Terms of Service
Updated July 24, 2015
Jukin Media, Inc. and each of its respective affiliates, subsidiaries, licensees, websites, and assigns (collectively hereinafter referred to, alternatively, as “Jukin Media,” the “Site,” “we,” “us,” “our” or similar identifying pronouns) is pleased to provide to you its sites, software, applications, content, products and services (“Jukin Services”) at www.JukinVideo.com, which may be branded Jukin Video, Fail Army, Fail Army University, or another brand owned or licensed by Jukin Media. These terms govern your use and our provision of the Jukin Services on which these terms are posted, as well as Jukin Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Jukin Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE JUKIN SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
If you have been referred to these terms by a separate agreement that you may have with Jukin Media, Jukin Media hereby revises such additional terms and conditions to include the terms of jukinmedia.com and any video owner "dashboard" terms contained therein.
Agreement to Terms of Service
Please read these Terms of Service carefully to ensure your legal, safe, and enjoyable use of the Site. They contain the legal terms and conditions that govern your use of the services provided to you by the Site and are a binding agreement with you, just as if you had signed this document. This is a contract between you and Jukin Media, or between you and any different service provider for a particular Jukin Service. You must read and agree to these terms before using the Jukin Services. If you do not agree, you may not use the Jukin Services. These terms describe the limited basis on which the Jukin Services are available.
Supplemental terms and conditions may apply to some Jukin Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Jukin Services, or terms that may accompany a separate agreement between you and Jukin Media. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective on our posting of the amendment on the Jukin Services. If you do not agree to any change to these terms, you must discontinue using the Jukin Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Jukin Services) if you fail to comply with any provision of these terms.
License to Use Site
Ownership of Site; Site Content
All text, software, user interfaces, visual interfaces, graphics, photographs, artwork, trademarks, logos, sounds, music, video, computer codes and other audio-visual material (collectively, “Content”) contained and/or displayed upon on the Site, including but not limited to the design, structure, coordination, selection, expression, and arrangement of such Content, whether hosted with Jukin Media or a third-party, is controlled, owned, or licensed by or to Jukin Media and is protected by copyright, trademark and various other intellectual property and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be used in any way without Jukin Media’s express prior written consent, including without limitation the copying, publicly display, reproduction, republishing, posting, uploading, transmitting, or distributing in any method or manner to any other device, computer, web site or other platform or medium. The unauthorized copying and distribution (including without limitation downloading, uploading, file serving, redistributing, file "swapping" or other similar activities) of any such Content or materials constitutes copyright infringement under the U.S. Copyright Act and international copyright laws, Jukin Media and its third party licensors and suppliers will enforce such rights to the full extent of the law, and you waive any and all “fair use” defenses to any such activities. Violation of these terms shall be assumed to have been willful.
Jukin Media, JukinVideo.com, Fail Army, and other Jukin Media graphics, logos and service names are registered or otherwise protected trademarks or service marks (“Trademarks”). These Trademarks many not be used in connection with any product or service that is not owned or operated by Jukin Media or in any manner that is likely to cause confusion among customers or in any other manner that disparages, discredits, or mimics Jukin Media. All other trademarks, branding and logos not owned by Jukin Media that appear on this Site are the property of their respective owners who may or may not be affiliated with, sponsored by or connected to Jukin Media, and Jukin makes no warranty as to these other trademarks, branding and logos.
Jukin Media reserves the right to do any of the following, at any time, without notice: (1) modify, terminate, or suspend access/operation to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, technical updates or other changes.
You agree that all the information and Content downloaded, viewed, screened or accessed will be used only for your own personal entertainment purposes as the ultimate end-user. YOU AGREE THERE SHALL BE NO COMMERCIAL EXPLOITATION OR USE, DIRECTLY OR INDIRECTLY, OR ANY OTHER UNAUTHORIZED USE (WHETHER COMMERCIAL OR NON-COMMERCIAL) OF ANY CONTENT AVAILABLE ON THIS SITE WITHOUT A SEPARATE FULLY EXECUTED LICENSE AGREEMENT BY AND BETWEEN JUKIN MEDIA AND YOU AUTHORIZING SAME. In case of circumvention, you agree and acknowledge that a breach of this Terms of Service agreement by you would cause Jukin Media irrevocable injury and damage that cannot be adequately compensated by damages in an action at law. You therefore expressly agree that, without limiting Jukin Media’s rights and remedies at law, including without limitation the right to seek damages for any such breach by you, Jukin Media shall further be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this agreement, without proof of actual damages. In addition, you agree to indemnify and hold Jukin Media harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable outside attorney's fees, arising out of or resulting from your unauthorized use of any Content on the Site (including, but not limited to, your editing thereof). You hereby waive any and all rights to injunctive and other equitable relief against Jukin Media.
Restriction On Use of Site
Copyright Infringement; Digital Millennium Copyright Act
Jukin Media does not permit copyright infringement on the Site and will remove any infringing content if we receive notice that such content infringes on another's intellectual property rights. Jukin Media further reserves the right to terminate accounts or access to the Site at any time.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
§ The 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 at a single online site are covered by a single notification, a representative list of such works at that site;
§ 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 the service provider to locate the material;
§ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
§ 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.
If you fail to comply with all of the requirements set forth herein, your DMCA notice may not be valid. Notice can be submitted to Jukin Media’s designated Copyright Agent at [email protected]
If a counter-notice is received by the Copyright Agent, Jukin Media may send a copy of the counter-notice to the original complaining party informing that person that we 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, member or 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 Jukin Media’s sole discretion.
Disclaimer of Warranties
WE SOMETIMES PROVIDE LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER THIS SITE, JUKIN MEDIA NOR ITS AFFILIATES OR SUPPLIERS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OPERATE, CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THIS SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THIS SITE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
Limitation of Liability
Your communications with, business dealings with, or participation in promotions of merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. You understand and agree that any content downloaded or otherwise obtained through the use of this Site is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such content. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, content downloads or as the result of the presence of such merchants on the Site. You assume all risk of errors and/or omissions on the Site and any Third Party Sites, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site and any Third Party Sites, including the information contained therein, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site and any Third Party Sites, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
In no event shall the Site, Jukin Media, its affiliates or subsidiary companies or their respective directors, officers, employees, agents, affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products and services advertised in or obtained through the Site, our removal or deletion of any materials or records submitted or posted on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if Jukin Media, or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, incomplete ownership or invalid license, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that Jukin Media and its subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. While some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, you are consenting by these Terms of Service to personal jurisdiction in California.
You agree to defend, indemnify and hold harmless the Site, Jukin Media, its affiliates or subsidiary companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) your access to or use of this Site; (ii) your violation of these Terms of Service (including without limitation the Licensed Rights or any License Agreement); (iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (iv) any claim that your use of the site or its Content caused damage to you or a third party. You agree that we may at any time and without notice, suspend or terminate your access to this Site if you fail to comply with these Terms of Service or applicable law, along with all other remedies which are hereby expressly reserved by Jukin Media.
Child Protection Notification
This Site contains some content that may be deemed unsuitable to minors. This Site is intended for a mature audience and parents who find any material on this site unsuitable for their children are encouraged to utilize parental control services. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Jukin Media and its affiliates or subsidiary companies and their respective directors, officers, employees and agents shall not be liable for any action resulting from a minor accessing the Site or the Content made available thereupon.
Violation of These Terms of Service
You also agree that Jukin Media may, in its sole discretion and without prior notice, suspend or terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice and will cause irreparable harm to Jukin Media for which monetary damages would be inadequate, and you consent to Jukin Media obtaining any injunctive or equitable relief that Jukin Media or its counsel deems necessary in such circumstances. These remedies are in addition to any other remedies Jukin Media may have at law or in equity.
If Jukin Media does take any legal action against you as a result of your violation of these Terms of Service, Jukin Media will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Jukin Media will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service or as a result of technical problems or modifications to the Site or as otherwise required by law.
These Terms of Service and any rights and licenses granted by you hereunder (including without limitation the Licensed Rights) may not be transferred or assigned by you, but may be assigned by Jukin Media without restriction.
Governing Law; Dispute Resolution
You agree that: (i) the Site and all services provided shall be deemed solely based in California; and (ii) the Site and all services provided shall be deemed a passive website that does not give rise to personal jurisdiction over Jukin Media, its affiliates or subsidiary companies and their respective directors, officers, employees and agents, in jurisdictions other than California. You agree these Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the personal jurisdiction and exclusive venue in Los Angeles, California, U.S.A., regarding any and all disputes relating to these Terms of Service or your access to or use of the Site, including without limitation use of Content. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this agreement are material terms of this agreement and that they have been taken into account in the decision by us to provide the Site to you hereunder. Except in instances where Jukin Media deems it necessary to seek injunctive or other equitable relief (and as otherwise set forth in these Terms of Service), the parties hereby agree to submit any disputes or controversies between them to binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association. All rights to recover consequential, incidental and/or punitive damages are waived by you. In the event of any dispute, you shall not be entitled to and hereby waive all right to any equitable relief whatsoever, including the right to rescind this Terms of Service agreement , or to enjoin, restrain or interfere in any manner with the Site. The prevailing party shall be entitled to its reasonable outside attorneys’ fees and costs, including its share of the arbitration costs, from the losing party. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.