CODE 20 TERMS OF SERVICE

Introduction.

(A) Governing Terms.

This website, including the features and services available from the site such as RSS feeds, podcasts, news feeds, live streaming, embeddable video and other media transmission of any kind (collectively CODE20.com or Site) is an interactive on-line service operated by CODE20.com (hereinafter "CODE20.com or CODE 20). These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively Terms of Service) and the CODE20.com Privacy Policy, set forth the terms and conditions that apply to your use of CODE20.com. By using CODE20.com, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use CODE20.com.

(B) Changes to Terms of Service.

CODE 20 may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of CODE20.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

CODE20.com may change or discontinue any aspect, service or feature of CODE20.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Registration.

You may be given the opportunity to register via an online registration form to create a user account (your Account) that may allow you to receive information from CODE 20 and/or to participate in certain features on the Site such as certain Interactive Areas. CODE 20 will use the information you provide in accordance with the CODE20 Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that Code20.com may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

(E) Equipment.

You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of CODE20.com and all charges related to the same.

Community Guidelines & User Content

(A) Interactive Areas.

CODE20.com may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas) in which you may post or upload comments or user-generated content such as video, audio recordings, photos, messages, other materials or items (collectively, User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on CODE20.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and CODE 20.

(B) Community Guidelines.

If you submit any User Content or participate in an Interactive Area within or in connection with CODE20.com, you agree to abide by the following rules of conduct:

You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene;
You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
You agree not to upload, post or otherwise transmit, without CODE 20s's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
You agree not to impersonate any person or entity, including, but not limited to, any CODE 20 employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about CODE20.com users or posting private information about a third party;
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
You agree not to interfere with or disrupt CODE20.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of CODE20.com, use of CODE20.com, or access to CODE20.com;
You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, and right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by CODE 20, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on CODE20.com;
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by CODE20.com;
You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by CODE 20.
Any conduct that in CODE 20s sole discretion restricts or inhibits anyone else from using or enjoying CODE20.com will not be permitted. CODE 20 reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. CODE 20 is not responsible for User Content submitted to CODE20.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of CODE20.com

CODE 20 shall have the right, but not the obligation, to monitor User Content posted or uploaded to CODE20.com to determine compliance with these Terms of Service and any operating rules established by CODE 20 and to satisfy any law, regulation or authorized government request. Although CODE 20 has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to CODE20.com, CODE 20 reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to CODE20.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

(D) License to User Content.

By submitting User Content to CODE20.com, you automatically grant CODE 20 and its affiliates or subsidiaries, the royalty-free (*Subject to the payment terms and conditions contained herein), perpetual, irrevocable, exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide and the universe in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant CODE 20 the right to pursue at law any person or entity that violates your or CODE 20's rights in the User Content by a breach of these Terms of Service.

(E) Moral Rights.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by CODE 20 or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release CODE 20, CODE20.com, Upload News Now!, LLC and its licensees, successors and assigns, from any claims that you could otherwise assert against CODE 20 and CODE20.com by virtue of any such moral rights. These rights are subject to the provisions of paragraph 12 of this Terms of Service.

User Content submitted by you will be considered non-confidential and CODE 20 is under no obligation to treat such User Content as proprietary information except pursuant to the CODE 20 Privacy Policy. Without limiting the foregoing, CODE 20 reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. CODE 20 is under no obligation to offer you any payment (*Subject to the payment terms and conditions contained herein) for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to CODE 20. CODE 20 shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties (Subject to the payment terms and conditions contained herein and Users right to request attributable authorship in the event Users video or other media content is purchased by another entity for publication or other forms of re-broadcast)

CODE20.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of CODE20.com are copyrighted as a collective work under the United States copyright laws. CODE 20 and CODE20.com owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CODE 20 and CODE20.com. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Third Party Content.

CODE 20 is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of CODE20.com, are those of the respective author(s) or distributor(s) and not of CODE 20. Neither CODE 20 nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through CODE20.com represents the opinions and judgments of the respective user or information provider not under contract with CODE 20. CODE 20 neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on CODE20.com by any third party. Under no circumstances will CODE 20 or CODE20.com be liable for any loss or damage caused by your use or reliance on information obtained through CODE20.com. CODE 20 is not responsible for any actions or inaction on your part based on the information that is presented on CODE20.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CODE20.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Advertisements and Promotions

CODE 20 may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CODE 20, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CODE 20 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 third-party advertisers on the Site.

Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF CODE20.COM IS AT YOUR SOLE RISK. NEITHER CODE 20, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CODE20.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CODE20.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CODE20.COM.
(B) CODE20.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE (INCLUDING SMARTPHONE APPLICATIONS), IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) NEITHER CODE 20, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL CODE 20, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CODE20.COM OR THE CODE20.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CODE20.COM..
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CODE 20, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CODE20.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER CODE 20, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) CODE 20 disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing CODE20.com, you acknowledge and agree to CODE 20s disclaimer of any such liability. If you do not agree, you should not access or use CODE20.com.

Indemnification.

You agree to defend, indemnify and hold harmless CODE 20, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of CODE20.com by you or your Account.

Termination.

CODE 20 may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, CODE 20 shall have the right to immediately terminate your Account in the event of any conduct by you which CODE 20, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.

Trademarks.

CODE20 and CODE20.com, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on CODE20.com are the property of their respective owners.

Miscellaneous.

These Terms of Service and any operating rules for CODE20.com established by CODE 20 constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of CODE 20, CODE20.com, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Copyrights and Copyright Agent.

CODE 20 and CODE20.com respects the rights of all copyright holders and in this regard, CODE 20 has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CODE 20's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

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 copyright 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;
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 the complaining party;
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
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.
For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
Fierstadt & Mans, LLP
1100 E. Green Street
Pasadena, CA 91106
Phone: (626) 449-7379
Fax: (626) 585-8742

Payment for User Video & Authorship Thereto

CODE 20 is a unique Site that allows Users to upload video content that, once uploaded, becomes the sole and exclusive property of CODE 20 and CODE20.com in perpetuity. However, in the event User video is purchased by a third party or parties, CODE20 will compensate the User a one time fee of $20.00 (U.S. Dollars). CODE 20 at its sole discretion may store User video content for an indefinite period of time. CODE 20 and CODE20.com will compensate a User, as described herein, for a period of 365 days of the original uploaded video content. Following the 365 day period, CODE 20 and CODE20.com may distribute or sell the video or other media content without compensating the User.

The CODE20.com User shall be given full authorship rights to all video and other media content purchased by third parties. The Users name will appear on the video which may be seen, for example, on the National or Local news agencies broadcasts. In the event the User elects not to receive authorship credit, the CODE20.com User shall notify CODE20.com, in writing that said User elects to decline authorship.

The CODE20.com User shall cooperate and provide CODE 20 and CODE20.com all necessary information to comply with State and Federal Tax Laws as it relates to income paid to User in any tax year. Users should consult with a tax professional in this regard as CODE 20 and CODE20.com cannot provide tax advice to CODE20.com Users.

Association Agreement

Each CODE 20 User/Content provider/uploader (hereinafter CODE 20 User) hereby agrees to an association agreement with CODE 20 and CODE20.com. This agreement provides that said CODE 20 User cannot upload a portion of the video to CODE20.com, but rather the entire video event must be uploaded in its entirety. The User hereby agrees that said video cannot be uploaded to any other site. This reaffirms that once the video content is uploaded to CODE20.com it becomes the exclusive property of CODE 20 as previously described in the Terms of Service. CODE 20 Users are encouraged to have others view the content on CODE20.com once uploaded in an effort to promote the Site and the video event authored by the CODE 20 user.

These Terms of Service were last updated on January 22, 2012.