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.
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 firstname.lastname@example.org 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.
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.
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.
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 email@example.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 firstname.lastname@example.org (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.
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.
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).
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.
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.
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.
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.
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 email@example.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
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.