This Service allows you to create online buttons that use selected graphics available on our website and audio files accessible through a third party website at SoundCloud.com (the “Buttons”). Such Buttons are thereafter shared on a publicly accessible webpage under www.pushitrealgood.com. We want you to enjoy this Service and have fun. However, we expect users to follow certain rules and use good judgment at all times.
USE OF THE SERVICE.
Audio files are stored, controlled and managed through SoundCloud. You agree to comply with SoundCloud’s terms, policies and guidelines. You acknowledge that McKinney does not manage or control such audio files.
This Service enables you to access social media services in order to share your Button. You are solely responsible for complying all terms, conditions, policies and agreements of other services with which you use the Service, including but not limited to, social media services. By providing this Service, we do not represent or warrant that your use of the Service is in compliance with such other terms, conditions, policies and agreements, and you agree to independently ensure that your use of the Service does not cause you to be in violation of any obligation or applicable law.
PUBLICLY ACCESSIBLE AUDIO & LICENSE GRANTED BY YOU TO MCKINNEY.
When you create a Button, the Button will be available on a publicly accessible website that can viewed by anyone; not just you and those with whom you share your Push It Real Good link. In addition, we may choose to post selected Buttons in our gallery or otherwise share your Button. Therefore, you hereby grant McKinney a worldwide, royalty-free right and license to display, distribute, sublicense, modify or otherwise use your Button anywhere and through any medium. If you no longer wish to have your Button used in this way, then please follow the instructions below in the section entitled “Removing Your Button.”
ACCEPTABLE USE POLICY (“AUP”).
You are solely responsible for your Button that you post on the Service or transmit to other users and agree that you will not hold McKinney responsible or liable for any content from other users that you access on the Service. If you wish to remove your audio files, please visit SoundCloud and delete it from their database.
McKinney will make the sole determination as to whether or not your Button is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains content that: is defamatory, abusive, obscene, profane or offensive; infringes or violates another party's intellectual property rights; violates any party’s right of publicity or right of privacy; or is illegal or promotes any illegal activities.
You may not resell use of, or access to, the Service to any third party.
While we are under no obligation to monitor the content posted to the Service, we reserve the right to include or exclude any content in our absolute and sole discretion.
If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to McKinney at firstname.lastname@example.org.
TERMINATION OF ACCESS.
OUR PROPRIETARY RIGHTS.
REMOVING YOUR BUTTON.
If you no longer want your Button to appear on the Service, then please contact us at email@example.com, provide us with the unique URL where your Button appears and we will make reasonable efforts to remove such content as soon as possible. Please keep in mind that even though we may remove your Button from the Service, we have no control over third parties who may have copied and distributed your Button prior to us taking the content down. We are not responsible for, and you acknowledge that we have no responsibility for, the actions of any third parties. Removal of your Button from PushItRealGood.com does not result in removal of your audio file from SoundCloud.com.
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).
Any claims asserted by you in connection with the Service must be asserted in writing to McKinney within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(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 us to locate the material;
(iv) Information reasonably sufficient to permit us 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; and
(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.
All DMCA notices should be sent to our designated agent as follows:
McKinney & Silver, LLC
Attn: Joni Madison
318 Blackwell Street
Durham, NC 27701
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Should you have any questions you may contact us at firstname.lastname@example.org.