Welcome to burn.network! In order for us present our videos for you all to see, it is important that we incorporate certain legal guidelines and ground rules to make sure everyone’s rights are respected and that we are doing what we can to foster an environment that protects content owner’s rights and your personal privacy.
5. User Conduct. You are solely responsible for your conduct on the Site. We want to keep the Site safe and fun for everyone and the use of the Site for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Site, you shall not:
6. Proprietary Rights.
7. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
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;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
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; and
A 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.
Written notification of claimed infringement must be submitted to the following Designated Agent:
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Burn customer service by sending an email to support@Burn. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid.
If you believe that your content 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 applicable law, to make such content available to Burn for use on the Site, you may send a counter-notice containing the following information to our Copyright Agent:
Your physical or electronic signature;
Identification 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;
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, Burn 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 or the 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 Burn’s sole discretion.
9. User Postings.
10. Account and Password. In order to access and use certain content, features, functionality and/or Site Services, we shall require you to register for the Site and have a unique username and password combination (collectively, a “User ID”). If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Site by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Burn of any unauthorized use of your User ID or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User ID, (ii) control access to your account, and (iii) cancel your account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Burn shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 10.
11. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Site or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
13. Orders for Products. We may make certain products available to Users of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent, warrant and agree that (a) you are 18 years of age or older and a resident of the U.S. and (b) you shall pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you make via credit, debit or charge card or other payment means acceptable to Burn concurrent with your online order. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.
17. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Postings and Content associated with your use of the Site.
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