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TERMS OF SERVICE

Last Modified: 2020-07-24

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ACCEPTANCE OF TERMS OF SERVICE

By using or visiting www.steveholmesporn.com (the "Site") or any content, functionality and services offered on or through the Site, whether as a guest or registered user, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you signify your agreement to these Terms of Service.

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These Terms of Service apply to all users, including users accessing this Site, whether accessed via computer, mobile device, or other technology, manner, or means.

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PLEASE READ THESE TERMS CAREFULLY. By using this Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

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If you do not agree to any of these terms of Service, please do not access or use the Site.

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You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.

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ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Site from, 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. If you are under 18 or the applicable age of majority, please do not use any of the SIte. You also represent that the jurisdiction from which you access a Website does not prohibit the receiving or viewing of sexually explicit content.

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CHANGES TO TERMS OF SERVICE

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 a Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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COMMUNICATION PREFERENCES

By using any of the Site, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also expressly and specifically consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication.

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PURCHASED CONTENT

  1. Through the Site, you may obtain custom videos and/or personalized shout outs (“Content”) from Steve Holmes (“Performer”). You may submit a request to the Performer for Content that is personalized for you or a third party that you identify as a recipient (“Recipient”).

  2. You acknowledge and agree that the Performer has sole discretion to determine how to fulfill your request and the content of the Content created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion.  Once your request is reviewed, you will receive an email notifying you of your request. If accepted, payment instructions will be emailed to you. The Performer has up to seven days (at our sole discretion) to fulfill your request once payment is received. In the event that your request is not fulfilled by the Performer, you will be refunded any monies paid. 

  3. The Content you purchase is licensed, not sold. You are buying the right (or license) to use it, not the actual content itself.

  4. Subject to your payment in full, the Performer hereby grants to you the following limited rights to use the Content solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Content, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.

  5. You may not sell, re-sell, or encumber your rights in any Content purchased. You may sublicense your rights in Content purchased only to the extent necessary for you to use the Content as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).

  6. You may use the Content only in accordance with these Terms. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove the Content from our Site at any time for any reason without any notice to you.

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OWNERSHIP​

  1. You acknowledge and agree that Content from the Performer is owned by the Performer who created it.

  2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site; and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

  3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, or otherwise) that you make or send to any Performer, including information concerning any Recipient; and (ii) any submission that you make to the Site, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. The Site will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.

  4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.

  5. The Site desires to avoid the possibility of future misunderstandings if a project developed by any performer (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that the Site has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to the Site a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

  6. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.

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ACKNOWLEDGEMENT
You acknowledge and agree that:

  1. The Site will not be liable or responsible for any Content or other offering requested by you or any Submission (defined below) you make;

  2. you have no expectation of privacy with respect to any Content requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;

  3. the Steve Holmes watermark must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Content or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of any Content or assist or encourage any third party to do so;

  4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any Content, or other offering under these Terms terminates and you must: promptly remove all copies of any Content, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and

  5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by the Performer; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in the Site's sole discretion, including terminating your license to use any Content or other offering under these Terms.

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PURCHASING CONTENT AND SUBSCRIPTIONS

Purchases of content can be made by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers or other payment processors. By purchasing Content on the Site, you hereby consent to and agree to abide by such third-party Internet payment service providers’ or payment processors’ customer terms and conditions, and policies, and understand that we have no control whatsoever on such customer terms and conditions, and policies. If you cannot agree to such third-party internet payment service providers’ or payment processors’ customer terms and conditions or policies, do not purchase Content from the Site.

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Purchases of content such as shout outs and custom videos are payable in advance. We reserve the right to change Content prices at any time at our sole discretion and without liability to you. Any purchased Content will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these Terms of Services.

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NO REFUNDS

PAYMENTS ARE NONREFUNDABLE. In the event we terminate your rights to use any of the Site because of a breach of these Terms of Service, you shall not be entitled to the refund of any fees. We reserve the right (but not the obligation) to refund the purchased amount if there is a technical error with respect to the purchased Content; this is to be determined by us in our sole discretion.

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At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers or to purchasers of Content. The amount and form of such credits, and the decision to provide them, are in our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

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CARDHOLDER DISPUTES/CHARGEBACKS

All chargebacks are thoroughly investigated and disputed and may prevent future purchases with our third-party Internet payment service providers given the circumstances. Fraud claims may result in our third-party Internet payment service providers contacting your card issuer to protect you and prevent future fraudulent charges to your payment method.

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SITE ACCESS AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any of the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

· making all arrangements necessary for you to have access to the Site, and

· ensuring that all persons who access any of the Site through your internet connection are aware of these Terms of Service and comply with them.

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COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:

  1. your address, telephone number, and email address;

  2. a description of the work that you claim is being infringed;

  3. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

  4. 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.”;

  5. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

  6. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

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Copyright Agent:

Agency Bardo

pr [at] agencybardo [dot] com

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