
- The Agreement.
- KockSauce.com ("the Site") is an entertainment service provided by ShizZ Productions
("ShizZ Productions" or "we" or "us) to you ("You"). Features found on the Site
including the content pages, picture and story posting, mailing lists and other miscellaneous features
(the "Services")
-
The Terms of Use Agreement ("Agreement") sets forth the legally binding terms of your use of the
Services.
- This Agreement shall remain in full effect while you are using the Services.
- Publishing content
- ShizZ Productions reserves the right, in its sole discretion, to reject, refuse to post or remove any
posting by you for any or no reason, with or without prior notice, and without liability.
- By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video,
sounds, profiles, works of authorship, or any other materials (collectively, "Content")
on or through the Services, you hereby grant ShizZ Productions a non-exclusive, fully-paid and royalty-free,
worldwide license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce,
transmit, and distribute such Content on and through the Services. This license can be terminated and posted content
be removed by contacting ShizZ Productions via e-mail at the address removals@kocksauce.com. ShizZ Productions
makes no guarantee on the timeliness of content removal.
-
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise
have the right to grant the license set forth in this section, and (ii) the posting of your Content on or
through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person
by reason of any Content posted by you to or through the Services.
- Prohibited Content.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services.
ShizZ Productions reserves the right to investigate and take appropriate legal action against anyone who, in ShizZ Productions' sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ShizZ Productions:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes or
- includes a photograph of another person that you have posted without that person's consent.
- Privacy.
- The Site, and use thereof is also subject to our, Privacy Policy
which you must also agree to as part of the Agreement
- Copyright
- The Services contain Content of ShizZ Productions ("KockSauce.com Content"). KockSauce.com Content
is protected by copyright, trademark, patent, trade secret and other laws, and ShizZ Productions owns and
retains all rights in the KockSauce.com Content and the Services. ShizZ Productions hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the KockSauce.com Content (excluding
any software code) solely for your personal use in connection with viewing the Site and using the Services.
-
The Services contain Content of Users and other ShizZ Productions licensors. Except for Content posted by you,
you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Services.
-
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services
in a way that constitutes copyright infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and email address; (v) a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ShizZ Productions' Copyright Agent for notice of claims of copyright infringement can be reached
as follows: email: copyright@kocksauce.com .
- Disclaimers
- ShizZ Productions is not responsible for any incorrect, inaccurate or otherwise false statements made by
content posted by Users or by equipment or programming associated with or used by the Services. Submissions made by
Users may contain links to other web sites and entities. ShizZ Productions is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by ShizZ Productions. Inclusion of any linked website on KockSauce.com
does not imply approval or endorsement of the linked website by ShizZ Productions. When you access these
third-party sites, you do so at your own risk.
-
Under no circumstances shall ShizZ Productions be responsible for any loss or damage, including personal
injury or death, resulting from use of the Services, attendance at a KockSauce.com or ShizZ Productions event,
from any Content posted on or through the Services, or from the conduct of any Users of the Services,
whether online or offline. The Services are provided "AS-IS" and as available and ShizZ Productions expressly
disclaims any warranty of fitness for a particular purpose or non-infringement. ShizZ Productions cannot guarantee
and does not promise any specific results from use of the Services.
- Liability.
- USE THIS SITE AT YOUR OWN RISK. IN NO EVENT SHALL SHIZZ PRODUCTIONS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF SHIZZ PRODUCTIONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, SHIZZ PRODUCTION'S LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHIZZ PRODUCTIONS
FOR THE SERVICES DURING THE USAGE OF THE SITE.
- Disputes.
- If there is any dispute about or involving the Services, you agree that the dispute shall be governed
by the laws of the State of California without regard to conflict of law provisions and you agree to
personal jurisdiction by and venue in the state and federal courts of the State of California,
City of Los Angeles. Either ShizZ Productions or you may demand that any dispute between ShizZ
Productions and you arising out of this Agreement must be settled by arbitration utilizing the
dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California.
- Indemnity.
- You agree to indemnify and hold ShizZ Productions, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that you post
on the Site or through the Services causes ShizZ Productions to be liable to another.
- No Waiver.
-
The failure of ShizZ Productions to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision.
- Other.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
|