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Terms Of Service

Terms of Service

Last Updated: November 27, 2017

**PLEASE READ THIS DOCUMENT CAREFULLY. GROM, Inc DBA Gunfighter University ("Gunfighter University," "we," or "us") offers an online video sharing platform and community through its website located at GunfighterU.com and other Gunfighter University-operated sites (collectively, the "Gunfighter University Site"), mobile applications, connected TV applications, and other online services (collectively and including the Gunfighter University Site, the "Gunfighter University Service"). By registering as a member or by using the Gunfighter University Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Gunfighter University. If you do not wish to be bound by this Agreement, do not use the Gunfighter University Service. **

Content

  1. Who May Use the Gunfighter University Service
  2. License to Use the Gunfighter University Service
  3. Privacy
  4. Membership
  5. Subscriptions and Purchases
  6. Term and Termination; Account Deletion
  7. Content Restrictions
  8. Code of Conduct
  9. Indemnification
  10. Disclaimers
  11. Limitation of Liability
  12. Compliance Notice Pursuant to 18 U.S.C. § 2257
  13. General Provisions
  1. Who May Use the Gunfighter University Service

AGE REQUIREMENT: You must be at least 13 years old to use the Gunfighter University Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Gunfighter University Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Gunfighter University Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Gunfighter University Service. If your child is using the Gunfighter University Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Gunfighter University Service is appropriate for your child, please review our Frequently Asked Questions or contact us.

WARNING: Even if you are old enough to use the Gunfighter University Service and/or have your parent's or guardian's permission, some of the content available within the Gunfighter University Service may not be appropriate for you. Some content may contain material of a mature subject matter. If you are under 18, do not view such content.

  1. License to Use the Gunfighter University Service

LICENSE: Gunfighter University grants you a limited, non-exclusive license to access and use the Gunfighter University Service for your own personal, non-commercial purposes. This includes the right to view content available on the Gunfighter University Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the Gunfighter University Service for commercial purposes.

If you sell Gunfighter University-hosted videos directly to users other than through GunfighterU, such usage will be deemed an "Application" under our API TERMS (whether you use our API or not) and will be subject to our API Terms.

RESTRICTIONS: Except as expressly permitted by Gunfighter University in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Gunfighter University Service or any source code therein. Nor will you attempt to circumvent any of Gunfighter University's technical measures or take any measures to interfere with or damage the Gunfighter University Service. All rights not expressly granted by Gunfighter University are reserved.

MOBILE APP: Your use of the Gunfighter University Service through one of our mobile applications is also subject to our Mobile App Addendum.

  1. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.
  1. Membership

REGISTRATION: To fully use the Gunfighter University Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Gunfighter University and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Gunfighter University Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

SEAT ACCESS: If you are member, you may grant access to your account to other Gunfighter University members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a Gunfighter University member who has been granted access to your account, you must comply with the terms of this Agreement in accessing that account.

  1. Subscriptions and Purchases

SUBSCRIPTIONS: We offer Gunfighter University online memberships. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Gunfighter University online membership site or apps. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase monthly subscriptions are non-refundable. You must give us thirty (30) days notice of cancellation. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Gunfighter University. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Gunfighter University reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.

END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes disabled or deleted. Your account and its content may be deleted if your subscription is not renewed.

OTHER PURCHASES: Purchases of other products and services through the Gunfighter University Service are subject to the appropriate terms and conditions that are presented to you at the time of purchase. All payments made for Gunfighter University Online services are final and non-refundable. Notwithstanding the foregoing, Gunfighter University may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.

  1. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Gunfighter University Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: Gunfighter University may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Gunfighter University determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Gunfighter University's reputation and goodwill. If Gunfighter University deletes your account for the foregoing reasons, you may not re-register for the Gunfighter University Service. Gunfighter University may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Gunfighter University will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Gunfighter University shall not be responsible for the loss of such content.

  1. Content Restrictions

You may not download, copy, post, repost or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.
  1. Code of Conduct

In using the Gunfighter University Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute "spam";
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the Gunfighter University Site (unless you are an official Gunfighter University partner or advertiser and have a written agreement with Gunfighter University).

Gunfighter University has the right, but not the obligation, to monitor all conduct on and content submitted to the Gunfighter University Service.

  1. Indemnification

You will indemnify, defend, and hold harmless Gunfighter University and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Gunfighter University Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Gunfighter University violates any law or infringes any third party right, including any intellectual property or privacy right.

  1. Disclaimers

Gunfighter University reserves the right to modify the Gunfighter University Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Gunfighter University Service. Gunfighter University has no obligation to screen or monitor any content and does not guarantee that any content available on the Gunfighter University Service complies with this Agreement or is suitable for all users.

Gunfighter University provides the Gunfighter University Service on an "as is" and "as available" basis. You therefore use the Gunfighter University Service at your own risk. Gunfighter University expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Gunfighter University makes no representations or warranties:

  • That the Gunfighter University Service will be permitted in your jurisdiction;
  • That the Gunfighter University Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party's use of content that you submit;
  • That any content you submit will be made available on the Gunfighter University Service or will be stored by Gunfighter University;
  • That the Gunfighter University Service will meet your business or professional needs;
  • That Gunfighter University will continue to support any particular feature of the Gunfighter University Service; or
  • Concerning sites and resources outside of the Gunfighter University Service, even if linked to from the Gunfighter University Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Gunfighter University Service, and no warranties shall apply after such period.

  1. Limitation of Liability

To the fullest extent permitted by law: (i) Gunfighter University shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Gunfighter University's total liability to you shall not exceed the amounts paid by you to Gunfighter University over the twelve (12) months preceding your claim(s).

  1. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Gunfighter University Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D).

  1. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of North Carolina, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Gunfighter University Service must be commenced in the state or federal courts located in Cumberland County, North Carolina, United States of America (and you consent to the jurisdiction of those courts). In any such action, Gunfighter University and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Gunfighter University in exercising any right hereunder will waive any further exercise of that right. Gunfighter University's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Gunfighter University's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Gunfighter University electronically. Gunfighter University may provide all such communications by email or by posting them on the Gunfighter University Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Gunfighter University at coo@sobtactival.com or the following address:

GROM, Inc. 7711 S. Raeford Rd, STE 102-146, Fayetteville, North Carolina 28376 Attention: Chief of Operations

Nothing herein shall limit Gunfighter University's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Gunfighter University on the Gunfighter University Site or a written amendment signed by an authorized representative of Gunfighter University. A revised Terms of Service will be effective as of the date it is posted on the Gunfighter University Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

This Agreement constitutes the entire understanding between Gunfighter University and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Gunfighter University's application protocol interface (API), which is governed by our API Agreement.

END OF DOCUMENT. Have a nice day.

 

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