Terms and Conditions

LogoBar Enterprises, LLC and all of its affiliates (“LogoBar”) develop and offer a platform that allows seamless integration of brand advertising into relevant video content. The services offered
by LogoBar include LogoBar’s website – www.LogoBar.tv, and other features, content or applications, as may be offered in the future, in connection with LogoBar’s website and player (Collectively referred as the “Website”). This Terms of Use Agreement (the “Terms”) sets the legally binding terms for using the Website and Player.

1. General

1.1. Acceptance of These Terms

By accessing and using the Website, either in the form of a widget or by browsing the Website, whether you are a visitor, using the Website without registration (“Visitor“), or a user, that registered to have an account in the Website (“User“) (“Visitor” and “User” collectively referred as “You”), You agree to be bound by these Terms. If You do not agree to any of the provisions as set here in under in these Terms, You have no right to use the Website.

1.2. Eligibility to Use the Website

By using the Website, You represent that:
a) You are thirteen (13) years of age or older;
b) Your use of the Website does not violate any applicable law or regulation;
c) all required information that You submit or post in the Website in order to use the Website is accurate and You will maintain the accuracy of the information;
d) You are using the Website for personal, noncommercial
use.

If LogoBar is informed or has reason to believe that you are not eligible to use the Website or that You become ineligible, Your use may be terminated without notice and Your account may be deleted. You do not have any right to use the Website for commercial use and if You wish to use the Website for commercial use, You must first contact LogoBar (at: support@LogoBar.tv) to get prior written approval and will be required to enter into separate agreement with LogoBar.

1.3. Modifications to Terms

LogoBar reserves the right to change or modify the Terms or Privacy Policy from time to time. Posting the modified Terms or Privacy Policy on the Website will give effect to the revised terms. Your continued use of the Website indicates Your acceptance of any revised terms. If You do not agree to the revised terms, please refrain from using the Website and/or leave the Website.

1.4. Changes in the Website

LogoBar reserves the right to suspend, discontinue, delete, modify, or remove any content or service offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on LogoBar’s sole discretion. In addition, LogoBar may charge You, in the future, for services which are currently available for free. LogoBar may also offer, in the future, services for commercial users or API-Based services which will require entering into separate agreement with LogoBar (for more information contact: support@LogoBar.tv).

2. User Accounts

2.1. Registered Users

Certain services require registration in order to be able to enjoy certain functionalities. LogoBar reserves the right to decide which functionalities require registration or will require registration in the future.

2.2. Registered User Information

The registration process may require the User to provide information regarding, but not limited to, his/her age, citizenship, address or other information. Once You register as a registered User, You represent and warrant all registration information You submit is accurate and truthful and that You agree to update and maintain the accuracy of such information. You further represent and warrant that Your use of the Website shall not violate any applicable law or regulation. LogoBar reserves the right to terminate the account or refuse any or all use of the Website of a registered User if registration information submitted seems or proves to be false, inaccurate or incomplete. The registration process also requires the User to enter a user name (“User Name”) and password. LogoBar will, in accordance with its Privacy Policy, keep Your User Name and
password confidential. You are responsible for maintaining the confidentiality of Your User Name and password and for logging out of Your account at the end of each session. Registration of more than one account per individual is not permitted and automatic generation of multiplied accounts by individuals or companies is restricted and may lead to legal action. In addition, an attempt to impersonate other person/s is strictly prohibited and may lead to legal action.

In certain cases, the Profile may be linked to an external site with an independent authentication process, such as username and password. The provided password will not be stored by LogoBar in any way. LogoBar will ensure that once a User’s authentication process is completed, no record of the password is left in the Website’s log files, database or archive.

3. Proprietary Rights

LogoBar owns the intellectual property related and associated with the Website. The Website contains copyrighted material, patented technology, trademarks, and other proprietary information of LogoBar and its licensors. The User is granted no right in the intellectual property associated or related to the Website and nothing should be inferred as granting such rights to the User.

You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any material presented on the Website to any third party (including, without limitation, the display and distribution of such material via a third party website) without the express prior written consent of LogoBar. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under any applicable law. By submitting/posting any content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, animations, profiles, works of authorship, or any other materials, you hereby grant LogoBar with a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content on and through the Website or any other medium.

4. Copyright Policy

4.1. Reporting Copyright Infringement

Except for public domain material, the Content on the Website and included on the Website is protected by intellectual property laws. LogoBar may remove or disable access to material or terminate account/s, at its sole discretion, as a result of any copyright claim regarding infringing activity. If LogoBar removes or disables access in response to such a claim, LogoBar will make a good-faith attempt to contact the owner of the affected Content regarding the take down procedure in accordance with any applicable law. Please address any notices and/or claims regarding infringement activity in writing to LogoBar’s designated agent via email: support@LogoBar.tv

4.2 COPYRIGHT NOTICES

LogoBar will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that content is being displayed on or through the LogoBar’s website or services in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to LogoBar a properly submitted copyright notice as indicated below, LogoBar will investigate, and if it determines, in its discretion, that the material is infringing, LogoBar will remove such material (and may terminate the access of the user who posted such content in the case of repeat
infringers).

All notices claiming an infringement of copyright rights must contain the following:
(a) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included;
(b) A statement specifically identifying the location of the infringing material, with enough detail that LogoBar may find it on the LogoBar website or services. Please note: it is not sufficient to merely provide a top level URL;
(c) The complete name, address, telephone number and e-mail address of Complainant;
(d) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law;
(e) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. LogoBar’s contact information for notice of alleged copyright infringement is: support@LogoBar.tv

5. Right of Use & Unauthorized Uses

5.1. Limited License, Permitted Uses

You are granted a limited, non-exclusive, non-sub licensable, non-transferable, revocable license to: (i) access and use the Website strictly in accordance with these Terms and the Privacy Policy incorporated in the Website, and (ii) solely for internal, personal, non-commercial purposes. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, unless expressly permitted by LogoBar. You are not allowed to use software, scripts or automated agents and Bots in a manner intended to mine data from the Website, generate multiple accounts or automatically post multiple messages.

5.2. Restricted use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by You, including the content of your transmissions through the Website. By way of example, and not as a limitation, You agree not to:
• Defame, abuse, harass, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Use other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users.
• Submit content that is unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Submit content of any third party without such third party’s prior written consent, or content that falsely express or imply that such content is sponsored or endorsed by LogoBar.
• Create a false or misleading identity of, including, but not limited to, a LogoBar employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the LogoBar products/services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.
• Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means.
• Modify, change, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website.
• Reformat or frame any portion of the web pages that are part of the Website.
• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Website.
• Interfere with another user’s use and enjoyment of the Website or disrupt the use of the Website in any manner. Harvest or collect email addresses or other contact information of users, including usernames, from the Website by electronic or other means or use any of the above mentioned information for any unauthorized purpose.

5.3. Restrictions on Offensive or Illegal Use

Notwithstanding the above, LogoBar strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. LogoBar reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in LogoBar’s sole discretion, and may take action against the User, including, but not limited to, suspending any or all use of the Website, in any way or manner, or terminating the User’s account.

5.4. Restrictions on Commercial Use and Unsolicited Commercial Messages

The Website is for the User’s personal use only and may not be used in connection with any commercial activity unless specifically approved in writing by LogoBar. You agree not to use the Website for advertising or solicitation to buy or sell any products and for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, or any third party links, by embedded code or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. LogoBar reserves the right to take legal action against Users who abuse the Website for transmitting, posting or sending
unsolicited commercial messages, including, but not limited to, removing or modifying any postings in its discretion without notice, suspending any or all use of the Website or terminating the User’s account.

6. Website Content

6.1. Source and Accuracy of Content

All content, either in the form of a text, image, video, link or other, posted on, transmitted through, or linked from the Website (Collectively referred as “Content”), are at the sole responsibility of the person from whom such Content originated. LogoBar does not control, and is not responsible for the Content made available through the Website. LogoBar makes no representation or warranty as to the accuracy, completeness or authenticity of the Content. You acknowledge that LogoBar does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use of any Content, and You may not rely on the Content. In addition, under no circumstances will LogoBar be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.

6.2. Inappropriate Content

LogoBar may (but not obligated to) review and remove any Content that, in its sole discretion, violates these Terms or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, Visitor or person not associated with the Website (collectively “Inappropriate Content”). You are solely responsible for the Content that You make visible via the Website or to any third Party links or any other material or information that You transmit or share with other Users or unrelated third parties via the Website.

6.3. Reporting Inappropriate Content

If You find Inappropriate Content on the Website or during Your use of the Website, LogoBar encourages You to report such Inappropriate Content (to: support@LogoBar.tv). The owner of
the reported Inappropriate Content may receive, based on LogoBar’s sole discretion, a notice via email that his or her Content has been flagged. The User may refute the claim by submitting via e-mail an answer to the notice stating a valid reason why the Content should not be removed. If the complaint is justified, the Content may be removed and the User owning the Content may have the infraction noted on his or her account. The User receiving an infraction may also lose his or her user privileges in the Website. Likewise, Users submitting claims can also lose user privileges if LogoBar finds, in its sole discretion, that they submitted false or unjustified claims.

6.4. License in User’s Posted Content

The Website includes Content that You may submit, post or display. No compensation will be paid with respect to the Content that You submit, upload, post, transmit or otherwise make available through the Website. By submitting, posting or displaying the content on the Website, You give LogoBar a irrevocable, perpetual, worldwide, non-exclusive, fully-paid and royalty free,license (with the right to sublicense) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which You submit, post, display on or through the Website. The Content may be reproduced, adapted, modified, translated,
published, publicly performed, publicly displayed and distributed all in accordance with the Privacy Policy. You acknowledge that in performing these activities, LogoBar may technically need to transmit or distribute the Content over various networks or in various media, and may make changes to the Content to conform or adapt to the technical requirements of connecting networks, devices, services and media. You confirm and warrant that You have all the rights, power and authority to grant the above license. By uploading Content via the Website, You expressly agree to share the Content with others under these Terms set forth herein.

7. Disclaimer of Warranties; Limitation of Liability

7.1. General Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LOGOBAR ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LOGOBAR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.

7.2. Disclaimer regarding Content and Information Accuracy

LOGOBAR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR AS RESULT OF USE OF THE WEBSITE OR ANY SEARCH RESULTS. LOGOBAR DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. LOGOBAR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL ON THE INTERNET THROUGH THE WEBSITE.

7.3. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LOGOBAR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOGOBAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE WEBSITE, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In addition, LogoBar will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light or air conditioning.

7.4. Disclaimer of Advertisement or Sponsored Content

The Website may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Website is accurate and complies with applicable laws. LOGOBAR IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. LOGOBAR DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE LOGOBAR WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.

7.5. Disclaimer of Third Parties Content, Sites and Services

Any content displayed as search results or as links on the Website are developed by people over whom LogoBar exercises no control. LogoBar cannot and does not screen the sites linked or the content displayed or their privacy policy, before including them in the sources from which such automated search results are gathered. Using the Website may produce content or search results or links to sites that some people find indecent, objectionable, inappropriate, or offensive. LogoBar cannot guarantee that the use of the Website will not locate unintended or objectionable content. LogoBar is not responsible for the content, accuracy or opinions expressed in such content or such websites, and such content and websites are not investigated, monitored or checked for accuracy or completeness by LogoBar. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by LogoBar. If You decide to access these third-party websites via the Website, you agree to comply with all the terms of use for such websites, and You do so at your own risk and responsibility. LogoBar serves as a repository of information, and as such, User-posted content does not represent the advice, views, opinions or beliefs of LogoBar, and LogoBar makes no claim of accuracy of any User-posted material. LogoBar allows for the posting of links to third-party websites. The linked websites’ content, business practices and privacy policies are not under LogoBar’s control, and LogoBar is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on any of the Website does not imply any endorsement by or any affiliation with LogoBar.

7.6. Indemnification

You agree to indemnify and hold harmless LogoBar and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, related to Your breach of these Terms, or to any Content You submit or post, or to Your use of the Website, or to Your violation of any rights of a third party.

8. Privacy

The terms of our Privacy Policy are incorporated into, and considered part of, these Terms and must be accepted by You prior to Your use of the Website. For more information regarding LogoBar’s privacy policy, read carefully the Privacy Policy.

9. Termination

This Agreement shall be in force while You use the Website. You may stop using the Website at any time and in Your sole discretion, with no need for justification and with no charge, contact LogoBar and request to delete Your account. Please note, that the termination of an account does not delete the information from the sources of the information or from search engines’ archive and You may need to contact them directly to request editing, deletion or removal of information. LogoBar reserves the right to terminate, without prior notice, any User account or to suspend any or all of the accesses to the Website, with or without the User’s consent, for violating these Terms. If Your account is terminated, Your rights to use the Website will cease immediately. Termination is without prejudice to all other remedies available to LogoBar by law or under these Terms.

10. Miscellaneous

10.1. Governing Law and Jurisdiction

This Agreement shall be treated as though it was executed and performed in State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any claim that the User may have in connection with these Terms must first, and before taking any other legal action, be submitted to LogoBar in the form of a complaint (to: support@LogoBar.tv), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration shall be
initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, LogoBar may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

10.2. Entire Agreement

The Terms and Privacy Policy constitute the entire legal agreement between You and LogoBar and govern Your use of the Website and replace any prior agreement of understanding between You and LogoBar in relation to the Website. Any waiver of any provision of the Terms or Privacy Policy will be effective only if in writing and signed by the waiving party.

10.3. Unenforceability

If any provision of the Terms should become fully or partially invalid or unenforceable for any reason whatsoever, or violate any applicable law, the Terms are to be considered divisible as to such provision and such provision deleted from the Terms, and the remainder of the Terms shall be valid and binding as if such provision were not included herein. A new provision shall be substituted for any such deleted provision which shall come as close to what the initially intended, as far as legally possible, according to the sense and purpose of the Terms.

Copyright & Trademark Notice

Copyright © 2015, LogoBar Enterprises, LLC. All Rights Reserved. The trademarks, logos and service marks displayed on the Website are LogoBar’s property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from LogoBar or such third party.