Please read these Terms of Service, (collectively, the “Agreement”) carefully before using VIEWBOMB (the “Website”) and/or the other domains, products, services and/or content offered by VIEWBOMB, LLC. (“VIEWBOMB,” “We,” “Us,” or “Our”). By using or accessing the Services in any manner, you or the entity you represent (“You,” or “Your”) agree that you have read and agree to be bound by and a party to the terms and conditions of this Agreement to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to use the Services. Use of VIEWBOMB’s services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
The viewbomb.com website, dashboard, web based plugins, associated domain names, and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by VIEWBOMB in connection therewith (collectively, the “Website”) are owned and operated by VIEWBOMB, LLC. Subject to the terms and conditions of this Agreement, VIEWBOMB may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. Services include, without limitation, use of the Website, any service VIEWBOMB performs for you and the Content (as defined below) offered by VIEWBOMB on the website. VIEWBOMB may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. VIEWBOMB may also impose limits on certain features and services or restrict your access to parts or all services without notice or liability. VIEWBOMB reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
VIEWBOMB does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to VIEWBOMB or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com. You represent and warrant to VIEWBOMB that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The Website, the Services, and their contents are intended solely for the use of registered users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, if you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from VIEWBOMB or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, VIEWBOMB may revoke your right to so link at any time, at VIEWBOMB ’s sole discretion. VIEWBOMB reserves the right to require prior written consent before linking to the Website.
For clarity, the rights granted in this Section include, but are not limited to, the right: to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, VIEWBOMB, or the Services; to reproduce audio-visual content and sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), publicly perform sound recordings and videos (and the musical works embodied therein), and publicly display any written content uploaded by you to the Services, all on a royalty-free basis. This means that you are granting VIEWBOMB the right to use the User Submissions without the obligation to pay any royalties to any copyright owner (including, without limitation, a publisher, record label or studio), any performing rights organization (a “PRO”, which term includes, without limitation, ASCAP, BMI and SESAC in the United States, and PRS in the United Kingdom), any sound recording PRO (including, without limitation, SoundExchange, Inc.), any unions or guilds (including, without limitation, the American Federation of Television and Radio Artists (“AFTRA”), the Screen Actors Guild (“SAG”), the American Federation of Musicians (“AFM”), or any other engineers, producers or other participants involved in the creation of User Submissions or any element thereof.
By uploading User Submissions through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Submissions. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release VIEWBOMB and all of VIEWBOMB’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload the User Submissions to or through the Services. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings or videos embodying such sound recordings to or through the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to comply with this Agreement. For example, cover songs are not permitted on the Services unless the artist/band has cleared all rights to the song covered by the artist/band. 1. Specific Rules for Musical Works: If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty-free licenses granted by you to VIEWBOMB and users of the Services in this Agreement. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licenses set forth in this Agreement or have such music publisher enter into this Agreement with VIEWBOMB. Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that you have the rights necessary to grant VIEWBOMB and users of the Services the licenses set forth in this Agreement. 2. Confirmation of Rights: VIEWBOMB reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Submissions. If you fail to provide VIEWBOMB with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or terminate your account with VIEWBOMB. We will have no liability to you for any actions taken by us pursuant to this Section.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that VIEWBOMB will not be liable for any errors or omissions in any content. You understand that VIEWBOMB cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, VIEWBOMB cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will VIEWBOMB be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You agree that you won’t post Content that violates, or otherwise use the Services in ways that violate, VIEWBOMB’s Community Guidelines. Please review VIEWBOMB’s current Community Guidelines at https://viewbomb.com/community_guidelines, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by VIEWBOMB’s Community Guidelines.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without VIEWBOMB’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of VIEWBOMB; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. VIEWBOMB reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if VIEWBOMB is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not VIEWBOMB, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to VIEWBOMB and to grant VIEWBOMB the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
VIEWBOMB has no special relationship with or fiduciary duty to you. You acknowledge that VIEWBOMB has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release VIEWBOMB from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. VIEWBOMB makes no representations concerning any content contained in or accessed through the Services, and VIEWBOMB will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. VIEWBOMB makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
You will indemnify and hold VIEWBOMB, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL VIEWBOMB OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND VIEWBOMB’S REASONABLE CONTROL.
Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Currently, access to and participation in Paid Services are subject to separate written agreements between you and VIEWBOMB, and you shall not be entitled to receive any Paid Services in the absence of such an agreement. In the event of a conflict between the terms of this Agreement and any such written agreement, the terms of such other written agreement shall control. Any fees paid to VIEWBOMB in connection with this Agreement are non-refundable.
By using the Services, you expressly relieve and hold harmless VIEWBOMB from any and all liability arising from your use of any Third Party Website. Except as described below, your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that VIEWBOMB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that VIEWBOMB is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VIEWBOMB, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
VIEWBOMB may, solely on behalf of certain Third Party Websites, process and facilitate payment to you of any amounts owed to you by such Third Party Websites (“Third Party Payments”). By entering into this Agreement, you authorize VIEWBOMB to process and facilitate the Third Party Payments to you. Such payments shall be made within sixty (60) days after VIEWBOMB receives such Third Party Payments from the respective Third Party Website. VIEWBOMB will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as VIEWBOMB may choose in its reasonable discretion. You acknowledge and agree that VIEWBOMB shall have no responsibility or liability for failure to facilitate the Third Party Payments to you if such failure is due to the respective Third Party Website’s failure to properly remit the Third Party Payments to VIEWBOMB. In the event your use of, or access to, the Services is terminated (whether initiated by you or VIEWBOMB), your use of, or access to, the Third Party Websites shall also cease, and VIEWBOMB shall have no responsibility or liability related to pending Third Party Payments owed to you from the respective Third Party Website. In the event of such termination, you shall be solely responsible for contacting the respective Third Party Website to provide updated contact and payment information such that you would receive such pending Third Party Payments directly from the respective Third Party Website.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. VIEWBOMB may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. VIEWBOMB may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. VIEWBOMB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VIEWBOMB’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with VIEWBOMB’s prior written consent. VIEWBOMB may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to VIEWBOMB products or services exists between you and VIEWBOMB, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind VIEWBOMB in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central Commonwealth of Virginia.
VIEWBOMB has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of VIEWBOMB’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is VIEWBOMB’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that VIEWBOMB is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
1. To remove or disable access to the infringing material; 2. To notify the content provider, member or user that it has removed or disabled access to the material; and 3. That repeat offenders will have the infringing material removed from the system and that VIEWBOMB will terminate such content provider’s, member’s or user’s access to the Services.
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which VIEWBOMB is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, VIEWBOMB may send a copy of the counter-notice to the original complaining party informing that person that VIEWBOMB may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at VIEWBOMB’s discretion.
Please contact VIEWBOMB’s Designated Agent to Receive Notification of Claimed Infringement at the following address: VIEWBOMB, LLC., PO Box 96503 #94833 Washington, DC 20090
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:
PO Box 96503 #94833
Washington, DC 20090