3. Registration. In order to access and use certain content, features and functionality of the Service, we may require that you register for the Service by creating a username and password combination (“User ID”). Your personal account with the Service, which is created when you register for the Service, shall be referred to herein as your “User Account”. If you elect to become a registered user of the Service, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Service by you or any person or entity using your User ID, whether or not such access or use has been authorized by you. You agree to notify us immediately of any unauthorized use of your User ID or User Account or any other breach of security. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe there is a question about the identity of the person trying to access any account or element of the Service. Legalize Now shall not be responsible or liable for any loss or damage arising from your failure to comply with the terms of this section.
4. Right to Use the Service. Legalize Now grants you a limited, revocable, nonexclusive license to use the Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Service, reverse engineer or break into the Service, or use materials, products or services in violation of any law. The use of the Service is at the discretion of Legalize Now and Legalize Now may terminate your use of the Service at any time.
5. User Conduct. You are solely responsible for your conduct in connection with the Service. You represent, warrant and agree that, while using the Service, you will not:
· engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, privacy, or other rights of ours or of any other person or entity;
· submit, post, email, display, transmit or otherwise make available through or in connection with the Service any material or take any action that is or may be, unlawful, harmful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery or content, contains a link to an adult website, or promotes bigotry, hatred or violence of any kind against any group or individual;
· submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that you do not have a right to make available;
· submit, post, email, display, transmit or otherwise make available on, through or in connection with the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· use the Service for commercial or business purposes, or exploiting information or material obtained on, through or in connection with the Service, whether or not for financial or any other form of compensation or through linking with another website or web page;
· modify, disrupt, impair, alter or interfere with the Service or the use of the Service by any other user;
· falsely state or otherwise represent your identity or your affiliation with any person or entity or transmit or otherwise make available on, through, or in connection with the Service any false or misleading information;
· solicit passwords or personal identifying information for commercial or unlawful purposes from other users, or otherwise create a security or privacy risk for any other person or entity; solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “screen scraping,”, “phishing”, “database scraping,” or use or launch any automated systems that access the Service.
6. User Content.
B. For the avoidance of doubt, the foregoing right and license granted to Legalize Now includes the right to include your User Content (including your name, quotes and appearance, and other materials and information submitted via the Service) in and in connection with the development, production, distribution and/or exploitation of a documentary film and/or series relating to the “Legalize Now” movement and the advertising, promotion, publicity and/or merchandising thereof, in perpetuity throughout the universe. You acknowledge that such User Content may be edited at Legalize Now’s discretion and used in whole or in part by any and all means, media, devices, processes and technology now or hereafter known or devised (including, but not limited to, distribution via Legalize Now’s digital platforms and websites) in perpetuity throughout the world. You acknowledge that Legalize Now shall have no obligation to utilize such User Content. You hereby release Legalize Now and its successors, assignees and licensees from any and all claims and demands arising out of or in connection with such use, including, without limitation, any and all claims for invasion of privacy, infringement of right of publicity, defamation (including libel and slander) and any other personal and/or privacy rights. You agree that in no event will you be able to terminate the rights granted hereunder, or to seek or obtain injunctive relief or other equitable relief with respect to the rights granted hereunder, and you waive any and all rights to any claim for fees or other compensation and any right to inspect or approve any derivative works in which your User Content is included (in whole or in part), or the use thereof. You acknowledge and agree that your appearance in the User Content (or any other content in which the same is included, in whole or in part) is not a performance and is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle you to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other compensation under any such collective bargaining agreement or otherwise.
C. You represent and warrant that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein. Legalize Now reserves the right to remove User Content without prior notice.
7. Eligibility. The Service is offered only within the United States to legal residents of the United States who are over the age of 18. The Service is not intended for or directed at individuals under 18 years of age or who are not legal residents of the United States. By using the Service, you represent, warrant and covenant that you are 18 years of age or older and reside in the United States.
9. Digital Millennium Copyright Act. Legalize Now does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Legalize Now will remove User Content if properly notified that such User Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement notifications must be directed to the following designated agent (“DMCA Agent”):
Attn: John Dill
7083 Hollywood Blvd
Los Angeles, CA 90028
For clarity, only DMCA notices should be sent to our DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Info@MassRoots.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If your User Content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Legalize Now for use on the Service, you may send a counter-notice containing the following information to our DMCA Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our DMCA Agent, Legalize Now 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 or the 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 Legalize Now’s sole discretion.
12. Data and Wireless Access Charges. Certain aspects of the Service may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access fees in connection with your use of the Service, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Legalize Now be responsible for any such data access fees and charges in connection with your use of the Service.
13. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Service. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
15. Disclaimer. THE SERVICE, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THEREON, ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. LEGALIZE NOW DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL LEGALIZE NOW OR ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, YOUR USE THEREOF, OR THE CONTENT THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER HAVE TO A TRIAL BY JURY. YOU AND LEGALIZE NOW AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE SERVICE, SHALL BE CONDUCTED IN EACH OF YOUR AND LEGALIZE NOW’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND LEGALIZE NOW EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
21. Customer Support. For assistance with technical issues or customer support inquiries, please email us at Info@MassRoots.com.
22. Contact Information.
Legalize Now, Inc.
Copyright © 2018 Legalize Now, Inc.