Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
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MetalVsMetal Content Submission
By clicking "Submit" or "I Agree" within the site and submitting or uploading to MetalVsMetal.com ("MetalVsMetal") any content, whether video, photographic, text (articles, reviews, comments, etc.) you are accepting all of the terms set forth in this legal and binding Content Submission Agreement ("Agreement").
I. Grant Of Licenses
A. REQUIRED LICENSES:
1. Internet License. By agreeing to this Agreement and submitting your videos, photographs, written comments, articles, or other visual or audio data (collectively, "Content"), to MetalVsMetal, you are granting MetalVsMetal, its successors, assigns, and licensees a non-exclusive, fully-paid, world-wide, royalty-free license in perpetuity ("License") to publicly display, publicly perform, distribute, and reproduce your Content, in whole or in part, on any medium now in existence or hereafter devised, including but not limited to mobile devices, TV, Radio, the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. Distribution under the License gives MetalVsMetal the right to distribute your Content through any technology now known or hereafter invented, including both streaming and progressive downloading technologies.
II. You Must Have The Right To Use The Content Submitted To MetalVsMetal
By submitting your Content and agreeing to the terms and conditions of this Agreement, you represent and warrant ("Representations and Warranties") to MetalVsMetal the following:
A. Unrestricted Right To Grant. You have the legal right and authority to grant the licenses described above to MetalVsMetal. If you are under the age of eighteen (18), you must have your parent or legal guardian add your Content on your behalf.
B. No Infringement. The rights granted to MetalVsMetal under this Agreement, including the public display, public performance, distribution, and reproduction of your Content, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal, contractual or property right of any person or entity and that your Content will not constitute a libel or defamation of any third party.
C. Discharge/Payment of Obligations. All of the following have been discharged or paid or will be discharged or paid by you or persons other than MetalVsMetal:
1. Copyright. All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music, words appearing, used or recorded in your Content.
2. Contracts. All obligations, of any kind, including, without limitation, licenses or contracts for distribution, exhibition, performance or exploitation of your Content.
D. No Pornographic Or Illegal Material. The content of your Content must not be obscene, pornographic, invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations.
F. Indemnity. You agree to indemnify and hold harmless MetalVsMetal, its respective officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, including a breach of any Representations and Warranties made by you in this Agreement. You agree to cooperate fully with MetalVsMetal in the defense or settlement of any claim arising from your breach or alleged breach of any provision of this Agreement.
III. Disclaimer & Limitation Of Liability
All right, title and interest not expressly granted by MetalVsMetal are expressly reserved by MetalVsMetal.
MetalVsMetal SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH THE SUBJECT MATTER OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MetalVsMetal MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE WHICH WOULD EXTEND BEYOND THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. IN NO EVENT SHALL MetalVsMetal'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AMOUNT OF MONEY YOU PAID TO MetalVsMetal.
You acknowledge that you have not relied on any statement, representation or promise of MetalVsMetal except as expressly stated in this Agreement.
A. Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
B. Use of "You" or "Your". The words "you" or "your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.
C. Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of MetalVsMetal.
D. Integration: Except as explicitly provided herein, this document represents the entire Agreement between the parties and no other representations, covenants or promises have been relied on.
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