The Brass Ring 100 Terms of Use

Last revised October 20, 2011

Thank you for visiting BrassRing100.com (the "Site"), which is operated by BrassRing100, LLC ("BrassRing100" or "we" or "us"). Please review these Terms of Use ("Terms") carefully so you understand how we operate this Site, what we can offer and how we work together within our community. Please also read our Privacy Policy and Copyright and IP Policy. By using the Site (even if you're just visiting) and the BrassRing100 Services, you're telling us you've read these Terms and the Privacy Policy. When you choose to register, you must click "I agree" to complete your registration. If we change anything major in our Terms, we may ask you to review the changes and click "I agree" again before logging in.

What is BrassRing100?

BrassRing100 offers content hosting and community sharing services (all, collectively, the "BrassRing100 Services"), which provide:

  • The Site: for creating unique personal accounts and accessing the BrassRing100 Services
  • Content: such as images, video and accompanying audio we host and store, provided by us or you and other users
  • Sharing: sharing Content within the BrassRing100 community, across the internet and for hosting on third party sites, providing access to applications and services, and linking up social networks and other partners with the Site
  • Other: any other features, content, mobile services, content editors, BrassRing100 APIs, BrassRing100-branded URLs or applications offered from time to time

Who Can Use the Site?

  • Visitors or Members: If you're just browsing the Site and haven't registered with us, you're a "Visitor." If you've gone through the steps to register with us, you're a "Member." But whether you're a Visitor or a Member, we think of you as a "User." Unfortunately, Membership is void where prohibited, so you might not be able to join.
  • What That Means To You... Some of the BrassRing100 Services are available only to its community Members, while others are available to all Users.
  • And What That Means To Us... You're eligible to be a Member because you've assured us that:
    • What you told us when you registered as a Member was true;
    • You've given us a valid email address;
    • You'll notify us if something changes;
    • You are 14 years of age or older;
    • You're not breaking any laws when you use the BrassRing100 Services; and
    • You're not breaking the policies of these Terms, the Copyright and IP Policy or the Privacy Policy.

Membership Responsibilities

We trust and respect the Users of BrassRing100.com and its community, and expect all Users to respect some simple rules to help foster the community. This means:

  • You can use the Site and be a Member as long as you follow the Terms, including any revisions we may make.
  • If you become a Member, you'll need to come up with a password to use the Site. Make it a good one! We'd suggest using numbers, symbols and letters in both lower case and upper case.
  • Please note that it is our policy to terminate the accounts of Members who repeatedly infringe the rights of others in the community or commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or BrassRing100 Services or terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability - and even take legal action if needed.
  • You may leave the community at any time you wish, but we hope you come back. Even after Membership and/or your use of the Site is terminated, you will still be responsible for the promises you have made to us about your Content and you'll be responsible for any damages that result from your breaking those promises as further outlined below.

Cost and Pricing

  • Visiting: There is no cost to visit the Site.
  • Standard Account: There is no cost to join BrassRing100.com. However, there is a cost in order to upload photos to the site. BrassRing100.com uses a credit system, whereby users purchase credits to be used to upload photos.
  • Refunds: Once a users has joined and used credits there is no refund allowed.

What Can I Post?

Our community continues to grow and gets better because of users like you who upload outstanding content. (Thanks!) If you are a Member, you can upload files containing text, images, photos, video, sounds, and musical works ("Content"). However, there are some limits:

  • Size Limits: The file size, bandwidth, and amount of storage you have are based on your account level.
  • Limits on Content: The BrassRing100 community is a place for people of varying ages, backgrounds and from all walks of life. Because of this, we strive to create a community where everyone feels welcome, and thus there are limits on the types of content that can be uploaded. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn't create; or anything that is illegal.
    • The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.
    • Because BrassRing100 actively supports our community of Users, we may refuse to post your Content, remove your Content or terminate your Membership at any time, with or without prior notice or explanation, and without liability, for any or no reason. For more on how we handle infringements, check out our Copyright and IP Policy.

Your Content

You retain all your rights to any Content you submit, post or display on or while using BrassRing100. This means that YOU own ALL the Content you post, but keep the following in mind:

  • If you don't want to share your Content with the world, you can mark it "private." If you do so, BrassRing100 removes the Content from search results on the Site and other Users (except those you invited) won't find it as a result of using the search feature of the Site. Also, we won't distribute it outside the Site.
    • Be aware, however, just because something is marked "private", we can't guarantee that only the people you invite will see it. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site.
    • Remember: if you share it from the Site, it's no longer private, even if you marked it "private."
  • If you remove your Content from the Site or mark as "private" something that previously had been public, BrassRing100 won't use it outside of the Site anymore and will hide it from search results on the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." Also, we will retain it if needed for any legal reason.
  • If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
  • You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites).
  • So when you post it, you are telling us and all other Users that the Content really, truly is yours - no one else's - and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We're not responsible if it's not really yours or if you infringe on others' rights; you will be responsible if there are any costs for that.
  • BrassRing100 may manipulate your Content to offer the BrassRing100 Services (including transcoding and/or reformatting Content to allow its use throughout the BrassRing100 Services).
  • In an effort to keep the Site free, the Site is supported, at least in part, by advertising. BrassRing100 may place such advertising and promotions on or near your Content. The kind of advertisements we post and the way we display them are up to us.
  • We might keep an eye on Content you post, and if we do, we're not responsible for what's in the Content and we are under no obligation to modify or remove any inappropriate Content. We have provided some tools on the Site - like links to "report inappropriate content" - so you can let us know if you find Content offensive.
  • In order to do the things we do that make our Site and our community so great, we use some images, files, software and other things on the Site that we own or that have been licensed to us ("BrassRing100 Content"). BrassRing100 Content is ours and stays ours, but if you follow these Terms, you are entitled to use and display the BrassRing100 Content (excluding any software code) when you view the Site and use our services. Except in viewing the Site, you agree that you won't copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the BrassRing100 Content.
  • If you stop using the BrassRing100 Services your Content will remain on the Site, unless you actively remove your Content, and the rights you granted to us and other Users remain.

Other Important Things You Need To Know

  • If you use the Site and the BrassRing100 Services and community, you are subject to some limits on things you can do, and we can investigate and take appropriate legal action against anyone we think is violating the Terms.
  • You shouldn't do anything that disrupts the Site or the way it functions; anything that interferes with other User's enjoyment of the Site or the community or using the Site to deceive people.
    • Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or BrassRing100 Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; covering or obscuring the banner advertisements on your personal profile page, or any BrassRing100 page via HTML/CSS or any other means, whether by HTML, CSS or some other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; making any automated use of the system, such as, but not limited to, using scripts to send images or videos; interfering with, disrupting, or creating an undue burden on the BrassRing100 Services or the networks or services connected to the BrassRing100 Services; impersonating or attempting to impersonate another User, person or entity; selling or otherwise transferring your profile; using any information obtained from the BrassRing100 Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about other users without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms. Finally (though this should go without saying), using the Site in a manner that violates any laws.
  • You are solely responsible for your interactions with other Members, although we reserve the right to intervene for the benefit of the community, if need be.
  • These Terms and the Privacy Policy can change. Again, read this document and our other policies carefully. We'll try to let you know in separate postings (or with a little "new" symbol or something similar next to the link on the homepage) if anything "big" happens, but so long as you've used our Site after the change, you're telling us you've read the new version and agree.
  • Our Site is hosted in the US. There may be fewer protections for you in your country than here.
  • Software available in connection with the Site and services offered through the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the BrassRing100 Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  • These Terms are governed by, and interpreted in keeping with, the laws of the State of New York, regardless of any conflict of law provisions. You and BrassRing100 agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the BrassRing100 Services. YOU AND BrassRing100 HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  • The Site is as Good as its Community: As a Member of the BrassRing100 community, if you become aware of misuse of the BrassRing100 Services by any person, please email abuse@BrassRing100.com and include in your email a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the BrassRing100 Copyright and IP Policy. Thanks for helping make BrassRing100 a great place to visit!
  • Get Copies: You may receive a copy of this Agreement by emailing us at: tou@BrassRing100.com, Subject: Terms of Use Agreement.
  • Questions? Please contact us at: support@BrassRing100.com.

Notice

  • You use the Site at your own risk and the Site and services are provided "AS IS."
  • We're not saying that the Site will meet any of your specific needs or that you'll get any particular results if you use the Site. We're not responsible for the conduct of other Users' conduct on- or off-line.
  • We encourage you to always keep backups of your Content. BrassRing100 is not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the Site or services causes you to lose any Content.
  • While we make an effort to keep the Site up and running at all times, we're also not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
  • We're not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
  • The Site may contain links to other websites, wholly unrelated to BrassRing100 - even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. You should check out that site's terms and policies.

Things to Keep in Mind

(Though everything in these Terms is a binding contract, we need to let you know the following.)

  • Limitation on Liability. IN NO EVENT SHALL BrassRing100 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BrassRing100 SERVICES, EVEN IF BrassRing100 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BrassRing100'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BrassRing100 FOR THE BrassRing100 SERVICES DURING THE TERM OF MEMBERSHIP.
  • Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold BrassRing100, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and BrassRing100 Services in violation of that and/or arising from any Content that you post on or through the Site and BrassRing100 Services.
  • Some Obligations Continue Even After You've Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and BrassRing100 Services. Obligations you owed to us and Users of the Site which by their nature are intended to survive closing or termination will survive.
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