visiting or using a website or application owned or controlled by GoodTimePost,
including our affiliated companies (collectively, “GoodTimePost” or “we” or
“our” or “us”), or any our products, software, data feeds, video player and
services provided to you by GoodTimePost (collectively the “Service”) you
signify your agreement to: (I) these terms and conditions (the “Terms of
herein by reference. If you do not agree to any of these terms or the Privacy
Policy, please do not use the Service.
we may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version. We may, in
our sole discretion, modify or revise these Terms of Service and policies at
any time, and you agree to be bound by such modifications or revisions. Nothing
in these Terms of Service shall be deemed to confer any third-party rights or
Terms of Service apply to all users of the Service, including users who are
also contributors of Content on the Service. “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 Service.
products, services, features, functionality, and content made available by us
on the Service are delivered by third parties. By accessing or using any
product, service, feature, functionality, or content originating from the
Service, you hereby acknowledge and consent that we may share information and
data with third parties with whom we have a contractual relationship to provide
the requested product, service, feature, functionality, or content for our
Service may contain links to third party websites that are not owned or
controlled by us. We have no control over, and assume no responsibility for,
the content, privacy policies, or practices of any third party websites. In
addition, we will not and cannot censor or edit the content of any third-party
website. By using the Service, you expressly relieve GoodTimePost from any and
all liability arising from your use of any third-party website.
we encourage you to be aware when you leave the Service and to read the terms
Accounts and Third Party Accounts.
order to access some features of the Service, you will have to create an
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 us immediately of any
breach of security or unauthorized use of your account.
we will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of GoodTimePost or others due to such
may be able to connect your account on our Service to your third party accounts
on other services (e.g., Facebook or Twitter). By connecting your account to
your third party accounts, you acknowledge and agree that you are consenting to
the continuous release of information about you to others (in accordance with
your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.
General Use of the Service – Permissions and Restrictions.
We hereby grant you permission to access and use the Service as set forth in
these Terms of Service, provided that:
· You agree not to distribute in any medium any
part of the Service or the Content without our prior written authorization,
unless we make available the means for such distribution through functionality
offered by the Service, such as with an embeddable video player authorized by
us (“Embeddable Player”) or other authorized means that we may designate.
· You agree not to alter or modify any part of
· You agree not to access Content through any
technology or means other than on the Service itself, an Embeddable Player, or
other explicitly authorized means we may designate.
· You agree not to use the Service for any of
the following commercial uses unless you obtain our prior written approval:
sale of access to the Service;
sale of advertising, sponsorships, or promotions placed on or within the
Service or Content; or
sale of advertising, sponsorships, or promotions on any page of an ad-enabled
blog or website containing Content delivered via the Service, unless other
material not obtained from us appears on the same page and is of sufficient
value to be the basis for such sales.
Prohibited commercial uses do not include:
an original video to the Service, or maintaining an original channel on the
Service, to promote your business or artistic enterprise;
our videos through an Embeddable Player on an ad-enabled blog or website,
subject to the advertising restrictions set forth herein; or
use that we expressly authorize in writing.
you use an Embeddable Player on your website, you may not modify, build upon,
or block any portion or functionality of the Embeddable Player, including but
not limited to links back to the Service.
agree not to use or launch any automated system, including without limitation,
“robots,” “spiders,” or “offline readers,” that accesses the Service in a
manner that sends more request messages to the Service’s 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, we grant the
operators of public search engines permission to use spiders to copy materials
from the website 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. We reserve 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 Service,
nor to use the communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Service with respect to their Content.
your use of the Service, you will comply with all applicable laws.
reserve the right to discontinue any aspect of the Service at any time.
Your Use of Content.
In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of Content.
Content on the Service, and the trademarks, service marks and logos (“Marks”)
on the Service, are owned by or licensed to Greeningz, subject to copyright and
other intellectual property rights under the law.
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
Service and as permitted under these Terms of Service. You shall not download
any Content unless you see a “download” or similar link displayed by us on the
Service for that Content. You shall not copy, reproduce, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any Content for any
other purposes without the prior written consent of us or the respective
licensors of the Content. GoodTimePost and its licensors reserve all rights not
expressly granted in and to the Service and the Content.
agree not to circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Service or the Content
understand that when using the Service, you will be exposed to Content from a
variety of sources, and that we are 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 us with respect thereto, and, to the extent
permitted by applicable law, agree to indemnify and hold harmless GoodTimePost,
its owners, operators, affiliates, licensors, and licensees to the fullest
extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct.
an account holder you may be able to submit Content to the Service, including
videos and user comments. You understand that we do not guarantee any
confidentiality with respect to any Content you submit.
shall be solely responsible for your own Content and the consequences of
submitting and publishing your Content on the Service. You affirm, represent,
and warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit; and you license to GoodTimePost all
patent, trademark, trade secret, copyright or other proprietary rights in and
to such Content for publication on the Service pursuant to these Terms of
clarity, you retain all of your ownership rights in your Content. However, by
submitting Content to the Service, you hereby grant GoodTimePost 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 Service and GoodTimePost’s (and its successors’
and affiliates’) business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user
of the Service a non-exclusive license to access your Content through the
Service, and to use, reproduce, distribute, display and perform such Content as
permitted through the functionality of the Service 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 we
may retain, but not display, distribute, or perform, server copies of your
videos that have been removed or deleted. The above licenses granted by you in
user comments you submit are perpetual and irrevocable.
further agree that Content you submit to 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 us all of the license rights granted herein.
further agree that you will not submit to the Service any Content or other
material that is contrary to these Terms of Service or contrary to applicable
local, national, and international laws and regulations.
do not endorse any Content submitted to the Service by any user or other
licensor, or any opinion, recommendation, or advice expressed therein, and we
expressly disclaim any and all liability in connection with Content. We do not
permit copyright infringing activities and infringement of intellectual
property rights on the Service, and we will remove all Content if properly
notified that such Content infringes on another’s intellectual property rights.
We reserve the right to remove Content without prior notice.
Use of Communication Services.
Service may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication services designed to enable you to communicate with the public at
large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded, restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others, including
e-mail addresses, without their consent; violate any applicable laws or
have no obligation to monitor the Communication Services. However, we reserve
the right to review materials posted to a Communication Service and to remove
any materials in our sole discretion. We reserve the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
reserve the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in our sole discretion.
use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. We do not control or
endorse the content, messages or information found in any Communication Service
and, therefore, we specifically disclaim any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized GoodTimePost
spokespersons, and their views do not necessarily reflect those of GoodTimePost.
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Account Termination Policy.
will terminate a user’s access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
reserve the right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to,
pornography, obscenity, or excessive length. We may at any time, without prior
notice and in our sole discretion, remove such Content and/or terminate a
user’s account for submitting such material in violation of these Terms of
Digital Millennium Copyright Act.
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 providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
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;
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;
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
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
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.
designated Copyright Agent to receive notifications of claimed infringement is: info@GoodTimePost.com
For clarity, only DMCA notices should go to the Copyright Agent;
any other feedback, comments, requests for technical support, and other
communications should be directed to GoodTimePost customer service. You
acknowledge that if you fail to comply with all of the requirements of this
Section 9, your DMCA notice may not be valid.
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 the Copyright Agent:
physical or electronic signature;
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;
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
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.
a counter-notice is received by the Copyright Agent, 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 our sole discretion.
AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, GoodTimePost, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF. GoodTimePost MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE 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. GoodTimePost 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 GoodTimePost
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
Limitation of Liability.
NO EVENT SHALL GoodTimePost, 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 GoodTimePost
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. IN NO EVENT WILL GoodTimePost’ TOTAL
AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID
BY YOU TO USE THE SERVICE.
The Service is controlled and offered by GoodTimePost from its facilities in
the United States of America. GoodTimePost makes no representations that the
Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless GoodTimePost, its parent corporation, 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 Service; (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 your Content caused damage to a third
party. This defense and indemnification obligation will survive these Terms of
Service and your use of the Service.
Ability to Accept Terms of Service.
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. Talk
to your parents about what websites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by GoodTimePost without
agree that: (I) the Service shall be deemed solely based in California; and
(II) the Service shall be deemed a passive website that does not give rise to
personal jurisdiction over GoodTimePost, either specific or general, in
jurisdictions other than California. These Terms of Service 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 GoodTimePost
that arises in whole or in part, directly or indirectly, from these Terms of
and construed in accordance with the laws of the State of California, without
regard to its conflict of laws rules applicable to contracts to be performed
entirely within the State of California, Los Angeles County. For all such
matters, each party irrevocably submits to the exclusive jurisdiction of JAMS
Arbitration in the County of Los Angeles, State of California and waives any
jurisdictional, venue, or inconvenient forum objections to such arbitration.
notices published by us on the Service, shall constitute the entire agreement
between you and GoodTimePost concerning the Service. If any provision of these
Terms of Service 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 Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and GoodTimePost’s
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. We reserve the right to amend
these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the Service following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND GoodTimePost AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Notice for California Users.
California Civil Code Section 1789.3, California users of the online services
are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or
you have any questions regarding these Terms of Service, you may email us at info@GoodTimePost.com