Terms of Service

Effective Date of Current Policy: July 1 2014

Bollyshake Inc. (“BollyShake”, “we” or “us”) operates the website located at www.bollyshake.com (the “Site”). The following terms and conditions (the “Terms of Service”) govern your access to and use of the Site.

  1. Your Acceptance. Please read the Terms of Service carefully before you use the Site. By using or visiting the Site or any BollyShake products, software, data feeds, and services provided to you on, from or through the Site (collectively, the “Services”), you agree to these Terms of Service, including our Privacy Policy, found at bollyshake.com/privacy, without qualification or limitation. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. These Terms of Services apply to all users of the Services, including users who are also contributors of “Content” on the Site. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. The Services includes all aspects of Bollyshake, including but not limited to all products, software and services offered via the Site.

  2. Updates to Terms of Service. From time to time we may revise these Terms of Service to reflect changes in the Site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Service at any time in our sole discretion. Your continued use of our Site means that you accept and agree to these Terms of Service as amended or revised by us from time to time, and you should therefore review these Terms of Service periodically. You will know if these Terms of Service have been revised since your prior visit to the Site by referring to the "Effective Date of Current Policy" at the top of this page.

  3. General Use of Services; Permissions and Restrictions. You are granted a limited license to access and use the Services subject to the following restrictions:

    1. You do not use the Site or the Services, for any commercial purpose, including, without limitation: (i) the sale of access to the Site; (ii) the sale of advertising, sponsorships, or promotions placed on or within the Site (including in any content featured on the Site); (iii) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Site, unless other material not obtained from BollyShake appears on the same page and is of sufficient value to be the basis for such sales; the solicitation for commercial purposes of users of the Site regarding their Content. Notwithstanding the foregoing, you may use the Site or its contents for the following commercial purposes: (i) uploading an original video to BollyShake, or maintaining an original channel on BollyShake, to promote your business or artistic enterprise; or (ii) showing BollyShake videos on an ad-enabled blog or website, subject to the advertising restrictions set forth above.

    2. You do not modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Contents of this Site not intended to be so read.

    3. You do not use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Contents of the Site or to collect any information from the Site or any other user of the Site. Notwithstanding the foregoing, BollyShake grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

BollyShake and its licensors reserve all rights not expressly granted herein to the Services and the Content.

  1. Your Use of Content. In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of Content.

    1. The Bollyshake name, the term Bollyshake and all related names, logos, product and service names, designs and slogans (the “Marks”) are trademarks of Bollyshake or its affiliates or licensors. You must not use such Marks without the prior written permission of Bollyshake, and you may not remove or otherwise modify in any manner any trademark notices from any Content offered or received through the Site. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

    2. Images of people, places or products posted on this Site are either the property of Bollyshake, or are used by us with express permission. Unless otherwise noted, all Content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Bollyshake, its partners or affiliates, or other third parties and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Bollyshake and is protected by United States and international copyright laws. Any unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

    3. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service.

    4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

    5. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that BollyShake is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 BollyShake with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BollyShake, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

    6. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the Contents of this Site (including Marks described above) in any form or by any means, except where BollyShake makes available the means for the foregoing actions through functionality offered by the Site. You further agree not to copy, reproduce, distribute, sell, license, or otherwise exploit any Content for any purposes not expressly permitted in these Terms of Service without the prior written consent of BollyShake or the respective licensors of the Content. To inquire about obtaining authorization to use the materials or Content on this Site, please contact us at [email protected]

  2. Your Content and Conduct.

    1. As a BollyShake account holder you may submit Content through the Service, including videos and user comments. You understand that BollyShake does not guarantee any confidentiality with respect to any Content you submit.

    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content through the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You further agree that Content you submit to through the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BollyShake all of the license rights granted herein.

    3. By submitting Content to BollyShake, you hereby grant BollyShake a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and BollyShake's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that BollyShake may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. Notwithstanding the foregoing, the above licenses granted by you in any user comments you submit are perpetual and irrevocable.

    4. You agree that you will not submit to the Site any Content or other material that:

      1. Is pornographic or sexually explicit content.

      2. Shows graphic or gratuitous violence, including but not limited to animal abuse, drug abuse, under-age drinking and smoking, bomb making, humiliation, physical abuse, stalking, threats, harassment, intimidation, invading privacy, or revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Service is taken very seriously.

      3. Is spam. Everyone hates spam. Don’t create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not permitted to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

    5. BollyShake does not permit copyright infringing activities or infringement of intellectual property rights on the Service, and BollyShake will remove all Content if properly notified that such Content infringes on another's intellectual property rights. BollyShake reserves the right to remove Content without prior notice.

  3. BollyShake Account.

    1. In order to access some features of the Site, you will have to create a BollyShake account. You may never use another BollyShake user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BollyShake immediately of any breach of security or unauthorized use of your account. Although BollyShake will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BollyShake or others due to such unauthorized use.

  4. Contests. BollyShake operates regular contests for members of its Site. By creating a BollyShake account and uploading Content to the Site, you agree to participate in the Contests subject to the Contest Rules bollyshake.com/contestrules. To withdraw from the Contests, please contact [email protected]

  5. Termination of Account and License. We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your account and/or license to use the Site or Service, to revoke any authorizations afforded to you pursuant to these Terms of Service, to discontinue, block or prevent future access to and use of the Site or Services for any reason or no reason. Upon termination, these Terms of Service will still apply.

  6. Electronic Communication. By visiting the Site, submitting your email address through the Site, or communicating with us through the Site, you consent to receive communications from us by e-mail or Site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.

  7. Changes to the Website; Content Disclosure.

    1. We further reserve the right to remove, delete, redact or otherwise modify Content on the Site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

    2. Subject to the Privacy Policy bollyshake.com/privacy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request

  8. Linking to the Site. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

  9. Linking to Other Websites. If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.


 

  1. Digital Millennium Copyright Act.

    1. Notice. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by with the following information in writing to [email protected]:

      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 copyrighted 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 that site;

      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 the service provider to locate the material;

      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

      5. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to [email protected]:

      1. Your physical or electronic signature;

      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      5. If we receive counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BollyShake's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOLLYSHAKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF. BOLLYSHAKE 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 AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (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 OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 SERVICES. BOLLYSHAKE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOLLYSHAKE 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.

10. Limitation of Liability

IN NO EVENT SHALL BOLLYSHAKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (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 OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT BOLLYSHAKE 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.

The Services are controlled and offered by BollyShake from its facilities in the United States of America. BollyShake makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnification.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BollyShake, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of the Site, including use of the Content, (2) your violation of these Terms of Service, our Privacy Policy bollyshake.com/privacy, any other terms or rules applicable to the Site, any rights of any other person or entity, or any applicable laws, rules or regulations, or (3) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BollyShake without restriction.