You may use Brighteon.com only if you can legally form a binding contract with Brighteon.com ("Webseed, LLC"), and only in compliance with these Terms and all applicable laws. When you create your Brighteon.com account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed.
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
If you use Brighteon.com for commercial purposes, and if you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
Brighteon.com allows you to post content, including videos, comments, descriptions, and other materials. Anything that you post or otherwise make available on Brighteon.com is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Brighteon.com.
You grant Brighteon.com and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Brighteon.com solely for the purposes of operating, developing, providing, and using Brighteon.com. Nothing in these Terms restricts other legal rights Brighteon.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it's used on Brighteon.com, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
Following termination or deactivation of your account, or if you remove any User Content from Brighteon.com, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes.
If you submit comments, ideas or feedback to Brighteon.com, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Brighteon.com doesn't waive any rights to use similar or related feedback previously known to Brighteon.com, or developed by its employees, or obtained from sources other than you.
While we work to protect the security of your content and account, Brighteon.com can't guarantee that unauthorized third parties won't be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Brighteon.com may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Brighteon.com. We don't endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Brighteon.com, you do so at your own risk and you agree that Brighteon.com has no liability arising from your use of or access to any third party website, service, or content.
Brighteon.com may terminate or suspend your right to access or use Brighteon.com for any reason, without notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by the rest of these Terms.
If you use Brighteon.com for commercial purposes, you agree to indemnify and hold harmless Brighteon.com (Webseed, LLC) their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
Our Service and all content on Brighteon.com is provided on an "as is" basis without warranty of any kind, whether express or implied.
Brighteon.com specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Brighteon.com takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that's inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REAL.VIDEO (Webseed, LLC) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL REAL.VIDEO'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Brighteon.com, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Brighteon.com account. If Brighteon.com hasn't been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Brighteon.com are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Brighteon.com account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Brighteon.com agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Brighteon.com will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REAL.VIDEO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Brighteon.com or our Service isn't arbitrable under applicable laws or otherwise: you and Brighteon.com both agree that any claim or dispute regarding Brighteon.com will be resolved exclusively in accordance with the "governing law" section of these Terms.
Governing law: These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles.
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that's what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use Brighteon.com after revisions become effective, you agree to be bound by the new Terms. If you don't agree to the new terms, please stop using Brighteon.com.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brighteon.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Brighteon.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.