Our service, the Content and any other features, tools, blogs, applications, materials, or other services offered from time to time by PRESSUREDROP in connection with its business, however accessed, are referred to collectively as the "PRESSUREDROP Services". The Content is available for permissible viewing on or through the following (collectively, the "Properties"): www.PressureDrop.tv website (the "Company Site"); PressureDrop (the “App”); Company 's affiliate and distributor websites; Other websites where users or website operators are permitted to embed the Content; and Other Company authorized applications, features or devices.
PRESSUREDROP may amend these Terms at any time by posting the amended Terms in the App and on the Company Site. If we make a material amendment to these Terms, we will notify you by posting a notice of the amendment on the Company Site. Any material amendment to these Terms shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable. Your continued use of the PRESSUREDROP Services and Properties after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
III. Access and use of the PRESSUREDROP Services
If you are under the age of 13, then you are not permitted to register with PRESSUREDROP or use any feature or other part of the PRESSUREDROP Services that requires registration. You represent that you are at least 13 years of age if you are registering an account.
Subject to these Terms, Company grants you a limited, non-exclusive and nontransferable license to use the PRESSUREDROP Services on the Properties, and to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms.
App License Restrictions.
You shall not: copy the App, except as expressly permitted by this license; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App; reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. We reserve and shall retain our entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by PRESSUREDROP in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by PRESSUREDROP in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by PRESSUREDROP. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by PRESSUREDROP in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. You understand that when using PRESSUREDROP Services, you will be exposed to Content from a variety of sources, and that PRESSUREDROP is not responsible for the accuracy, usefulness, safety of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PRESSUREDROP with respect thereto regarding all matters related to your use of the PRESSUREDROP Services.
Internet Access Charges.
You are responsible for any costs you incur to access the internet. Embedding a Video. Where PRESSUREDROP has incorporated an embed option in connection with Content on the PRESSUREDROP Services, you may embed videos provided you do not embed the video on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to PRESSUREDROP (in PRESSUREDROP 's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the video into any hardware or software application, even for non-commercial purposes. PRESSUREDROP reserves the right to prevent embedding to any website or other location that PRESSUREDROP finds inappropriate or objectionable (as determined by PRESSUREDROP in its sole discretion).
You agree that PRESSUREDROP owns and retains all rights to the PRESSUREDROP Services and Properties. You further agree that the Content you access and view as part of the PRESSUREDROP Services may be owned or controlled by users and/or third parties. The PRESSUREDROP Services, Properties and the Content are protected by copyright, trademark, and other intellectual property laws. Your Responsibilities. You and other users must use the PRESSUREDROP Services and Properties for lawful, non-commercial, and appropriate purposes only. You agree to observe the PRESSUREDROP Services, Content, and embedding restrictions detailed above, and further agree that you will not access the Company Site, App or use the PRESSUREDROP Services in a way that:
A. violates the intellectual property rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
B. uses technology or other means to access, index, frame or link to the PRESSUREDROP Services (including the Content) that is not authorized by PRESSUREDROP (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the PRESSUREDROP Services);
C. involves accessing the PRESSUREDROP Services (including the Content) through any automated means, including "robots", "spiders", or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the PRESSUREDROP Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
D. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
E. damages, disables, overburdens, impairs, or gains unauthorized access to the PRESSUREDROP Services, including PRESSUREDROP's servers, computer network, or user accounts;
F. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the PRESSUREDROP Services (including the Content);
I. encourages conduct that would constitute a criminal offense or give rise to civil liability;
J. violates these Terms or any guidelines or policies posted by PRESSUREDROP;
K. interferes with any other party's use and enjoyment of the PRESSUREDROP Services; or
L. attempts to do any of the foregoing.
If PRESSUREDROP determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the PRESSUREDROP Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the PRESSUREDROP Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications.
No one may use the PRESSUREDROP Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section VI) or otherwise send spam, advertising, or other unsolicited communications of any kind through the PRESSUREDROP Services, you acknowledge that you will have caused substantial harm to PRESSUREDROP and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay PRESSUREDROP $50 for each such unsolicited communication you send through the PRESSUREDROP Services.
In order to participate in certain PRESSUREDROP Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
We may change, suspend, or discontinue - temporarily or permanently - some or all of the PRESSUREDROP Services (including the Content and the devices through which the PRESSUREDROP Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that PRESSUREDROP may do so in PRESSUREDROP 's sole discretion. You also agree that PRESSUREDROP will not be liable to you for any modification, suspension, or discontinuance of the PRESSUREDROP Services.
Internet Access Charges.
You are responsible for any costs you incur to access the internet.
IV. PRESSUREDROP Accounts and registration
We offer various features that require registration or the creation of an account with PRESSUREDROP. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any PRESSUREDROP representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Unauthorized Use. If you suspect any unauthorized use of your account, please notify us immediately. Also make sure to notify us if your registration information changes, in case we need to contact you.
Deactivation and Termination.
V. Collection and use of personal information
VI. User reviews, comments, and other material
As part of the PRESSUREDROP Services, users may have an opportunity to publish, chat, transmit, submit, or otherwise post (collectively, "Post") reviews, ratings, reactions to performances, comments, provide links to or embed videos, or other materials (collectively, "User Material"). In order to keep the PRESSUREDROP Services enjoyable for all of our users, you must adhere to the rules below.
User Material that you Post.
Please limit yourself to User Material directly relevant to the PRESSUREDROP Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that in order to post comments you will be required to login with your PRESSUREDROP Account and or Social Network Service account. Your posts will include your account name, which may include your first and last name. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant PRESSUREDROP the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. PRESSUREDROP will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that PRESSUREDROP does not guarantee any confidentiality with respect to any User Material.
PRESSUREDROP SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY USER MATERIAL THAT IS POSTED ON THE COMPANY SITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE WEB SITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO RESOLVE THE DISPUTE DIRECTLY WITH THE USER (OR THEIR AGENCY), AND HOLD HARMLESS THE COMPANY.
PRESSUREDROP does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and PRESSUREDROP expressly disclaims any and all liability in connection with User Material. PRESSUREDROP does not permit copyright infringing activities and infringement of intellectual property rights on the Company Site, and PRESSUREDROP will remove all User Material if properly notified as set forth herein that such infringes on another's intellectual property rights. PRESSUREDROP reserves the right to remove User Material.
Third Party Posts.
VII. Linked destinations and advertising
Third Party Destinations.
PRESSUREDROP is not responsible for the content or practices of any website or destination other than the Company Site and App, even if it links to the Company Site and even if the website or destination is operated by a company affiliated or otherwise connected with PRESSUREDROP. By using the PRESSUREDROP Services, you acknowledge and agree that PRESSUREDROP is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Company Site and App.
PRESSUREDROP takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the PRESSUREDROP Services are between you and the advertiser, and you agree that PRESSUREDROP is not liable for any loss or claim that you may have against an advertiser.
VIII. Trademarks and Copyrights
PRESSUREDROP, the PRESSUREDROP logo, and other PRESSUREDROP marks, graphics, logos, scripts, and sounds are trademarks and contain copyrighted material, authored and/or owned by PRESSUREDROP . None of the PRESSUREDROP trademarks and copyrights may be copied, downloaded, or otherwise exploited without permission.
IX. Unsolicited submissions
It is PRESSUREDROP 's policy not to accept unsolicited submissions, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. PRESSUREDROP 's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any PRESSUREDROP creative work would be purely coincidental.
X.Disclaimer of warranties, limitation of liability and indemnity
WHILE WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE OPTIMAL PERFORMANCE OF THE PRESSUREDROP SERVICES, YOU AGREE THAT USE OF THE PRESSUREDROP SERVICES IS AT YOUR OWN RISK. THE PRESSUREDROP SERVICES, INCLUDING THE COMPANY SITE, APP, AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRESSUREDROP DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE PRESSUREDROP SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE
IN NO EVENT SHALL PRESSUREDROP OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PRESSUREDROP SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE PRESSUREDROP SERVICES AND PROPERTIES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE PRESSUREDROP SERVICES AND PROPERTIES (INCLUDING YOUR USE OF THE CONTENT), YOUR VIOLATION OF ANY THIRD PARTY RIGHT, OR ANY CLAIM THAT YOUR USER MATERIAL CAUSES DAMAGE TO A THIRD PARTY. PRESSUREDROP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
XI. Notice and procedure for claims of copyright infringement
A.Digital Millennium Copyright Act (“DMCA”)
If you believe that any Content, User Material, or other material provided through the PRESSUREDROP Services, including through a link, infringes your copyright, you should notify PRESSUREDROP of your infringement claim in accordance with the procedure set forth below.
Attention: Copyright Agent DMCA COMPLAINTS
troublewith2 productions LLC
441 Victory Ave. Suite A
South San Francisco, CA 94080
B. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
C. Description of the copyrighted work that you claim has been infringed;
D. A description of where the material that you claim is infringing is located on the PRESSUREDROP Services that is reasonably sufficient to enable PRESSUREDROP to identify and locate the material;
E. How PRESSUREDROP can contact you, such as your address, telephone number, and email address;
F. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
If you believe that your User Submission that 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 the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
H. Your physical or electronic signature;
I. 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;
J. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
K. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, PRESSUREDROP 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, member or 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 PRESSUREDROP 's sole discretion.
XII. Arbitration of claims
At PRESSUREDROP, we expect that we will be able to resolve most issues you may have using the PRESSUREDROP Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and PRESSUREDROP agree to the following resolution process.
Arbitration hearings will be held in San Francisco County, California.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at:
troublewith2 productions, LLC.
Attn: Legal Department
441 Victory Ave. Suite A
South San Francisco, CA 94080.
We thank you in advance for understanding why it’s important that you and PRESSUREDROP agree on the process described in this Section.
XIII. General Information
PRESSUREDROP is based in the United States. PRESSUREDROP 's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where PRESSUREDROP does not have rights or does not offer services is prohibited.
Software and the transmission of applicable technical data, if any, in connection with the PRESSUREDROP Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law and Forum.
Integration, Amendment, and Severability.
Except as set forth in Section II above, these Terms may not be amended or varied except in a writing signed by PRESSUREDROP. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature.
IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE PRESSUREDROP SERVICES. YOUR USE WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS FROM THAT POINT FORWARD.