Terms of Use

 

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the ”TheBetterReality.com” domain name, hereinafter, the "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) the Website’s privacy notice, found at http://www.thebetterreality.com/privacy and incorporated herein by reference. If you do not agree to any of these terms or the Website’s privacy notice, please do not use the Website.

B. You should periodically review the most up-to-date version of the Website’s Terms of Use and the Privacy Notice located here: http://www.thebetterreality.com/privacy. TheBetterReality.com, Conrad L. Ricketts Productions, Inc. and its affiliates (hereinafter, “TBR”) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. TBR Website

A. These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects of TBR, including but not limited to all products, software, functionality and services offered via the Website, including but not limited to, the TBR Channels, TBR Groups, TBR Community and TBR Friends.

B. The Website may contain links to third party websites that are not owned or controlled by TBR. TBR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TBR will not and cannot censor or edit the content of any third-party site. By using this Website, you expressly relieve TBR from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. TBR Accounts

A. In order to access some features of the Website, you will have to create a TBR account. You may never use another 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 TBR immediately of any breach of security or unauthorized use of your account.

B. Although TBR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TBR or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

TBR hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute, in any medium, any part of the Website, including but not limited to User Submissions (defined below), without TBR’s prior written authorization.

B. You agree not to access User Submissions (defined below) or TBR Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means TBR may designate.

D. You agree not to use the Website for any commercial uses. Prohibited commercial uses include any of the following actions taken without TBR's express written approval:

sale of access to the Website or its related services on another website;

use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or TBR Website content;

uploading an original video to the Website, or maintaining an original channel on Website, to promote your business or artistic enterprise; and

any use of the Website or its related services that TBR finds, in its sole discretion, to use TBR's resources or User Submissions with the effect of competing with or displacing the market for the Website, TBR, TBR’s content, or its User Submissions.

E. Prohibited commercial uses do not include any use that TBR expressly authorizes in writing:

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TBR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TBR 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. TBR reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

G. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

H. TBR reserves the right to discontinue any aspect of the Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

A. The content on the Website, except all User Submissions (as defined below), including without limitation, the 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 Conrad L. Ricketts Productions Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. TBR reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

for your information and personal use;

as intended through the normal functionality of the Website; and

for Streaming.

 

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website.

D. You may access Website Content, User Submissions and other content only as permitted under these Terms of Use. TBR reserves all rights not expressly granted in and to the Content and the Website.

E.   You agree to not engage in the use, copying, or distribution of any of the Content herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F.   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.

G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that TBR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User 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 TBR with respect thereto, and agree to indemnify and hold Conrad L. Ricketts Productions, Inc., TBR affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

H.  You understand and acknowledge that some Content contained in User Submissions on the Website may contain or portray actions, events and occurrences, or descriptions of the same, that may be dangerous or pose serious risk of injury or harm to those involved, and that no one should try to imitate, emulate or re-create any such actions, events or occurrences in any way. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TBR with respect thereto, and agree to indemnify and hold Conrad L. Ricketts Productions, Inc., TBR and its affiliates, harmless in the event that you in any way harm yourself, harm others or harm property in the course of imitating, emulating or re-creating anything contained in the Content of the Website.

6. Your User Submissions and Conduct

A. As a TBR account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TBR does not guarantee any confidentiality with respect to any User Submissions.

 

B.  USER WARRANTIES AND REPRESENTATIONS: You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You warrant and represent that: (a) You own and/or control all necessary rights, licenses, consents, and permissions to use and authorize TBR to use all trademark, copyright or rights of privacy, publicity or other intellectual property in and to your User Submissions, and to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use; (b) your User Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (c) and that publication and use of your User Submission via the Website, and/or via any and all other media, and any advertising, publicity or promotion of the Website in any and all media, will not infringe on the rights any third party.  In the event that User does not own or control all the necessary rights and licenses as warranted and represented above, User will use their best efforts to assist TBR securing all necessary rights, licenses, consents, and permissions to use and authorize TBR to use all trademark, copyright or rights of privacy, publicity or other intellectual property in and to your User Submissions, and to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. User will indemnify and hold harmless, Conrad L. Ricketts Productions, Inc., TBR and its affiliates from any claims to the contrary. 

 

C.  GRANT OF RIGHTS: You shall retain all ownership rights in and to your User Submission, provided however, by submitting your User Submission, you (i) grant to TBR a non-exclusive worldwide, perpetual, irrevocable, right and royalty-free license, including any and all ancillary and derivative rights to User Submissions in any and all media including, without limitation, videograms and television programming (“Derivative Projects”), to post, perform and use your User Submission on the Website and in any and all other Derivative Projects, and any advertising and promotion of the Website or any Derivative Projects, in any and all media, (ii) agree that TBR and its affiliates, in TBR’s sole discretion, may edit, adapt, mix, remix, morph, scan, duplicate, alter and/or otherwise modify and commercially exploit your User Submission on the Website and in any Derivative Projects, and any advertising and promotion of the Website and any Derivative Projects in any and all media, in whole or in part, without any restrictions as to changes, for publication or for any other purpose which TBR deems necessary or desirable, including, without limitation, in future publicity and advertising for the Website and any Derivative Projects; (iii) agree that TBR and its affiliates shall have no obligation (express or implied) to use your User Submission in any manner and User shall not be entitled to any compensation by reason of TBR’s use or non-use of User Submission; (iv) agree to be bound by these Terms of Use and the decisions of the TBR and its affiliates; (v) agree that you may be contacted by TBR or its affiliates by telephone, mail or email regarding your User Submission; and (vi) agree to sign and deliver to TBR or its affiliates such documents as TBR or its affiliates may reasonably require to effectuate the rights granted herein, provided that if you fail to do so within 5 business days from TBR’s written notice and submission to you of the aforementioned documents, you hereby irrevocably appoint TBR as your attorney-in-fact in connection with your User Submission, with the right to execute such documents reasonably necessary to effectuate the grant of rights in this Paragraph.

      You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TBR all of the license rights granted herein.

E.   You further agree that you will not, in connection with User Submissions, submit material that is contrary to these Terms of Use, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F.   TBR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TBR expressly disclaims any and all liability in connection with User Submissions. TBR does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TBR will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TBR reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. TBR may terminate a User's access to its Website pursuant to its sole discretion.

B. TBR reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. TBR may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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;

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;

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

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

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.

 

TBR’s designated Copyright Agent to receive notifications of claimed infringement is: Christopher J. Corabi, Attorney at Law, P.C., 280 South Beverly Drive, Suite 205, Beverly Hills, California 90212; email; DCMA@thebetterreality.com; fax; 310 275 7561. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TBR customer service through info@thebetterreality.com You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission 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 content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

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;

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

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

 

If a counter-notice is received by the Copyright Agent, TBR 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 TBR’s sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TBR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TBR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TBR 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 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 TBR WEBSITE. TBR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TBR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TBR 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.

10. Limitation of Liability

IN NO EVENT SHALL TBR, 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 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 TBR WEBSITE, 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 TBR SHALL NOT BE LIABLE FOR USER 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.

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

11. Indemnity

You agree to defend, indemnify and hold harmless TBR, Conrad L. Ricketts Productions Inc., its parent corporation, officers, directors, employees, attorneys 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 Use; (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 User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

12. Ability to Accept Terms of Use

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 Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

13. Assignment

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

14. General

You agree that: (i) the TBR Website shall be deemed solely based in California; and (ii) the TBR Website shall be deemed a passive website that does not give rise to personal jurisdiction over TBR, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and TBR that arises in whole or in part from the TBR Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice at http://www.thebetterreality.com/privacy and any other legal notices published by TBR on the Website, shall constitute the entire agreement between you and TBR concerning the TBR Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TBR's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TBR reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the TBR Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND TBR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TBR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.