Massive Miracle (“Service”) allows you (“Creator”) to display, share or otherwise distribute your Content. If you do not agree to these Terms, you may not access or use this site (“Service”). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
YOUR USE OF SERVICE
In order to use the Service and be a Creator, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to the Site is true, accurate, and complete, and you agree to keep it that way at all times.
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law.
The following restrictions apply to your use of the Service.
You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from the Service and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines or (b) with the Service’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- run contests on or through the Service
- use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
- engage in illegal activity
Using the Service does not give you ownership of or rights to any aspect of the Service, including usernames or any other Content posted by others or the Service.
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, the Service or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. The Site is under no obligation to host or serve Content. You retain ownership rights in your Content. However, we do require you to grant certain rights to Massive Miracle and other users of the Service, as described below.
By providing Content to the Service, you grant to Massive Miracle a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Massive Miracle’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Massive Miracle may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
You may remove your Content from the Service at any time.
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to the Service, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for the Service or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, the Service or our Affiliates.
OWNERSHIP OF THIS SITE AND ITS CONTENT
The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.
Creator will be compensated by Massive Miracle based on the number of views garnered on Creator’s video submissions. Massive Miracle will remit $0.0020 USD per view, which will be paid to Creator every three (3) calendar months via check. The check will be mailed to the address currently on file with Massive Miracle, as supplied by Creator.
CONTENT SUBMISSION, CONTENT MANAGEMENT
In order to submit content, Creator will create a free account on the Site at [link]. At the time of creation, Creator will choose their account, which are as follows:
Creators who engage in a Video Contributor account will be authorized by Site to upload video content only to Massive Miracle Site.
Creators who engage in Article Contributor membership will be authorized by the site to upload articles only to Massive Media Site.
Upon uploading content to the Site, it will be submitted for approval by Massive Miracle. Massive Miracle will determine whether to approve the content or not.
Creators are permitted to get personal sponsorships when creating content for upload if such content does not violate the policies outlined within.
Any violation of these terms by Creator may result in the suspension or termination of Creator’s account.
Massive Miracle and its affiliates respect the intellectual property of others. Massive Miracle and Creator will comply with DMCA takedown procedures as outlined on Massive Miracle’s Site Terms of Service.
You agree to defend, indemnify and hold Massive Miracles and its officers, directors, employees and representatives harmless from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses (including but not limited to attorney's fees and costs of investigation) due to or arising from (i) your use of the Service and all activity under your account and/or related to your Content, (ii) your violation of any term of these Terms, (iii) any claim by a third party of infringement of any third party right, including but not limited to any copyright or other intellectual property right, property right or privacy right, by you or your Content in accordance with the terms of this Agreement; or (iv) any claim that the Content has caused any damage to a third party (including but not limited to claims that the Content has caused damage to any personal rights).
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
The term “Content” refers to all of the software and codes comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The terms “Massive Media,” “we,” “us,” and “our” refer to Previl Corporation dba Massive Miracle.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website, application or service owned by Previl Corporation on which these Terms are posted.