TERMS OF SERVICE
Last Updated: 08 31 2020
Rules and Conduct
- You must be 18 years or older to use the Service.
- You may not use the Service if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
- To access some features of the Website or other elements of the Service, you must create a TheCGBros account. You may not create an account for anyone other than yourself without permission. You may not create more than one personal account. If TheCGBros disables your account, you will not create another one without TheCGBros’ permission.
- When creating your account, you must provide accurate and complete information. It is important that you keep the password to your account with TheCGBros secure and confidential. You agree that you will be solely responsible for all activity that occurs under your TheCGBros account. You must notify TheCGBros immediately of any breach of security or unauthorized use of your TheCGBros account that you become aware of.
- You may not impersonate another person or entity or represent yourself as affiliated with TheCGBros or TheCGBros’s staff.
- You must not stalk, abuse, harass, threaten, impersonate, or intimidate other Users of the Service.
- You may not post anyone’s identification documents or sensitive information on the Website or Service.
- You may not express or imply that any statements you make are endorsed by TheCGBros, without our specific prior written consent.
- You may not use web URLs in your account name or posts without prior written consent from TheCGBros.
- You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
- You may not intentionally misrepresent any services offered via TheCGBros.
- You are responsible for your conduct and any Content that you submit, post, and display on the Website and Service.
- TheCGBros does not control, is not responsible for, and makes no representations or warranties with respect to any Content submitted by a User.
- You are responsible for your access to, use of, and/or reliance on any user Content. You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any user Content.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data or Content submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted Content may be stored by TheCGBros in order to comply with certain legal obligations and claims. Consequently, TheCGBros encourages you to maintain your own backup of your Content. In other words, TheCGBros is not a backup service. TheCGBros will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.
We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy, or completeness of any Content contained in the Service.
- You may not download, copy, modify, reproduce, create derivative works, publicly display, publicly perform, digitally transmit, distribute, broadcast, sell, license, or otherwise exploit any Content found in any part of the Service other than as permitted by these Terms.
- You may not disassemble, decompile, or reverse-engineer the Website or modify another website, application, or product offering so as to falsely imply that it is associated with TheCGBros.
- You may not transfer, share, or otherwise distribute the Service or any part of the Service to anyone else.
- You may not access TheCGBros’ private API by any means other than through the official TheCGBros Service.
- You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by the Service.
- You may not use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, crawl, scrape, “data mine,” reproduce, or circumvent the navigational structure or presentation of the Service or otherwise index any portion of the Service or any Content including, but not limited to, User accounts, names, addresses, email addresses, photos, or any other Content.
- TheCGBros grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheCGBros reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion.
- You may not use the Website or the Service (including the comments and email features on the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise. You may not solicit, for commercial purposes, any Users of the Service with respect to their Content.
- You agree not to use the Service for any of the following commercial uses unless you obtain TheCGBros’ prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from TheCGBros appears on the same page and is of sufficient value to be the basis for such sales.
- You may not create or submit unwanted email or comments to any Users of the Service (“Spam”).
- You may not gather and use information, such as Users’ names or email addresses, which are made available through the Service for any purpose outside of these Terms, including, but not limited to, Spam or any other form of unwanted solicitation.
- You may not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You may not “mirror” or “frame” any part of the Service, without our prior written authorization or use meta tags or code or other devices containing any reference to TheCGBros or the Service in order to direct any person to any other website for any purpose.
- You may not access Content through any technology or means other than the video playback pages of the Website itself or such other means as TheCGBros may explicitly designate for this purpose.
- You may not distribute any part of or parts of the Website or the Service, including, but not limited to, any Content, in any medium without TheCGBros’ prior written authorization.
- You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
- You may not transfer, use, or sell your account with TheCGBros to any another party.
- TheCGBros reserves the right, but has no obligation, to reject any Content provider or to remove any User Content that we believe does not comply with these prohibitions.
- You may not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
- Violation of these Terms can result in the termination of your account with TheCGBros.
- While TheCGBros prohibits certain conduct and Content on the Website, you understand and agree that TheCGBros cannot be responsible for the Content posted on the Website. You further understand and agree that you nonetheless may be exposed to such materials and that you use the Service at your own risk.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any account that becomes inactive, violates any intellectual property or other laws of the United States, misleads other Users, or is otherwise deemed inappropriate by TheCGBros.
Proprietary Rights in Content on the Website or Related Service
- As a TheCGBros account holder, you may submit Content. You understand that whether or not your Content is published, TheCGBros does not guarantee any confidentiality with respect to your Content.
- You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it on the Website.
- TheCGBros does not endorse any Content or any opinion, recommendation, or advice expressed therein.
- TheCGBros expressly disclaims any and all liability in connection with User Content.
- TheCGBros does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or through the Service.
- By submitting, displaying, and/or publishing (“posting”) any Content on or through the Service, you hereby grant to TheCGBros a non-exclusive, fully paid, and royalty-free, worldwide, sub-licensable and transferable license to use, modify, prepare derivative works of, publicly perform, publicly display, reproduce, and distribute such Content, including, without limitation, distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
- The license term begins on the date TheCGBros receives a completed Content Submission Agreement and lasts until the date that is 3 years from that date. This is called the “Initial Distribution Period.” At the end of the Initial Distribution Period, the TheCGBros may, but are obligated to, renew at their sole option, for an additional 1-year term called “Renewal Distribution Period.” The Initial Distribution Period and each Renewal Distribution Period (if any), in either of the above cases, is the “Distribution Period.”
- The license you grant is non-revocable during the Distribution Period except for the 30-day period preceding the end of the Initial Distribution Period or the then-current Renewal Distribution Period. During this 30-day period either you or TheCGBros may provide notice of intent not to renew the license to the other party. The procedure for declaring the intent not to renew the license is described in the FAQ at TheCGBros.com.
- During the Distribution Period, TheCGBros may permit the license to be suspended temporarily for good cause, such as for entering the video into a film festival or equivalent, where there is a requirement that the video not be shown elsewhere than the festival or other venue for the duration of the event. In this case, the license will be suspended for a number of consecutive thirty-day periods designated by you, not to exceed three in any Distribution Period. The suspension will be lifted automatically at the end of the designated suspension period. When the suspension is lifted, the license term clock will be reset to zero and a new Initial Distribution Period will begin. The procedure for obtaining a suspension is described in the FAQ at TheCGBros.com.
- By posting any Content on or through the Service, you hereby grant to each User of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service. You agree that any Content which either you or we upload or post on your behalf does not contain material which is unlawful for you to possess in the country in which you are resident, or which would be unlawful for TheCGBros to use or possess in connection with the provision of the Service.
- Except as provided within the Terms, you may not download, copy, modify, reproduce, create derivative works, publicly display, publicly perform, digitally transmit, distribute, broadcast, sell, license, or otherwise make good use of any Content appearing on or through the Service.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions. You hereby agree that TheCGBros or others may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
Notice and Takedown Procedure for Copyright Complaints
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to TheCGBros as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site [http://www.copyright.gov]) but we will respond to notices of this form from other jurisdictions as well.
It is expected that all Users of any part of the Service will comply with applicable copyright laws. However, if TheCGBros receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or Content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
TheCGBros’ Designated Agent to receive notification of alleged infringement under the DMCA is:
Johnston Media Group, Inc.
2127 Olympic Parkway, Suite 1006
Chula Vista, CA 91915
Upon receipt of proper notification of claimed infringement, TheCGBros will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TheCGBros’ Designated Agent (listed above) the following information in a written communication (preferably via email):
- 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 TheCGBros to locate the material;
- Information reasonably sufficient to permit TheCGBros to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I 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”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide TheCGBros’ Designated Agent (listed above) the following information in a written communication (preferably via email):
- 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;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for Southern California.”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, TheCGBros will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that TheCGBros will replace the removed material or cease disabling access to it in 10 business days. TheCGBros will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, TheCGBros will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. A repeat infringer is a User who has been notified of infringing activity more than twice.
Accommodation of Standard Technical Measures
It is TheCGBros’ policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that TheCGBros determines are reasonable under the circumstances.
You agree to indemnify and hold TheCGBros harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) it incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Service; (ii) a violation of these Terms, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) your interaction with any Users.
TheCGBros retains the right to employ TheCGBros’ own counsel. You remain solely responsible for TheCGBros’ defense and must obtain our written consent to a settlement. You agree to notify TheCGBros of a pending suit claiming you have violated a third party’s intellectual property or other rights. TheCGBros requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of these Terms.
Integration with Third Party Services
If you are using the Service combined, integrated, or used with third party products, software applications, or websites (“Third Party Service[s]”), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of the Service may be diminished when operating through a Third Party Service; and (iii) TheCGBros cannot guarantee that the Service shall always be available on or in connection with such Third Party Services and does not endorse any advertising, products, or other materials on or available from such websites or resources.
You acknowledge and agree that TheCGBros is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
TheCGBros and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. TheCGBros hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display Content from the Service (excluding any software code) solely for your personal use in connection with viewing postings and using the Service. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title, and interest in and to the Website and the Service, including all associated intellectual property rights.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Website or the Service (“Feedback”) is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise make good use of such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
TheCGBros reserves the right, at its sole discretion, to modify or replace any of these Terms on the Website or Service. TheCGBros may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. Therefore, you must review the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://www.thecgbros.com/terms-service-agreement/ or made available within the Service. If you do not agree to the Modified Terms, you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
TheCGBros may terminate, change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
If you want to terminate your legal agreement with TheCGBros, you may do so by (a) notifying TheCGBros at any time in writing via email and (b) closing your TheCGBros account. However, please know not all obligations can be terminated under this Agreement, including but not limited to those contained in the Content Submission Agreement.
You understand and agree that the Website and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
THECGBROS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS REPUTATION, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (3) ANY CONTENT OBTAINED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; OR (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES, OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Representation and Warranties
You represent and warrant that: (i) you own the Content that either you or TheCGBros posts on your behalf on or through the TheCGBros Service or otherwise have the right to grant the license set forth in this section; (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person because of Content you post on or through the Service within the Indemnification section below.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, TheCGBros’ liability will be limited to the fullest extent permitted by applicable law.
Nothing in the Terms shall affect any statutory right that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
For any dispute you have with TheCGBros, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and TheCGBros decide otherwise, arbitration will be conducted in California. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THECGBROS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by the laws of the State of California in the United States, without regard to any conflict of laws, rules, or principles.
You and TheCGBros agree to submit to the exclusive jurisdiction of the courts of San Diego, California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TheCGBros shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
Questions & Contact Information
If you have any questions about our Terms, TheCGBros can be contacted at [email protected]