This is a legally binding agreement between Batelz and You.
By accepting these Terms You confirm that You are at least 13 years of age. Batelz is not intended for anyone under the age of 13.
Welcome to the Service. It was created by Batelz as a platform for personal communication and entertainment.
We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden Rule ("do unto others...").
In order to access some features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Batelz account via Your Facebook® and Google+®, using the same information provided to one of those networks (the “Batelz Account”). You can alter such information by updating Your Facebook®, Google+® account (this will automatically update Your Batelz Account the next time You log in). You also may alter Your Batelz Account information by logging into the Service and accessing Your settings.
You agree not to share Your Batelz Account password or let others have access to Your Account and You will not attempt to transfer Your Batelz Account to anyone else. You are responsible for the activity that happens on or through Your account, so we urge You to keep Your account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Batelz will not be liable for losses caused by any unauthorized use of Your Batelz Account, You may be liable for the losses of Batelz or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your Batelz Account or of any related security breach by contacting us at support@Batelz.com. If for any reason You want to limit Your children's access to the Service, there are a number of commercially available parental control protections.
3. OWNERSHIP OF THE SERVICE
The Service may contain links to third party services that are not owned or controlled by Batelz. Batelz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, Batelz will not and cannot censor or edit the content of any third party service. You expressly release Batelz from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED CONTENT
The term “Content” refers to any information, data, communication, video, text, graphics, photos (including but not limited to “Selfies” and “Moments”), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, “Submit”) to the Service, or view or access on the Service.
All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests (see Section 5), will remain with You, subject to the licenses You make hereunder. Batelz does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Batelz and anyone acting with the authorization of Batelz.
Batelz assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
You understand that the Service is intended for public use and not for private communications, and You confirm that You have no expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Batelz does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
As with other Content, Batelz assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
By Submitting Content to the Service, You are granting Batelz and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of Batelz and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5. GUEST BROADCASTS
For clarity, all right, title and interest in Content Submitted by a Guest to a Guest Broadcast, to the extent it does not belong to third parties, will remain with the Guest, subject to the following: In addition to all licenses relating to Content provided above to Batelz and others, each Guest hereby grants to the Host, and each Host hereby grants to each Guest,, a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, perform, edit, modify and comment upon such Guest Broadcast, including Content Submitted by the Guest or the Host. This would include, by way of example, posting on the Host’s or Guest’s (as applicable) Batelz account page or to social media, to the extent the functionality of the Service permits.
6. ACCEPTABLE USE POLICY
You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be:
(1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
(2) infringe on the copyright or any other proprietary right of any person or entity;
(3) invade the privacy of any person;
(4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or
(5) be otherwise inappropriate or unlawful.
You also agree that You will not
(i) use the Service to spam others or create mass-emails,
(ii) continue harmful behavior if You have been warned of such;
(iii) 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 Batelz 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, and/or
(iv) create a false identity (except for a user name unique to you that does not violate the rights of a third party, such as a celebrity or owner of intellectual property); and/or
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 for any commercial solicitation purposes.
Batelz may offer access to certain parts of the Service on a subscription basis (“Subscriptions”). Subscriptions shall be for a specified term selected by You through the Service. Subscription-based parts of the Service may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless You cancel Your Subscription before the monthly Renewal Date that is disclosed to You when You activate Your Subscription, and through the Settings portion of the Service (in which case You may be responsible for making payments through the end of that calendar month). We may or may not notify You of upcoming Renewal Dates.
You agree to pay Your Subscription fee in advance of receiving any Subscription-based part of the Service. Batelz reserves the right to discontinue or modify any Subscription fee payment option. You are responsible for all charges incurred under Your Batelz Account and You are responsible for timely cancelation of Your Subscription regardless of whether You receive any notice from us. Batelz reserves the right to deactivate Subscription-based parts of the Service to Your Batelz Account if payment is past due, regardless of the dollar amount.
If You choose a Subscription-based service, You hereby grant Batelz permission to automatically charge the Subscription fee to Your chosen payment method at the beginning of each applicable payment period. Your access to Subscription-based services will not be established until Batelz has verified that the credit card or other payment information You provide for payment is accurate and that Your payment method account is in good standing.
You are required to keep Your billing information current, complete and accurate (for example, if You move, be sure to update Your billing address, if You get a new credit/debit card, make sure You update the card number and/or expiration date) and notify Batelz if Your selected payment method is cancelled (e.g., for loss or theft).
You may choose not to renew Your Subscription-based part of the Service at any time by selecting the “Cancel Subscription” option under the Subscriptions page or by contacting support@Batelz.com. Your cancellation is effective at the end of the current Subscription term.
Batelz reserves the right to change, modify or cancel the Subscription Program as it sees fit. All alterations to the Subscription Program will apply to all participants.
8. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
9. FEEDBACK FROM YOU
While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Batelz, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Batelz may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
To provide such submissions or feedback, please email feedback@Batelz.com.
10. COPYRIGHT INFRINGEMENT POLICY
Batelz is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated 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 within the Service are covered by a single notification, a representative list of such works that appear within the Service;
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; and
A statement under penalty of perjury that the information in the notification is accurate, and You are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Batelz will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Batelz will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Batelz may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
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 access to it was disabled;
A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Batelz may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation by email to support@Batelz.com with the words "Attn Copyright Infringement Agent" in the subject line.
11. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BATELZ EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE):
(A) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RESPECTING THE SERVICE AND RESPECTING ANY AND ALL SPONSORED PRODUCTS AND SERVICES;
(B) ALL WARRANTIES RELATING TO CONTENT FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SERVICE INCLUDING WITHOUT LIMITATION SPONSORED CONTENT AND SPONSORED PRODUCTS AND SERVICES.
(C) ALL WARRANTIES THAT SUCH CONTENT IS FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION.
(D) ALL WARRANTIES THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Service contains the opinions and views of its users. Batelz does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content from users made available through the Service.
Please also note that the Service is controlled and offered by Batelz from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Batelz makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
12. LIABILITIES AND INDEMNITIES
13. PLATFORM PROVIDERS
Platform providers, such as Apple Inc. and Google Inc., that make the App available for download ("Platform Providers") are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to deliver any product or service purchased by You through the App, You may notify the applicable Platform Provider, and such Platform Provider may refund payments made for such purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement;
(iii) claims alleging infringement of intellectual property; and
(iv) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims. Platform Providers are third party beneficiaries of this Section 14, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this Section 14 against You.
Batelz may assign this Agreement to its successors, licensees, and affiliates. However, because the subject matter hereof is personal to You and Your Content, you may not assign this Agreement to any person or entity without Batelz’s prior written consent.
16. DISPUTE RESOLUTION
No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor ("AAA") in Virginia, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in Virginia, If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties' attorneys and their staff, and any experts retained by the parties, or as required by law.
Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
(i) because the attorneys for one of the parties drafted the agreement;
(ii) because of the drafting history of the agreement; or