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1. All GoNogging (GoNogging Inc.) judgments are final. Both parties agree to the stated rules and regulations and are applied automatically when you participate on GoNogging as either a user requesting a digital content or a user producing digital content. GoNogging judgments are based on the concept that if a reasonable person reviews submitted content and determines that the content is “on topic” and that its production values are such that the content is clear and understandable then the content will be deemed to meet the requirements of the GoNogging request and the funds will be processed accordingly. Your content for sale and your request postings must be compatible and suitable for a mainstream audience. Adult, violent or hateful content will not be considered and will be automatically disqualified. Please don’t request or try any dangerous stunts or post requests or submit content based on shock value. GoNogging is not responsible for accidents or injuries.

2. GoNogging is not responsible for the sale of re-purposed digital content. GoNogging discourages and does not allow the sale of unauthorized or re-purposed digital content.

3. Content Producers must have all rights to any digital content that is uploaded and traded on GoNogging.

4. Content Producers are solely responsible for any and all digital content they submit or sell on GoNogging.

5. Content Producers understand and agree that all digital content submitted or sold on GoNogging is final and all rights to said material is transferred to the requester or buyer.

6. Users of GoNogging will not hold GoNogging liable for any transactions that are not satisfactory and/or any digital content that does not meet the standards and requirements set forth in the Rules and Regs.

7. Users of GoNogging agree that they are responsible for any content bought, requested or sold on GoNogging and that the user has followed and adhered to all local laws and municipalities and all copyright and patent laws were considered and understood in regards to any digital content. And all digital content bought, sold or requested on GoNogging by a user has had all contracts pertaining to said material completed and understood. The user has obtained personal releases for any persons participating in said digital content as a model or actor or in any capacity requiring that person’s permission.
8.   YOUR RESPONSIBILITY FOR USE OF YOUR ACCOUNT

You are responsible for all activity on your Account (including activities on any sub-accounts or any of the sub-accounts you may spin-off as a separate account). You must supervise the use of your Account by others including minors and teen-agers. You and your Account may be subject to disciplinary action or termination if your Account is used inappropriately.

You agree to comply with all applicable laws, rules and regulations regarding your membership and use of GoNogging Services. You agree to abide by the
GoNogging Community Guidelines and you acknowledge that GoNogging has the right to enforce them in its sole discretion. GoNogging may take any action against your
Account, ranging from a warning to termination, if you or anyone using your Account violates the GoNogging Community Guidelines or any other term of the GoNogging Terms and Conditions. GoNogging is not required to provide notice prior to terminating
your Account.

You agree to keep confidential the passwords associated with your Account and passwords that you use with all other GoNogging Services. You agree to indemnify and hold harmless GoNogging for losses incurred by GoNogging or another party due to someone else using your Account or password as a result of your failure to use reasonable care to keep your Account information confidential.

GoNogging is not responsible and is held harmless for any incidence or occurrence of computer hacking.


Patron Submissions

A. GoNogging Website may now or in the future permit the submission of videos or other communications submitted by you and other patrons ("Patron Submissions") and the hosting, sharing, and/or publishing of such Patron Submissions. You understand that whether or not such Patron Submissions are published, GoNogging does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Patron Submissions and the consequences of posting or publishing them. In connection with Patron Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GoNogging to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Patron Submissions to enable inclusion and use of the Patron Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Patron Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Patron Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your Patron Submissions. However, by submitting the Patron Submissions to GoNogging, you hereby grant GoNogging a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Patron Submissions in connection with the GoNogging Website and GoNogging's (and its successor's) business, including without limitation for promoting and redistributing part or all of the GoNogging Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GoNogging Website a non-exclusive license to access your Patron Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Patron Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a Patron Submission from the GoNogging Website.

C. In connection with Patron Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoNogging all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GoNogging or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. GoNogging does not endorse any Patron Submission or any opinion, recommendation, or advice expressed therein, and GoNogging expressly disclaims any and all liability in connection with Patron Submissions. GoNogging does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GoNogging will remove all Content and Patron Submissions if properly notified that such Content or Patron Submission infringes on another's intellectual property rights. GoNogging reserves the right to remove Content and Patron Submissions without prior notice. GoNogging will also terminate a Patron's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a Patron who has been notified of infringing activity more than twice and/or has had a Patron Submission removed from the Website more than twice. GoNogging also reserves the right to decide whether Content or a Patron Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GoNogging may remove such Patron Submissions and/or terminate a Patron's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any Patron Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) 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

(vi) 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.

E. You understand that when using the GoNogging Website, you will be exposed to Patron Submissions from a variety of sources, and that GoNogging is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Patron Submissions. You further understand and acknowledge that you may be exposed to Patron Submissions that are 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 GoNogging with respect thereto, and agree to indemnify and hold GoNogging, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
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