6DRIP MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. 6DRIP RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICCATIONS. IN THE EVENT 6DRIP MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as the web site is not intended for any user, even emancipated or with consent of a parent, is not intended for anyone under the age of 16. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement. You warrant, understand, and agree that 6drip is providing this Website for use by both individuals who wish to interact with the Website and/or upload images and other information to the Website.
If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
6drip is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within any online or any other goods or services displayed on or offered through the Website. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold 6drip harmless for any errors, omissions, or misrepresentations contained within the Website's content.
3. Ownership of Website Content
You understand and agree that 6drip is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of 6drip. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file. You are permitted to make videos of the content on this Website as part of your rights under the fair use doctrine in order to provide commentary about the content found herein. You must make it clear when you do so that you do not suggest or imply that your channel, platform or Website is sponsored by, affiliated or endorsed by 6drip. By way of example, you should use a YouTube Channel that is identified with you and refrain from suggesting in your video commentary that you work for, are employed by or are affiliated with 6drip.
6drip hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary, intended and fair use purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to 6drip.
4. User Generated Content
6drip provides the ability to submit user generated content to or through the Website, which may include, but is not limited to: titles, posts, comments, text, photographs, images, ratings, tags, captions and other information. (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
6drip does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and 6drip expressly disclaims any and all liability in connection with User Generated Content. 6drip does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 6drip will remove all User Generated Content if properly notified in a manner consistent with law and 6drip’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. 6drip reserves the right to remove Content and User Generated Content without prior notice.
If you provide feedback to us regarding the Websites, Content, or User Generated Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
You shall be solely responsible for your own User Generated Content and the consequences of posting or publishing them. By submitting information to the Website, you grant 6drip a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website, including but not limited to a sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content (in whole or in part), for any purpose whatsoever, and to incorporate User Generated Content in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Generated Content (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate User Generated Content on tangible or intangible products for resale or otherwise, and (iii) use the User Generated Content for promotional purposes, whether to promote the Websites, other products or services, or third party products or services. You acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by 6drip to exploit any User Generated Content. By way of further clarification, 6drip may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for 6drip to exercise its rights under the foregoing license, you hereby grant 6drip a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Generated Content and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Websites, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Websites and under these Terms of Service. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted.
You understand that whether or not such User Submissions are published, 6drip does not guarantee any confidentiality with respect to any User Generated Content.
This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.
5. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that 6drip does not own or control. You agree that 6drip will not be held responsible or liable for the content of third party websites, applications, or services and that 6drip’s inclusion of those websites, applications, or services within its Website does not constitute 6drip’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. You understand and agree that should you create merchandise through 6drip, your merchandise may be displayed via the Internet on mobile devices, search engines, and web merchants and online retail websites.
6. Acceptable Use Policy
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
A. The content on the Websites, except all User Generated Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 6drip, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 6drip reserves all rights not expressly granted in and to the Websites and the Content.
B. You may access User Generated Content solely:
1. For your information and personal use in accordance with these Terms of Service; and
2. As intended through the normal functionality of the Websites.
3. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Websites. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
4. You may access Content, User Generated Content and other content only as permitted under this Agreement. 6drip reserves all rights not expressly granted in and to the Content and the Websites.
5. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Generated Content of third parties obtained through the Websites for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.
7. You understand that when using the Websites, you will be exposed to User Generated Content from a variety of sources, and that 6drip is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are 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 6drip with respect thereto, and agree to indemnify and hold 6drip, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.
C. In addition, you are prohibited from, without limitation:
1. Transmitting unsolicited commercial email messages through the Website or to users of the Website;
2. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
3. Circumventing 6drip’s technological or security protection mechanisms;
4. Using a robot, spider, scraper, or other automated technology to access the Website;
5. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
6. Posting or transmitting content intended to collect personal or personally
identifiable information from users of the Website or third parties; 7. Harassing a third party through your use of the Website;
8. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
9. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
10. Posting or transmitting content that is considered pornographic or obscene;
11. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
12. Posting or transmitting content that violates any term or condition of this Agreement; or
13. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
Your violation of any term or condition of this section may result in the immediate termination of your access to the Website.
7. Section 230 of Communications Decency Act
You acknowledge and agree that 6drip is an interactive computer service provider under Section 230 of the Communications Decency Act. Though 6drip may edit, remove, or control the content displayed through the Website, you agree that 6drip will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. 6drip may, within its sole and absolute discretion, remove any User Generated Content, including, without limitation, videos and articles for any reason and for no reason at all.
11. Copyright Policy
6drip hereby incorporates its Copyright and DMCA Policy into this Agreement.
12. Disclaimer of Warranties
6DRIP DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE. 6DRIP PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
6DRIP WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. 6DRIP DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. 6DRIP RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT 6DRIP WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT 6DRIP CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO 6DRIP FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You agree to hold harmless, indemnify, and defend 6drip, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend 6drip under the terms of this Agreement will not provide you with the right to control 6drip’s defense, and 6drip reserves the right to control its defense regardless of your contractual requirement to defend 6drip.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. 6drip may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.
16. Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of _____ without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against 6drip will be exclusively resolved through arbitration.
YOU AND 6DRIP AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN HOUSTON, TX AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND 6DRIP AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF TEXAS IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND 6DRIP AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
17. Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and 6drip will not knowingly collect personally identifiable information from children under the age of eighteen (18). If 6drip inadvertently collects personally identifiable information, 6drip will delete the personally identifiable information in accordance with its security protocols.
6DRIP AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved.