Terms of Service
Updated: February 2013
PLEASE READ THIS DOCUMENT CAREFULLY. CommentsEnabled LLC (“CommentsEnabled”, “we”, or “us”) offers an alternative commenting space for fans of YouTube videos to discuss their favorite videos through its website located at comments-enabled.com (the “website”). By using the website in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and us.
AGE REQUIREMENT: You must be at least 13 years old to use the website. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the website. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the website, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the website.
WARNING: Even if you are old enough to use the website and/or have your parent’s or guardian’s permission, some of the content available within the website may not be appropriate for you.
LICENSE: We grant you a limited, non-exclusive license to access and use the website for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
CODE OF CONDUCT
In using the website, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person; Harass or stalk any other person; Harm or exploit minors; Distribute "spam"; Collect information about others; or Advertise or solicit others to purchase any product or service on the website.
We have the right, but not the obligation, to monitor all conduct on and content submitted to the website.
LICENSE TO COMMENTSENABLED: As between you and CommentsEnabled, you own the content (“comments”) that you submit to the website. By submitting a comment, you grant CommentsEnabled and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, and display (through all media now known or hereafter created) for the purpose of (i) displaying the comment on the website; (ii) allowing other users to view the comment; (iii) promoting the website; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the website permission to view your comments for their personal, non-commercial purposes.
FEEDBACK: If you make suggestions to CommentsEnabled on improving or adding new features to the website, CommentsEnabled shall have the right to use your suggestions without any compensation to you.
YOUR REPRESENTATIONS AND WARRANTIES: For each piece of content that you submit to the website, you represent and warrant that: (i) you have the right to submit the content to CommentsEnabled and grant the licenses set forth above; (ii) CommentsEnabled will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
INDEMNIFICATION: You will indemnify, defend, and hold harmless CommentsEnabled and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the website; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to CommentsEnabled violates any law or infringes any third party right, including any intellectual property or privacy right.
CommentsEnabled reserves the right to modify the website. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the website. CommentsEnabled has no obligation to screen or monitor any content and does not guarantee that any content available on the website complies with this Agreement or is suitable for all users.
CommentsEnabled provides the website on an “as is” and “as available” basis. You therefore use the website at your own risk. CommentsEnabled expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, CommentsEnabled makes no representations or warranties:
That the website will be permitted in your jurisdiction; That the website will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That any content you submit will be made available on the website or will be stored by CommentsEnabled; or That the website will meet your business or professional needs; That CommentsEnabled will continue to support any particular feature of the website. Concerning sites and resources outside of the website, even if linked to from the website.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the website, and no warranties shall apply after such period.
LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) CommentsEnabled shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) CommentsEnabled’s total liability to you shall not exceed the amounts paid by you to CommentsEnabled over the twelve (12) months preceding your claim(s).
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the website must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts).
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by CommentsEnabled in exercising any right hereunder will waive any further exercise of that right. CommentsEnabled’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without CommentsEnabled’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from CommentsEnabled electronically. CommentsEnabled may provide all such communications by email or by posting them on the website.
You may send notices of a legal nature to CommentsEnabled to firstname.lastname@example.org or the following address: CommentsEnabled LLC 151 First Avenue #182 New York, New York 10003 Attention: Legal Department
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by CommentsEnabled on the website or a written amendment signed by an authorized representative of CommentsEnabled. A revised Terms of Service will be effective as of the date it is posted on the website.