Effective as of: November 6, 2014
Competence; Authority. By using the Service, you represent and warrant that you have the legal competence and ability to enter into a binding agreement with us, and are not otherwise prohibited from using or receiving the Service in accordance with these Terms. By using the Service on behalf of any third party, you represent that you are an authorized representative of that third party and that your use of the Service constitutes such third party’s acceptance of these Terms.
1. Using BurnThis
a. Who can use BurnThis
You may use our Products only if you can form a binding contract with BurnThis, and only in compliance with these Terms and all applicable laws. When you create your BurnThis account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products..
c. Commercial use of BurnThis
If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.
2. Your Content
a. Posting content
BurnThis allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to BurnThis.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, contract rights, intellectual property rights, or any other rights of any third party, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any third party by reason of content you post on or through the Service.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to (including, without limitation, any intellectual property rights or other proprietary rights in or to) content of others delivered via the Service.
Burn This does not represent or guarantee the truthfulness, accuracy, completeness, or reliability of content posted by Users (“User Content”), studios, or other third-party service providers or advertisers, derivative works from such content, or any other communications posted by Users, studios or other third-party service providers or advertisers. You accept that any reliance on material posted by other Users, studios or other third-party service providers or advertisers will be at your own risk. You also accept the risk that you might be exposed to content from Users, studios or other third party-service providers or advertisers that is unlawful, offensive, indecent, objectionable, or otherwise inappropriate.
If you post User Content in any public area of the Service, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Service retains any and all rights that may exist in and to such User Content. You agree that you have read and understood our Content Guidelines (below).
b. How BurnThis and other users can use your content
Your License Grant to Burn This. By posting Your Content on or through the Service, you grant Burn This a universal, non-exclusive, royalty-free license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Your Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed for any purpose, including for the purpose of promoting Burn This and its services in any media formats and through any media channels. Burn This may assign or sublicense its license to Your Content. You acknowledge that Burn This may choose to provide attribution of Your Content at our discretion. Burn This will discontinue this licensed use within a commercially reasonable period after Your Content is removed from the Service by you. Burn This reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from BurnThis, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, BurnThis and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through BurnThis.
d. Feedback you provide
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, BurnThis does not waive any rights to use similar or related Feedback previously known to BurnThis or developed by its employees, or obtained from sources other than you
3. Our Content
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Burn This content (collectively, “Burn This Content”). All Burn This Content is the property of Burn This or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Burn This Content on the Service is the exclusive property of Burn This and is protected by copyright, trademark, and other laws.
License to You. Burn This authorizes you, subject to these Terms, to access and use the Service and the Burn This Content solely for your personal, non-exclusive, non-commercial use. This limited license is non-assignable, non-sublicensable and revocable at any time without notice and with or without cause. Unauthorized use of the Burn This Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademark, service mark, and other proprietary notices contained in the original Burn This Content on any copy you make of the Burn This Content; provided, any copy may only be made if permitted in these Terms.
Burn This Marks. Burn This, the Burn This logo, and other Burn This logos and product and service names are or may be trademarks of Burn This (the “Burn This Marks”). Without Burn This’s prior written permission, and except as solely enabled by any link as provided by Burn This, you agree not to display or use in any manner the Burn This Marks.
4. Copyright Policy
BurnThis has adopted and implemented the BurnThis Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
To use the Service, you will need to log in with your Burn This or third-party website credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Burn This immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Burn This will not be liable for any loss or damage arising from unauthorized use of your credentials, and you will be liable for all purchases made with your credentials.
While we work to protect the security of your content and account, BurnThis cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BurnThis. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from BurnThis, you do so at your own risk and you agree that BurnThis will have no liability arising from your use of or access to any third-party website, service, or content.
7. Privacy: Use & Disclosure of Content Or Other Provided Information
You have no expectation of privacy for any of the content you post to the public areas of the Service.
Burn This may access, preserve, and disclose your personal information, other account information, and content if required to do so by law or if those actions are reasonably necessary to:
- Comply with a law (including, without limitation, a court order);
- Enforce these Terms;
- Respond to claims that any content violates the rights of third parties;
- Respond to your requests for customer service;
- Respond to law enforcement;
- Investigate and prevent unauthorized transactions or other illegal activities; or
- Protect the rights, property, or safety of Burn This, you or others.
BurnThis may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless BurnThis and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, BURN THIS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BURN THIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) BURN THIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT SUCH MATERIAL WILL BE FREE OF DEFECTS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. BURN THIS EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH PUSH NOTIFICATIONS TO MOBILE DEVICES.
11. Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURN THIS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 (EVEN IF BURN THIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF CIRCUMSTANCES CAUSE A REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (5) THE ACTS OR OMISSIONS OF THE STUDIO DISCOVERED AND/OR BOOKED THROUGH THE SERVICE OR ANY PERSON AT SUCH STUDIO; OR (6) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, BURN THIS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR ACCESS OR USE OF CONTENT ON THE SERVICE, OR THE ACTS OR OMISSIONS OF STUDIOS OR PERSONS AT SUCH STUDIOS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You further agree and understand that Burn This has no liability for the loss of any information you may choose to store in your Burn This account, your computer, or your mobile device, in the event your Burn This account security is defeated or your computer or mobile device is lost or stolen or the security thereon is defeated.
You agree to defend, indemnify, and hold harmless Burn This, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation losses, damages, liabilities, costs, attorneys’ fees and other legal and accounting fees, alleging or resulting from (i) any User Content or other material you post on or provide to the Service, (ii) your use of any Burn This Content, (iii) your breach of these Terms, or (iv) your acts or omissions (including, without limitation, your violation of any law). Burn This has the right to participate in the defense of any claim, action or demand. You will not settle any claim, action or demand without Burn This’s prior written consent.
12. General Terms
13. Governing Law, Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and Burn This shall be governed by the laws of the State of California without regard to its conflict of law provisions, except to the extent that federal law applies. These Terms and use of the Service evidence a transaction involving interstate commerce, and the United States Arbitration Act will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. You and Burn This agree to submit any claims or disputes relating to your use of the Service to final, binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. Any such arbitration, to the extent necessary, shall be conducted at a location consistent with the AAA rules. You covenant not to sue Burn This in any other forum. One arbitrator will conduct the arbitration. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have violated or threatened to violate our intellectual property rights or if you use the Service in violation of these Terms, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction without first proving actual damages or posting a bond. Second, any claim, at the option of the claiming party, may be resolved in small claims court in Los Angeles, California, if the claim and the parties are within the jurisdiction of the small claims court.
With respect to any claim against or dispute with Burn This, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or these Terms:
YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND YOU HEREBY WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT AGAINST OR INVOLVING BURN THIS.
14. Contact Information
Burn This, Inc.
2017 Pacific Avenue, 2nd Floor
Venice, California 90291
ACCEPTABLE USE POLICY
Effective as of: November 6, 2014
BurnThis is a place to find things you love and get inspired. To make sure people feel safe and comfortable here, we require everyone to agree to and follow these rules.
You aren’t allowed to post anything that:
- Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services.
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm.
- Promotes self-harm, eating disorders or hard drug abuse.
- Attacks, bullies or harasses nonpublic people.
- Includes hate speech.
- Is gratuitously violent or gory.
- Infringes anyone's intellectual property, privacy or other rights.
- Is fraudulent or deceptive.
- Is someone else's personal information or requests a minor's personal information.
- Contains any information or content that’s illegal.
- Contains large amounts of unwanted or repetitive stuff, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost views, posts, comments or other metrics.
- Impersonates or misrepresents your affiliation with any person or entity.
- Violates applicable law or regulations.
- Includes information on behalf of another person.
- Includes incomplete, false, or misleading information in a User profile, impersonate another person, or misrepresent your affiliation with a person or entity.
- Harasses, incites others to harass, advocates harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material.
- Discloses personal information about another person.
- Includes any franchise, pyramid scheme, or similar information.
- Commits copyright infringement or help others commit copyright infringement by using the Service.
- Violates anyone’s intellectual property rights.
Prohibited Uses of the Service:
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You will not:
- Aggregate, copy, duplicate, distribute, publicly perform, publicly display, modify, translate or create derivative works of any Burn This Content;
- Use data mining, robots, or other data gathering devices on the Service;
- Remove, disable, damage, circumvent, or otherwise interfere with the security of the Service;
- Interfere or attempt to interfere with the proper working of the Service;
- Gain unauthorized access to the Service or computers linked to the Service;
- Attempt to reverse engineer, decompile or otherwise obtain the source code of all or part of the Service, or reverse engineer, decompile or otherwise obtain the source code of all or part of the Service;
- Frame or link to the Service without permission;
- Attempt to or submit a virus to the Service or any third party;
- Take any action imposing an unreasonable or disproportionately large load on Burn This’s infrastructure;
- Attempt to or obtain unauthorized access to other Users’ accounts;
- Sell, transfer, lease, license, or assign any of your rights to use the Service to a third party, or otherwise exploit or use the Service as a service bureau, without the express written consent of Burn This;
- Use the Service in an illegal way or to commit an illegal act; or
- Use the Service if access to it from your jurisdiction is illegal, unauthorized, or penalized.
COPYRIGHT ACT INFRINGEMENT PROTOCOL
BurnThis respects the intellectual property rights of others and expects its users to do the same. It is BurnThis's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BurnThis will respond expeditiously to claims of copyright infringement committed using the BurnThis app that are reported to BurnThis.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement to firstname.lastname@example.org. Upon receipt of the Notice as described below, BurnThis will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").
To report a copyright infringement please provide BurnThis with the following information:
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the app where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the app where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that a Post has been removed due a copyright complaint, it means that the Post's content has been deleted from BurnThis at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, just reply to the notification to let us know. We'll be happy to send it along (without any personal contact information). If your account receives too many copyright complaints, you may lose the ability to post new content on BurnThis, and your account may be disabled completely.
If you believe a Post was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
Email your counter-notice to email@example.com.
Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which BurnThis may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing your full name).