Terms and Conditions of Use and Service of Deadsink
1 Acceptance Of The Use Of Deadsink Terms and Conditions
Your access to and use of Deadsink is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Credit card details
Deadsink will never ask for Credit Card details and request that you do not enter it on any of the forms on Deadsink.
The contents of the Deadsink website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 Change of Use and Service
Deadsink reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Deadsink shall not be liable to you for any such change or removal.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
These terms were last modified on 09/02/11
5 Links to Third Party Websites
Deadsink Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Deadsink has not reviewed all of the sites linked to its Internet web site and use of any such linked web site is at the user's own risk.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Deadsink or otherwise used by Deadsink as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
Note: If you feel that any of your material's copyrights have been violated by another user's submission of the material to Deadsink, please contact us immediately, so that we might quickly rectify the situation and hold accountable any violating party.
7 Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Deadsink will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Deadsink makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 You agree that your use of Deadsink shall be at your sole risk. To the fullest extent permitted by law, Deadsink, its officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with Deadsink and your use thereof. Deadsink makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to Deadsink and assumes no liability or responsibility for any: violations of copyright; errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Deadsink; any unauthorized access to or use of our web hosting service and/or any and all personal and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through Deadsink by any third party; and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Deadsink. Deadsink does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Deadsink or any hyperlinked services or featured in any banner or other advertising, and Deadsink will no be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
7.5 In no event shall Deadsink, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: violations of copyright; errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Deadsink; any unauthorized access to or use of our web hosting service and/or any and all personal and/or information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through Deadsink by any third party; and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Deadsink, whether based on warranty, contract, tort, or any other legal theory, and whether or not Deadsink is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that Deadsink shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold Deadsink and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Deadsink arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of California and you hereby submit to the exclusive jurisdiction of the Californian courts.
11 Use of Site
11.1 Harassment in any manner or form on the site, including via e-mail, chat, comment, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Deadsink or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
11.2 You agree not to circumvent, disable or otherwise interfere with security-related features of Deadsink or features that prevent or restrict use or copying of any Content or enforce limitations on use of Deadsink or the Content therein.
12 Participation Disclaimer
Deadsink does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Deadsink is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Deadsink reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Deadsink in its sole discretion.
13 Requirements and Restrictions
You must be at least 13 years old to use, view or submit material on Deadsink. Note: some of the content available on Deadsink may not be appropriate for you. Some content may contain "Restriction" rated material (click here for further explanation of our rating system), nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
As between you and Deadsink, you affirm that you own or have the necessary licenses, rights, consents, and permissions to submit material to Deadsink. By submitting material, you grant Deadsink and its affiliates an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of displaying the video on Deadsink, promoting Deadsink, and archiving or preserving the video for disputes, legal proceedings, or investigations.
You further agree and understand that contributing material to our collection of media does not entitle you to any revenue-share or any financial compensation whatsoever and that no contributors will be compensated in any fashion, monetarily or otherwise.
15 Representations and Warranties
For each piece of content that you submit, you represent and warrant that: you have the right to submit the content to Deadsink and grant the licenses set forth above; Deadsink will not need to obtain licenses from any third party or pay royalties to any third party; the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and the content complies with these terms and any and all applicable laws. You further agree that you will not submit to Deadsink any Content or other material that is contrary to the Deadsink Submission Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
For any further information please contact us.