Date of Last Revision: 2018-05-25
THESE TERMS DO NOT APPLY TO YOUR ACCESS TO AND USE OF THE ATTACH PRODUCTS AND SERVICES WHICH WE MARKET ON OUR WEBSITE (“SERVICES”). Our Services are governed by our Platform Service Agreement, to which you agree when subscribing to or using our Services.
General Terms and Conditions
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Website and (iii) that your use of the Website is in compliance with any and all applicable laws and regulations.
By posting or publishing your content, suggestions, information, data, or comments (“Content”) to this Website, you are granting ATTACH a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You will retain ownership of your Content, however, any use of your Content by ATTACH may be without any compensation paid to you. By posting and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
Except as otherwise provided, ATTACH is a pass-through service used to distribute live media content, not a hosting provider. As such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Copyright holders or their agents concerned with material served through ATTACH’s network should submit a notification of claimed copyright infringement to [email protected]
If you would prefer not to use email, you may mail your complaint to:
Closeup, Inc. Attention: Legal Department 7227 West Windmill Lane 226 Las Vegas, Nevada 89113 United States
Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.
ATTACH may provide copies of, or information from your notification or complaint to anyone it considers appropriate, including but not limited to the ATTACH user whom the notification or complaint relates to, the ATTACH user’s hosting provider, website operator and visitors of ATTACH’s own website.
We may at our sole discretion suspend or terminate your access to the Website at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Website at any time (including, without limitation, by limiting or discontinuing certain features of the Website) without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.
This Website may contain links to third party websites. Such linked websites are not under our control, and we are not responsible for their content.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (the “Materials”) provided by ATTACH are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Website are the property of ATTACH or our third party licensors. Except as expressly authorized by ATTACH you may not make use of the Materials. ATTACH reserves all rights to the Materials not granted expressly in this Agreement.
You agree that you will be responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless ATTACH and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "ATTACH Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE ATTACH ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE ATTACH ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE ATTACH ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ATTACH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by the laws of the State of Nevada, United States without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and ATTACH agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clark County, Nevada, United States for the purpose of litigating all such disputes.
ATTACH reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Website.
This Website is operated by Closeup, Inc., located at 7227 West Windmill Lane 226, Las Vegas, Nevada 89113, United States. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected] If you are a resident of Germany or California, United States, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.