These Terms of Service (“Terms”) are a contract between you and By The Bay ("BTB"). They govern your use of BTB’s sites, services, and content (“Services”). By using BTB, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use BTB 😞.
We can change these Terms at any time. By using BTB on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.
By publishing content to BTB, you give us a nonexclusive license to publish it on BTB Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). We aim to preserve your intent as much as possible. In consideration for BTB granting you access to and use of the Services, you agree that BTB may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote BTB, including its products and content.
You’re responsible for the content you publish. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
You’re welcome to post content on BTB that you’ve published elsewhere, as long as you have the rights you need to do so. By publishing content to BTB, you represent that doing so doesn’t conflict with any other agreement you’ve made. By publishing content you didn’t create to BTB, you are representing that you have the right to do so. For example, you are publishing a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
We can remove any content you post for any reason.
You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers after you delete it.
As a By The Bay user you may submit Content to the Service. You understand that By The Bay does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to By The Bay all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights of your Content. However, by submitting Content to By The Bay, you hereby grant By The Bay a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and By The Bay's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that By The Bay may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant By The Bay all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the By The Bay Community Values, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
By The Bay does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and By The Bay expressly disclaims any and all liability in connection with Content. By The Bay does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and By The Bay will remove all Content if properly notified that such Content infringes on another's intellectual property rights. By The Bay reserves the right to remove Content without prior notice.
By The Bay hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without By The Bay's prior written authorization, unless By The Bay makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means By The Bay may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain By The Bay's prior written approval:
Prohibited commercial uses do not include:
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the By The Bay servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
The following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to By The Bay, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by By The Bay on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of By The Bay or the respective licensors of the Content. By The Bay and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that By The Bay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against By The Bay with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless By The Bay, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
BTB is only for people 13 years old and over. By using BTB, you affirm that you are over 13. If we learn someone under 13 is using BTB, we’ll terminate their account.
If you find a security vulnerability on BTB, tell us.
To enable a functioning community, we have Rules.
By using BTB, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.
We’ll respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on BTB that we deem to be infringing the copyright of others. If you become aware of user content on BTB that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to BTB.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us via the contact information below:
Amir & Erica, Inc
ATTN: By The Bay’s Copyright Agent
50 Museum Way
San Francisco, CA 94114
Or email us at: firstname.lastname@example.orgPlease send our Copyright Agent the following information:
If we remove your user content in response to a copyright or trademark notice, we will notify you via email. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice to our Copyright Agent (contact information provided above) that includes the following:
Upon receiving your counter-notice we will forward it to the complaining party and tell them we will restore your content within 14 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on BTB before that period passes, we will consider restoring your user content to the site.
It’s BTB’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
Questions? Let us know at email@example.com.