Welcome to Spin The Bottle
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
Spin The Bottle, Inc. (“Spin The Bottle,” “we” or “us”) provides an online video service offering a selection of television shows, music performances, clips and other content (collectively, “Content”) available on the SpinTheBottle.com website (the “Spin The Bottle Site”), Spin The Bottle’s affiliate and distribution partner websites (“Distribution Sites”), and other websites where users may embed the Content (these websites, together with the Spin The Bottle Site and Distribution Sites, are referred to collectively as the “Sites”). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by Spin The Bottle in connection with its business on any of the Sites are referred to collectively as the “Spin The Bottle Services.” We are a website based in the United States.
It is our pleasure to provide the Spin The Bottle Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Spin The Bottle Services, it is important to follow the terms and conditions described in this Terms of Use (“Terms of Use” or “Terms”). By visiting the Spin The Bottle Site (whether or not you are a registered member) or using any of the Spin The Bottle Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at info@spinthebottle.com (subject line: “TOU Question”).
2. CHANGES TO THE TERMS OF USE BY SPIN THE BOTTLE
Spin The Bottle may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Spin The Bottle Site at http://www.spinthebottle.com/terms. Any visit to the Spin The Bottle Site or use of the Spin The Bottle Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
You also have to give us certain registration information, all of which must be accurate and updated. Various profile pages and account information pages will provide you with the ability to update your information. You are responsible for maintaining the confidentiality of your password, if any, which you will not have to reveal to any representative or agent of the Site. If any account that you have with Spin The Bottle permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.
You must notify info@spinthebottle.com of any known or suspected unauthorized use(s) of your account, or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Site?s sole discretion, and the Site may refer you to appropriate law enforcement agencies.
3. ACCESS AND USE OF THE SPIN THE BOTTLE SERVICES
You must be at least 13 years of age to visit the Spin The Bottle Site or use the Spin The Bottle Services on any Site.
Spin The Bottle grants you a limited license to access the Spin The Bottle Site and make personal, non-commercial use of the Spin The Bottle Services. Spin The Bottle owns and retains all rights to the Spin The Bottle Services.
The Content provided to users as part of the Spin The Bottle Services on any Site is owned by Spin The Bottle and its licensors, and is protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of Content on any of the Sites is strictly prohibited unless you have obtained the prior written consent of Spin The Bottle or unless it is expressly permitted by Spin The Bottle on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video material, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of Spin The Bottle or unless it is expressly permitted by Spin The Bottle on a Site. This prohibition applies even if you intend to give away the derivative materials.
With respect to Spin The Bottle’s video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. Also, you may not embed Spin The Bottle’s video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, “Unsuitable Material”).
In order to participate in certain Spin The Bottle Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
In order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue some or all of the Spin The Bottle Services, at any time without notice or liability.
4. PAYMENTS
Access to the Spin The Bottle Site and use of the Spin The Bottle Services is free. If we feel it is appropriate to charge for certain premium Spin The Bottle Services, we will of course notify you. You will then have an opportunity not to use such premium Spin The Bottle Services if you are not interested in paying for them. You are responsible for any carrier charges to access the internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the Spin The Bottle Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at help@spinthebottle.com (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing help@spinthebottle.com (subject line: “Account Termination Request”). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the Spin The Bottle Services at any time without notice or liability if Spin The Bottle determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Spin The Bottle’s policies and practices regarding the collection and use of your personally identifiable information, please read Spin The Bottle’s Privacy Policy located at http://www.spinthebottle.com/privacy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the Spin The Bottle Site and use of the Spin The Bottle Services on any of the Sites are governed by the Spin The Bottle Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
As part of the Spin The Bottle Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, “Post”) reviews, comments, content (e.g. photographs, graphics, videos) or other materials (collectively, “User Material”). In order to keep the Spin The Bottle Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Spin The Bottle Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; (b) discloses personally identifiable information, such as your full name, email address, telephone number or street address; (c) attempts to collect personally identifiable information in violation of our Privacy Policy; (d) utilizes bots or spiders or disproportionately burdens Spin The Bottle’s system; (e) improperly claims the identity of another person; (f) is for purposes of spamming; (g) contains any virus or other harmful component; or (h) is for commercial purposes, contains advertising, or attempts to solicit. If you breach these Terms and Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Spin The Bottle Services, you acknowledge that you will have caused substantial harm to Spin The Bottle, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Spin The Bottle $50 for each such unsolicited communication you send through the Spin The Bottle Services.
Despite these restrictions, please be aware that some material provided by users may be inaccurate or inappropriate. Spin The Bottle does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Spin The Bottle. We reserve the right, but have no obligation, to monitor User Material and to restrict
or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Spin The Bottle assume any responsibility or liability whatsoever for any User Material. Please notify us of any inappropriate User Material you find. If a “report” feature through the Spin The Bottle Services is not available for a specific nstance of inappropriate User Material, please email info@SpinTheBottle.com (subject line: “Inappropriate User Material”).
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Spin The Bottle the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material.
Spin The Bottle does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Spin The Bottle a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Spin The Bottle Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Spin The Bottle Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we
could not allow other users to view your User Material. The license you grant to Spin The Bottle is non-exclusive (meaning you are free to license your User Material to anyone else in addition to Spin The Bottle), fully-paid and royalty-free (meaning that Spin The Bottle is not required to pay you for the use of your User Material), and sublicensable (so that Spin The Bottle is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Spin The Bottle Services).
8. LINKED WEBSITES AND ADVERTISING
If we provide links or pointers to other websites, no inference or assumption should be made that Spin The Bottle operates, controls, or is otherwise connected with these websites. When you click on a link within the Spin The Bottle Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
Spin The Bottle is not responsible for the content or practices of any other website, even if it links to the Spin The Bottle Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Spin The Bottle.
Spin The Bottle takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.
9. TRADEMARKS
Spin The Bottle, the Spin The Bottle logo, www.SpinTheBottle.com, and other Spin The Bottle names, graphics, logos, scripts, and sounds are trademarks of Spin The Bottle. None of the Spin The Bottle trademarks may be copied, downloaded or otherwise exploited without Spin The Bottle’s prior written consent.
10. UNSOLICITED SUBMISSIONS
Spin The Bottle does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Spin The Bottle’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Spin The Bottle creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
While we do our best to ensure the optimal performance of the Spin The Bottle Services, you agree that use of the Spin The Bottle Services is at your own risk. The Spin The Bottle Services, including the Spin The Bottle Site and the other Sites, the Content, User Material and any other materials contained on or provided through the Sites, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Spin The Bottle does not make any warranties of fitness for a particular purpose; or that the Spin The Bottle Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
In no event shall Spin The Bottle or its affiliates, and each of their respective investors, directors, officers, employees, agents and suppliers (collectively, the “Spin The Bottle Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the Spin The Bottle Services (including any information, products or services advertised in, obtained on or provided through the Sites), whether based in contract, tort, strict liability or other theory, even if the Spin The Bottle Parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You agree to defend, indemnify and hold harmless the Spin The Bottle Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the Spin The Bottle Services.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Spin The Bottle Services, including through a link, infringes your copyright, you should notify Spin The Bottle of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Spin The Bottle receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Spin The Bottle’s Copyright Agent at info@spinthebottle.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Spin The Bottle, Inc.
9 West 29th Street, 3rd Floor
New York, NY 10001
Facsimile: (212) 871-6309
13. GENERAL INFORMATION
Software and the transmission of applicable technical data, if any, in connection with the Spin The Bottle Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.
This Terms of Use constitutes the whole legal agreement between you and Spin The Bottle and governs your use of the Spin The Bottle Services (but excluding any services, if any, that Spin The Bottle may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Spin The Bottle in relation to the Spin The Bottle Services. It may not be amended or varied by you except in a writing signed by Spin The Bottle. For these purposes a signature may not include an electronic signature.
Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the Spin The Bottle Services!
