as a result of use of the 83Seconds Services or Linked Services, attending an 83Seconds event, from any User Content posted on or through the 83Seconds Services or Linked Services, or from the conduct of any Users of the 83Seconds Services, whether on or offline.


The 83Seconds Services and Linked Services are provided "AS-IS" and as available and 83Seconds expressly disclaims any warranty of fitness for a particular purpose or non-infringement.


Profiles and Linked Services created and posted by Members on, though or in conjunction with the 83Seconds Services may include links to other websites or services.


83Seconds cannot guarantee and does not promise any results from use of the 83Seconds Services or Linked Services.


The actions of Users of the 83Seconds Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of 83Seconds.


83Seconds is not liable for any damage, injury or loss caused by Users of the 83Seconds Services or by any of the equipment or programming in affiliation with or used in the 83Seconds Services or Linked Services.


83 Seconds is not responsible for the Content, accuracy or opinions expressed on websites and services accessed through 83Seconds Services or Linked Services and such websites and services are not necessarily, monitored or checked for accuracy by 83Seconds.


The accessibility of any linked website or service on the 83Seconds Services does not signify approval or endorsement of the linked website or service by 83Seconds. By accessing these third party sites and services, you do so at your own risk. 83Seconds takes no responsibility for third party advertisements or Linked Services that are posted on, through or in conjunction with the 83Seconds Services or Linked Services, it also does not take any responsibility for the goods or services offered and/or provided by these third parties.


  83Seconds is not liable 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 83Seconds Services or Linked Services or combination thereof, including, without limitation, 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 83Seconds Services or Linked Services


If any User or Member communication has any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration, 83Seconds assumes no liability.


 


9. About Advertisements on 83Seconds


 


Our objective is to present ads that are not only valuable to advertisers, but also valuable to you. Helping us to do that, you agree to the following:


 


Users can use their privacy settings to limit how their name and profile picture may be associated with commercial or sponsored content served by 83Seconds. Users give us permission to use their name and profile picture in connection with that content, subject to the limits they place.


We do not give user content or information to advertisers without user consent.


You accept that we may not always recognize paid services and communications as such.


 


10. Special Provisions Applicable to Advertisers


 


Advertisers can target their specific audience by buying ads on 83Seconds.


 


When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.


You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.


Your ads will comply with our Advertising Guidelines.


We will determine the size, placement, and positioning of your ads.


We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.


We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.


You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.


Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.


We can use your ads and related content and information for marketing or promotional purposes.


You will not issue any press release or make public statements about your relationship with 83Seconds without written permission.


We may reject or remove any ad for any reason.


 


11. Special Provisions Applicable to Validated Profiles


 


Validated Profiles are special profiles that may only be validated individuals to show that they are a real person (not spam or a form of computer spy wear) using the 83Seconds Services or Linked Services with a non-malicious intent. Validated Profiles are also user for other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).


You may only administer an 83Seconds Validated Profiles if you are an authorized representative of the subject of the Validated Profile.


Validated Profiles are linked to a valid PayPal account or Credit Card (not to exclude debit/bank cards bearing the MasterCard or VISA logo) of which $0.83 will be charged for creating such profiles.


All User Content on, in or through out a Validated Profile is subject to the same Content Terms of Agreement found in section 4. 


 


12. Other


 


83Seconds reserves the right to revise this Statement if we provide you notice (by posting the up coming changes on the tutorial profile). We may revise these Terms periodically, the most current version will always be on the 83Seconds tutorial profile. If the revision, in our observation, is material we will notify you via an e-mail to the email address affiliated with your account. You agree to be bound by the revised Terms if, you persist to access or use the Services after those revisions become effective. To get notice of any future changes to this Statement, periodically check the 83seconds tutorial profile. This Agreement is accepted upon your use of the Site or any of the 83Seconds Services and is further confirmed by you becoming a Member. This Agreement makes up the entire agreement between you and 83Seconds regarding the use of the 83Seconds Services. If 83Seconds fails to enforce any right or provision of these Terms such failure will not be deemed a waiver of such right or provision. If one or more of these provisions of these Terms are held to be invalid or unenforceable, those provisions will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. The remaining provisions of these Terms will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.