Best Deaths / Digital Enterprise Terms Of Service
Best Deaths / Digital Enterprise Terms Of Service
2257 Compliance Notice
Some of the content that appears on www.bestdeaths.com ("website") depicts activities that are of an adult nature. All models, actors, actresses and other persons that appear in such content were over the age of eighteen years at the time of the creation of such depictions. Those records required by 18 U.S.C. § 2257 and associated regulations with respect to this Web site are kept at the office of the Digital Enterprise at the following location:
The principals of Digital Enterprise are responsible for maintaining the records and hereby certify that the aforesaid materials are in full compliance with the requirements of 18 U.S.C. §2257 and associated regulations.
In certain cases, Digital Enterprise is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.
Best Deaths / Digital Enterprise may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Website.
1. Description of Service.
Best Deaths / Digital Enterprise is a website that makes available to its viewers content generated by Best Deaths / Digital Enterprise. The website is a resource for people who want to share and who are looking for, among other things, scenes of horror and fantasy deaths. (Collectively, "Best Deaths / Digital Enterprise Services.")
Best Deaths / Digital Enterprise grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
2.1 The Best Deaths / Digital Enterprise website is a single integrated work which may not be accessed or used without permission. This Website is a work owned by Best Deaths / Digital Enterprise. The structure, design, functional components and other features of this Website, as well as all company-owned or licensed content depicted in this Website, jointly comprise a single fully integrated work owned by the Company that is presented and made available only for non-commercial entertainment use by adults as a unitary work. All use of the Website is by permission only and no rights or permissions are granted to any person or legal entity to perform, distribute, rebroadcast or otherwise use this work or any part thereof in any manner separate or apart from the use of the work as a whole in accordance with these Terms of Service while your Internet browser is in direct communication with one or more Best Death's servers at www.bestdeaths.com.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Best Deaths / Digital Enterprise. Illegal and/or unauthorized use of the Best Deaths / Digital Enterprise Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Best Deaths / Digital Enterprise Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation and may result in termination of privileges.
2.2 No Implied Use. Users of this work are hereby advised that the work comprises valuable intellectual property owned by the Company that includes, without limitation, the work's search and content organizing functions, Best Deaths / Digital Enterprise, advertisement designs, Company trademarks, including, without limitation, the mark Best Deaths / Digital Enterprise, and all links and other aesthetic features and website functionality of the work. All use of this Website is by express permission controlled exclusively by these Terms of Service. There are no implied uses of this work. Access to any internal parts of the work by means other than through website navigation features provided on the Website itself are prohibited. No deep linking or independent deep link access is authorized. No authorization to use this work in any manner whatsoever is, or shall at any time be, granted to any person under the age of 18 years.
2.3 Agreement Not To Access Content Or The Website From Prohibited Areas. As a material condition to the granting of the license to you to use the Website, you agree and warrant that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Website directly or indirectly while you are in any of the geographic locations identified by the Company as "PROHIBITED AREAS" from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of the Website. All of the following areas constitute such "PROHIBITED AREAS" from which none of the age-restricted parts of Website, or any Content provided by Company or any Affiliated Content Providers, may be accessed, viewed, downloaded or otherwise received by you.
2.3.1 Other Prohibited Access Areas.
188.8.131.52 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the disturbing materials depicted on or available through the Website, such as content provided by Best Deaths / Digital Enterprise, by user submission or by Best Deaths / Digital Enterprise-affiliated content providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
2.4 Affirmation That You Are An Adult And You Are Not In A Prohibited Area. You hereby affirm and warrant that you are currently an adult, i.e., over the age of 18 years (21 years in places where 18 years is not the age of majority), that you are not located in a prohibited area and that you will not access the website from any prohibited area.
2.5 Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that you understand, and that you hereby agree, that any access to the age-restricted parts of the Website by a minor or by any person located in a PROHIBITED AREAS constitutes the unauthorized accessing of Best Death’s computers and databases in excess of the authorization expressly granted by Best Deaths / Digital Enterprise in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Best Death’s copyrights in the Website which are protected under the laws of the United States and other countries. You further acknowledge that you understand that any such unauthorized access of the Website could subject you to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Best Death’s copyright in the Website could subject you to statutory damages of up to $150,000.
3. Ability to Accept Terms of Service.
You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website.
4. User Conduct.
You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available video or photo that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any Best Deaths / Digital Enterprise personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions transmitted through the Website; (d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) upload, post, or otherwise transmit any submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt Best Deaths / Digital Enterprise, the Website, or Best Deaths / Digital Enterprise networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) "stalk" or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video submissions depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use the Website in any way that exposes Best Deaths / Digital Enterprise to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) Best Deaths / Digital Enterprise determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
Best Deaths / Digital Enterprise shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
With the exception of all submissions, the content on the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Best Deaths / Digital Enterprise, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Best Deaths / Digital Enterprise reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
6. User Submissions.
The Website permits the submission and the hosting, sharing, and/or publishing of such submissions. You understand that whether or not such submissions are published, Best Deaths / Digital Enterprise does not guarantee any confidentiality with respect to any submissions.
You acknowledge and agree that Best Deaths / Digital Enterprise and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any submission that is available via the Website or other Best Deaths / Digital Enterprise network products or services at any time, for any reason, or for no reason at all, with or without notice.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Best Deaths / Digital Enterprise to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your submissions. However, by submitting the submissions to the Website, you hereby grant Best Deaths / Digital Enterprise a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, display, and perform the submissions in connection with the Website and Best Death’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your submissions through the Website, and to display, and perform such submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
You understand that when using the Website, you will be exposed to submissions from a variety of sources, and that Best Deaths / Digital Enterprise and the Website are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Best Deaths / Digital Enterprise with respect thereto, and agree to indemnify and hold Best Deaths / Digital Enterprise, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. Inappropriate User Submissions.
Best Deaths / Digital Enterprise assumes no responsibility for monitoring the Best Deaths / Digital Enterprise Services for inappropriate content or conduct. If at any time Best Deaths / Digital Enterprise chooses, in its sole discretion, to monitor the Best Deaths / Digital Enterprise Services, however, Best Deaths / Digital Enterprise assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. Best Deaths / Digital Enterprise may review and delete any submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate Submissions"). You are solely responsible for the submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Best Deaths / Digital Enterprise does not endorse any submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with submissions. Best Deaths / Digital Enterprise does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Best Deaths / Digital Enterprise will remove all Content and submissions if properly notified that such Content or submission infringes on another's intellectual property rights. Best Deaths / Digital Enterprise reserves the right to remove Content and submissions without prior notice. Best Deaths / Digital Enterprise will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a submission removed from the Website more than twice. Best Deaths / Digital Enterprise also reserves the right to decide whether Content or a submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. Best Deaths / Digital Enterprise may remove such submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Best Deaths / Digital Enterprise provides the Website as a service to its users. Best Deaths / Digital Enterprise does not monitor, supervise, or control content posted or stored on its servers at the direction of its Users, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
By using this website, you also agree that all submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), Best Deaths / Digital Enterprise will respond expeditiously to claims of copyright infringement that are reported to Best Death’s designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Best Deaths / Digital Enterprise by providing Best Death’s designated copyright agent listed below with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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 the Website;
3. 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 Best Deaths / Digital Enterprise to locate the material;
4. Information reasonably sufficient to permit Best Deaths / Digital Enterprise to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Equipment and Software.
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. Best Deaths / Digital Enterprise may modify system requirements or the Software at any time. Best Deaths / Digital Enterprise makes no warranty that any particular computer, portable device, or other recording device will be compatible with the software and service provided to you, that any device using the software and service will function, or that the website will work on the equipment and software used by you.
You acknowledge that Best Deaths / Digital Enterprise reserves the right to charge for the Best Deaths / Digital Enterprise services and to change its fees from time to time in its discretion. If Best Deaths / Digital Enterprise terminates your rights to use the Best Deaths / Digital Enterprise services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
10. Representations and Warranties.
You represent and warrant that all of the information provided by you to Best Deaths / Digital Enterprise to participate in the Website is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
Best Deaths / Digital Enterprise reserves the right to terminate your access to and/or use of the Website and remove and discard any Content and submissions at any time for any reason, including without limitation any failure to comply with any part of this Agreement. Best Deaths / Digital Enterprise also reserves the right to discontinue providing all or part of the Website. Best Deaths / Digital Enterprise reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by Best Deaths / Digital Enterprise in providing the Website may be effected without notice to you and that Best Deaths / Digital Enterprise shall be under no obligation to retain any submissions, provide any further access to any submissions or return any submissions to you. You agree that Best Deaths / Digital Enterprise shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.
13. Warranty Disclaimer/Limitation of Liability.
You expressly understand and agree that your use of the website shall be at your sole risk and that Best Deaths / Digital Enterprise services are provided "as is" and "as available." To the fullest extent permitted by law, Best Deaths / Digital Enterprise, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Best Deaths / Digital Enterprise makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site.
In no event shall Best Deaths / Digital Enterprise, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, (vi) any conduct, whether online or offline, of any user of the Best Deaths / Digital Enterprise services, and/or (vii) 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 the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Best Deaths / Digital Enterprise does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Best Deaths / Digital Enterprise will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You specifically acknowledge that Best Deaths / Digital Enterprise shall not be liable for submissions 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.
Best Deaths / Digital Enterprise makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Best Deaths / Digital Enterprise, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
15. Advertisements and Promotions.
You understand and agree that Best Deaths / Digital Enterprise may display advertisements on some or all of the site. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Best Deaths / Digital Enterprise has the right to run such advertisements without prior notice and without recompense to you or any other user. Best Deaths / Digital Enterprise reserves the right to modify the manner, mode, and extent of advertising on the site at any time without notice. Any business dealings, interactions, or participation in sponsored giveaways or promotions with advertisers found on the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Best Deaths / Digital Enterprise shall not be held responsible for any loss or damage incurred as the result of such interactions or dealings with advertisers on the site.