BreakThisRecord.com Terms and Conditions of Use

THIS WEB SITE IS OWNED BY BreakThisRecord.com, Inc. ("BreakThisRecord"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.

1. BreakThisRecord Conditions of Use

BreakThisRecord reserves the right to make changes to these Terms and Conditions of Use at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by selecting the "Terms and Conditions of Use" hypertext link located at the bottom of our Web pages. It is your responsibility as a user of this Web Site to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the Web Site. Your continued use of this Web Site following any amendments will constitute agreement to such amendments.

2. Description of Services

BreakThisRecord.com offers fill in (describe your site, this can be essentially your "about breakthisrecord.com" paragraph.

3. Privacy

Your privacy is very important to us. Please see our Privacy Policy, by selecting the "Privacy Policy " hypertext link located at the bottom of our Web pages.

4. Your Account

We will do our best on our end to protect your privacy. But you have responsibilities too. If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

5. General Product and Service Warning

The products and services offered on this Web Site are for use under ordinary circumstances and conditions only. You should read the labels and other literature that come with any products sold on this Web Site and follow their instructions on proper use.

BreakThisRecord may run advertisements and promotions from third parties on the Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BreakThisRecord, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BreakThisRecord is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-BreakThisRecord advertisers on the Web Site.

6. User is Responsible for his or her own actions

All of the information, commentary and videos contained on this Web Site are being provided for entertainment purposes only. Any view, opinion and other information expressed in the videos and commentary thereto are those of the individual posting the content, and do not necessarily represent the views and opinions of BreakThisRecord.

This Web Site is intended to be entertaining. It is not intended to hurt any one. You are responsible for your own actions. You should act responsibly.

Please do not use alcohol in excess and do not provide alcohol to minors or animals. Please do not harm or humiliate anyone while filming your vides. Please take responsible care when conducing any potentially dangerous activity for inclusion in a video to ensure that no one is injured. This is not a sex site. Please avoid sexually explicit content and gratuitous profanity, and certainly do not involve minors in any inappropriate behavior. Please also avoid videos that contain acts that are illegal. We encourage you not to break any laws during the filming of your videos. We want to promote harmony among our users. Please do not include defamatory, racist, sexists or homophobic talk or behavior in your videos.

Please do not include any material in your video that you do not have permission to use (such as portions of commercial videos or films, commercially available music, and television clips.)

BreakThisRecord is not responsible for any damages or other harm caused by you while filming your videos or by the showing of your videos on this Web Site.

7. No Unlawful or Prohibited Use

BreakThisRecord offers these products and services to adults for use in the United States only. We believe that it is lawful for us to sell these products and services within the United States and that it is lawful for you to use these products in the United States.

BreakThisRecord does not sell products to children. We sell only to adults who can purchase with a credit card. If you are under 18, you may use this Web Site only with involvement of a parent or guardian, and you should use the products and services on this Web Site only under the supervision of your parent or guardian.

BreakThisRecord and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

8. Warranties and Disclaimers

a) BreakThisRecord attempts to provide information that is as accurate as possible. However, we do not warrant that product descriptions or other content of this Web Site is accurate, complete, reliable, current, or error-free. If a product or service offered by us is not as described or is defective, your sole remedy is to return the product in its unused condition, or to or stop using the service, and request a refund or exchange, at our option. We reserve the right to charge a handling and restocking fee for returned items.

b) THE WEB SITE, THE WEB SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

BreakThisRecord SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE WEB SITE EVEN IF BreakThisRecord has been advised of the possibility of such damages. BreakThisRecord DOES NOT REPRESENT OR WARRANT THAT WEB SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE WEB SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

BreakThisRecord will take reasonable steps to assure that its Web Site and servers are free of viruses, spyware, malware and other harmful components, but it is impossible to guarantee that the Web Site and servers will always be free of harmful components. Therefore BreakThisRecord DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads.

While BreakThisRecord endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not BreakThisRecord, and such contributions may be incomplete or may contain inaccuracies. BreakThisRecord is not responsible for errors or omissions in any information or materials contained on the Web Site. You should independently verify the accuracy of any information you obtain on the Web Site before using it. You agree to be solely responsible for your use of the content found on this Web Site, the Web Site Materials and the Services.

BreakThisRecord reserves the right to change any and all content contained in the Web Site and any Services offered through the Web Site at any time without notice.

c) IN NO EVENT SHALL BreakThisRecord OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WEB SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE Web SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BreakThisRecord OR THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BreakThisRecord'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF BreakThisRecord, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEB SITE OR THE WEB SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BreakThisRecord FOR ACCESS TO OR USE OF THE WEB SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

d) Other Rights. This warranty gives you specific legal rights. You may have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.

9. Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BreakThisRecord has adopted a policy of terminating, in appropriate circumstances and at BreakThisRecord's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BreakThisRecord may also at its sole discretion limit access to the Web Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: _______________

Full Address of Designated Agent to Which Notification Should be Sent: ______________________

Telephone Number of Designated Agent: ________________

Facsimile Number of Designated Agent: __________________

E-Mail Address of Designated Agent:

To be effective, a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:

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

(ii) 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.

(iii) 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.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

If you are a user who posted material that was removed in response to a notice of infringement, and you believe that the material was removed due to mistake, false statements or misidentification, you may request that we replace the posting by sending us a counter notice as follows.

To be effective, a counter notification must be a written communication provided to BreakThisRecord's designated agent listed above that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided copyright infringement notification in accordance with this paragraph or an agent of such person.

Any person who knowingly materially misrepresents under this section

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or false statement or misidentification,

shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Do not send any inquiries unrelated to copyright infringement to the contact listed above. You will not receive a response if you do.

10. Copyrights and Trademarks

Unless otherwise indicated, the Web Site and all content and other materials on the Web Site, including, without limitation, the BreakThisRecord logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Web Site Materials") are the proprietary property of BreakThisRecord or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Web Site. Such license is subject to these Web Site Terms and does not include or authorize: (a) any resale or commercial use of the Web Site or the Web Site Materials therein; (b) the distribution, public performance or public display of any Web Site Materials, (c) modifying or otherwise making any derivative uses of the Web Site and the Web Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Web Site, the Web Site Materials or any information contained therein, except as expressly permitted on the Web Site; or (f) any use of the Web Site or the Web Site Materials other than for its intended purpose. Any use of the Web Site or the Web Site Materials other than as specifically authorized herein, without the prior written permission of BreakThisRecord, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

"BreakThisRecord", "BreakThisRecord.com", "Can you Break This Record?" and the BreakThisRecord logo are trademarks of BreakThisRecord.com Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of BreakThisRecord or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing such trademarks without our prior written permission. In addition, the look and feel of the Web Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BreakThisRecord and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners.

12. Links to Third Party Sites

This Web Site may contain links to third party sites, such as the web sites of our suppliers. These web sites are not under the control of BreakThisRecord and BreakThisRecord is not responsible for the content of any linked web site. BreakThisRecord provides these links as a convenience to its customers, and the inclusion of any link does not imply endorsement of the linked web site by BreakThisRecord.

13. User Posted Content & Other Interactive Services or Areas

this paragraph You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to BreakThisRecord, or any postings on the Web Site, are non-confidential and shall become the sole property of BreakThisRecord. BreakThisRecord shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. or this paragraph If you post User Content to the Web Site, you grant BreakThisRecord and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant BreakThisRecord and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if we choose. The Web Site includes areas in which users may post content and information (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Web Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Web Site any of the following:
  1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Web Site Terms;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for commercial services or products;
  6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
  8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
  9. User Content that, in the sole judgment of BreakThisRecord, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web Site, or which may expose BreakThisRecord or its users to any harm or liability of any type; and
  10. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

Additionally, you agree not to:

  1. contact anyone who has asked not to be contacted or "stalk" or otherwise harass anyone;
  2. collect personal data about other users for commercial or unlawful purposes;
  3. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BreakThisRecord;
  4. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  5. attempt to gain unauthorized access to BreakThisRecord's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or the BreakThisRecord Web Site; or
  6. use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
  7. Threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.

BreakThisRecord takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BreakThisRecord liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, BreakThisRecord is not liable for any statements, representations, responses, comments or other User Content provided by its users. Although BreakThisRecord has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, BreakThisRecord reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Web Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Web Site in violation of the foregoing violates these Web Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Web Site.

14. Electronic Communications

When you visit our Web Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Indemnification

You agree to defend, indemnify and hold harmless BreakThisRecord, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Web Site or your use of or inability to use the Web Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Web Site Terms or your violation of the rights of any third party.

16. Law and Venue Applicable

By using this Web Site, you agree that this Web Site shall be deemed solely based in Washington and this Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over BreakThisRecord , either specific or general, in jurisdictions other than the state of Washington. You also agree that this Web Site is governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to principles of conflicts of laws, and that exclusive Venue and Jurisdiction for any action relating to this Agreement shall be properly laid in the Superior Court of Washington for King County, or in the United States District Court for the Western District of Washington at Seattle.

17. Severability

If the scope of any of the provisions of this Web Site Terms and Conditions Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties to this Web Site Terms and Conditions Agreement consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Web Site Terms and Conditions Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.

If any provision or any portion of any provision of this Web Site Terms and Conditions Agreement is held to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions hereof.

18. Termination

Notwithstanding any of these Web Site Terms, BreakThisRecord reserves the right, without notice and in its sole discretion, to terminate your license to use the Web Site, and to block or prevent your access to and use of the Web Site.