We reserve the right to make changes to these terms at any time. Your continued use of our service constitutes your acceptance of such changes.

USER CONDUCT

A. You agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) "stalk" or harass any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose whatsoever or (j) assist any third party in doing any of the foregoing.

B. You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service and take any other action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

C. These Terms of Service apply to all users of the Blabbermash Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Blabbermash Website includes all aspects of Blabbermash, including but not limited to Blabbermash channels and the Blabbermash "Embeddable Player."

B. The Blabbermash Website may contain links to third party websites that are not owned or controlled by Blabbermash. Blabbermash has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blabbermash will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Blabbermash from any and all liability arising from your use of any third-party website.

D. You agree not to access User Submissions (defined below) or Blabbermash Content through any technology or means other than the video playback pages of the Website itself, the Blabbermash Embeddable Player, or other explicitly authorized means Blabbermash may designate.

E. You agree not to use the Website, including the Blabbermash Embeddable Player for any commercial use, without the prior written authorization of Blabbermash. Prohibited commercial uses include any of the following actions taken without Blabbermash's express approval:
- sale of access to the Website or its related services (such as the Embeddable Player) on another website
- use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue
- the sale of advertising, on the Blabbermash website or any third-party website, targeted to the content of specific User Submissions or Blabbermash content
- use of the Website or its related services (such as the Embeddable player) that Blabbermash finds, in its sole discretion, to use Blabbermash's resources or User Submissions with the effect of competing with or displacing the market for Blabbermash, Blabbermash content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

F. Prohibited commercial uses do not include:
- using the Embeddable Player to show Blabbermash videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Blabbermash;
- any use that Blabbermash expressly authorizes in writing.

G. If you use the Blabbermash Embeddable Player on your website, you must include a prominent link back to the Blabbermash website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Blabbermash 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. Notwithstanding the foregoing, Blabbermash grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blabbermash reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

I. You will otherwise comply with the terms and conditions of these Terms of Service, Blabbermash Community Guidelines, and all applicable local, national, and international laws and regulations.

J. Blabbermash reserves the right to discontinue any aspect of the Blabbermash Website at any time.

K. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Blabbermash Service for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Blabbermash Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

L. You understand that when using the Blabbermash Website, you will be exposed to User Submissions from a variety of sources, and that Blabbermash is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Blabbermash with respect thereto, and agree to indemnify and hold Blabbermash, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your User Submissions and Conduct

A. As a Blabbermash account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Blabbermash does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blabbermash to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Blabbermash, you hereby grant Blabbermash a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Blabbermash Website and Blabbermash's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Blabbermash Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Blabbermash Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Blabbermash Service. You understand and agree, however, that Blabbermash may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Blabbermash all of the license rights granted herein.

E. Blabbermash does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Blabbermash expressly disclaims any and all liability in connection with User Submissions. Blabbermash does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blabbermash will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Blabbermash reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

A. Blabbermash will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Blabbermash reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Blabbermash may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millenium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MINORS

Our Service is intended for persons 18 years or older and we will not knowingly permit anyone under the age of 18 to use our Service.

USER CONTENT

A. By submitting any content to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.

B. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content (including nudity), (c) may insult any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (d) exploits images or the likeness of individuals under 18 years of age, (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes), (f) makes use of offensive language or images, (g) characterizes violence as acceptable, glamorous or desirable, or (h) contains any of your personal contact information other than your email address.

C. We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

THIRD PARTY CONTENT

We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

PROPRIETARY RIGHTS

A. You agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.

B. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at info@blabbermash.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.

USERNAME AND PASSWORD

You will select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session.

TERMINATION

You agree that we, in our sole and unfettered discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service.

DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

DISCLAIMER OF WARRANTIES

You agree that:
A. If you use our service, you do so at your own and sole risk. Our service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. We do not warrant that (a) our service will meet your requirements, (b) our service will be uninterrupted, timely, secure, or error-free, (c) any information that you may obtain on our service will be accurate or reliable, (d) the quality of any products, services, information or other material purchased or obtained by you through our service will meet your expectations, (e) any information you provide or we collect will not be disclosed to third parties or (f) any errors in any data or software will be corrected.
C. If you access or transmit any content through the use of our service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
D. No data, information or advice obtained by you in oral or written form from us or through or from our service will create any warranty not expressly stated in these terms.

12. Limits on liability
A. You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with: (a) the use or inability to use our service, (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our service, (c) disclosure of, unauthorized access to or alteration of your content, (d) statements, conduct or omissions of any service providers or other third party on our service or (e) any other matter arising from, relating to or connected with our service or these terms.
B. We will not be liable for any failure or delay in performing under these terms of use where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

INDEMNITY

You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

ARBITRATION

All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved under binding arbitration held in Atlanta, Georgia before and in accordance with the Rules of the American Arbitration Association, except that we will have the right to seek injunctive or other equitable relief in state or federal court located in Fulton County, Georgia to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

MISCELLANEOUS

These Terms shall be interpreted in accordance with the laws of the State of Georgia without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.