TERMS OF USE
BAYSIDE USA, LLC PROVIDES THE FLOORTUBE.COM SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BAYSIDE USA, LLC RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. WEBSITES
1.1 These Terms of Service apply to all users of the website FLOORTUBE.COM, any other Bayside USA, LLC website, and any affiliated websites (collectively "FLOORTUBE.COM"). FLOORTUBE.COM may contain links to third party websites that are not owned or controlled by Bayside USA, LLC. Bayside USA, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
1.2 In addition, Bayside USA, LLC will not and cannot censor or edit the content of any third-party site. By using FLOORTUBE.COM, you expressly relieve Bayside USA, LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the FLOORTUBE.COM website and to read the terms and conditions and privacy policy of each other website that you visit.
1.3 Bayside USA, LLC has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:
http://www.floortube.com/privacypolicy.html
Your use of FLOORTUBE.COM signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Bayside USA, LLC may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the terms of use; and respond to claims from third-parties.
2. INTELLECTUAL PROPERTY INFORMATION
2.1 With the exception of “Third Party Submissions” (defined below), all content on the FLOORTUBE.COM website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Bayside USA, LLC. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through FLOORTUBE.COM is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Bayside USA, LLC.
2.3 You further agree not to reproduce, duplicate or copy Content from FLOORTUBE.COM without the express written consent of Bayside USA, LLC, and agree to abide by any and all copyright notices displayed on the FLOORTUBE.COM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in FLOORTUBE.COM. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of FLOORTUBE.COM.
3. WARRANTY DISCLAIMER
3.1 THIS SITE, INCLUDING ANY CONTENT THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
3.2 BAYSIDE USA, LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
3.3 Although Bayside USA, LLC attempts to ensure the integrity and accurateness of FLOORTUBE.COM, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that FLOORTUBE.COM could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Bayside USA, LLC so that it can be corrected.
4. WEBSITE ACCESS
4.1 Bayside USA, LLC grants you a limited, revocable, nonexclusive license to access FLOORTUBE.COM for your own personal use.
4.2 In order to access some features of FLOORTUBE.COM, you will have to create an account. You may never use another's account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bayside USA, LLC immediately of any breach of security or unauthorized use of your account. Although Bayside USA, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bayside USA, LLC or others due to such unauthorized use.
4.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses FLOORTUBE.COM. You agree not to collect or harvest any personally identifiable information, including account names, from FLOORTUBE.COM, nor to use the communication systems provided by FLOORTUBE.COM for any commercial solicitation or illegal or improper purposes.
4.4 Notwithstanding the foregoing, Bayside USA, LLC grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Bayside USA, LLC reserves the right to revoke these exceptions either generally or in specific cases.
4.5. Termination of Service: You agree that Bayside USA, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of FLOORTUBE.COM (or any part thereof), immediately and without notice, and remove and discard any content within FLOORTUBE.COM, for any reason, including, without limitation, if Bayside USA, LLC believes that you have acted inconsistently with the letter or spirit of the terms of use. Further, you agree that Bayside USA, LLC shall not be liable to you or any third-party for any termination of your access to FLOORTUBE.COM. Further, you agree not to attempt to use FLOORTUBE.COM after said termination.
5. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES
5.1 The FLOORTUBE.COM website may permit the submission of text, audio, video, or other content submitted by you and other third parties such as our flooring partners (“Third Party Submission(s)”) and the hosting, sharing, and/or publishing of such Third Party Submissions.
5.2 Third Party Submissions include, but are not limited to, blog postings, comment postings, forum postings, and any other interactive area of FLOORTUBE.COM.
5.3 By posting, submitting or uploading Third Party Submissions to any area of FLOORTUBE.COM, you automatically grant, and you represent and warrant that you have the right to grant, to Bayside USA, LLC an irrevocable, perpetual, non-exclusive, fully paid, sublicenseable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to FLOORTUBE.COM, you automatically grant Bayside USA, LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.
5.4 You acknowledge that the interactive features on FLOORTUBE.COM are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to FLOORTUBE.COM. FLOORTUBE.COM cannot guarantee the security of any information you disclose through FLOORTUBE.COM; you make such disclosures at your own risk.
5.5 By posting Third Party Submissions to FLOORTUBE.COM or by using a forum, blog, commenting feature, or other interactive area of the website, you specifically agree to comply with each of the following:
5.5.1. You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
5.5.2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
5.5.3. You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to end users any required terms.
5.5.4. You will not post or transmit any material that is: is false, deceptive, misleading, or deceitful.
5.5.5. You will not post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
5.5.6. You will not post or transmit any material that deceptively impersonates any person or entity.
5.5.7. You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly answers a user’s question.
5.5.8. You will not post or transmit any software or computer files that contains maleware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious and unrequested software, computer code, or file.
5.5.9. No material may be submitted that is intended to promote or commit an illegal act.
5.5.10. Your username or the material you submitted is not named in a manner that misleads your readers into thinking that you are another person or company.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by FLOORTUBE.COM.
5.6 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to FLOORTUBE.COM on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access FLOORTUBE.COM to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Bayside USA, LLC.
5.7 Bayside USA, LLC reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
5.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through FLOORTUBE.COM. You acknowledge that any information you disclose through FLOORTUBE.COM becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information in a forum. Any such disclosures are at your own risk.
5.9 FLOORTUBE.COM does not prescreen Third Party Submissions submitted and FLOORTUBE.COM has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, blogs, comments and forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. FLOORTUBE.COM may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any FLOORTUBE.COM forum.
5.10 You acknowledge that by participating in any interactive area, blog, comment section, or forum on this website, you are granting FLOORTUBE.COM the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to FLOORTUBE.COM, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
5.11 Account registration and verification may be required in order to access an interactive area or otherwise post Third Party Submissions. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to FLOORTUBE.COM, you are required to update that information immediately.
5.12 If you post Third Party Submissions, including the creation of a blog, on the FLOORTUBE.COM, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Bayside USA, LLC of any unauthorized uses of your blog, your account or any other breaches of security. Bayside USA, LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
5.13 You must not describe or assign keywords to your Third Party Submissions, including blogs, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bayside USA, LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bayside USA, LLC liability.
6. LIMITS ON THIRD PARTY SUBMISSIONS - DIGITAL MILLENNIUM COPYRIGHT ACT
6.1 You understand that when using the FLOORTUBE.COM website, you will be exposed to Third Party Submissions from a variety of sources, and that Bayside USA, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party 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 Bayside USA, LLC with respect thereto, and agree to indemnify and hold Bayside USA, LLC, 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.
6.2 Bayside USA, LLC does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Bayside USA, LLC expressly disclaims any and all liability in connection with Third Party Submissions. Bayside USA, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Bayside USA, LLC will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Bayside USA, LLC reserves the right to remove Content and Third Party Submissions without prior notice.
6.3 Bayside USA, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Bayside USA, LLC will remove all Content and Third Party Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Bayside USA, LLC reserves the right to remove Content and Third Party Submissions without prior notice.
6.4 If you are a copyright owner or an agent thereof and believe that any Third Party 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):
• 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 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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.
Bayside USA, LLC designated Copyright Agent to receive notifications of claimed infringement is:
Weide & Miller, Ltd.
Attn: Mark Borghese
7251 W. Lake Mead, Suite 530
Las Vegas, NV 89128
Fax: (702) 382-4805
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FLOORTUBE.COM. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6.5 Counter-Notice. If you believe that your Third Party 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 Third Party Submission, you may send a counter-notice containing the following information to the 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 mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, 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, FLOORTUBE.COM 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 Bayside USA, LLC sole discretion.
7. Indemnity
7.1 You agree to defend, indemnify and hold harmless Bayside USA, LLC, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a. your use of and access to the FLOORTUBE.COM website;
b. your participation in any interactive area of the FLOORTUBE.COM website including the forums, blogs, and comment sections and any material posted by you thereto.
c. your violation of any term of these Terms of Service;
d. your violation of any third party right, including without limitation any copyright, property, or privacy right;
e. any claim that one of your Third Party Submissions caused damage to another third party.
7.2 This defense and indemnification obligation will survive these Terms of Service and your use of the FLOORTUBE.COM website.
8. Advertising Services / Payment Terms / Electronic Signatures
8.1 Advertising Services: We may charge a fee to post content or material in some areas of FLOORTUBE.COM including company listing sections, advertising sections, custom domain and website areas, as well as and other areas inside or outside of FLOORTUBE.COM (“Advertising Services”). The fee is an access fee permitting the content or material to be posted in a designated Advertising Service area. Each party posting content or material to a Advertising Service area is responsible for said content and compliance with these terms of use.
8.2 Our Performance:
a. We are only obligated perform Advertising Services after (i) these Terms of Use are consented to and e-signed; (ii) payment is processed; and (iii) a Customer Questionnaire is completed.
b. If our performance is interrupted or delayed by (i) any non-performance, underperformance, service interruption, or mistakes on the part of any third party provider; (ii) an act of God; (iii) by acts of war, riot, terrorism, or civil commotion; (iv) by an act of State; (v) by fire, flood; or (vi) by the occurrence of any other event beyond the control of us, we shall be excused from our obligations for such period of time as is reasonably necessary after such occurrence abates.
8.3 Your Representations / Indemnifications:
a. You represent and warrant to us that you possess all intellectual property rights necessary for us to use the text, graphics, photos, designs, trademarks, artwork and any other material (“Advertising Material”) you furnish to us. You represent and warrant to us that our use of the Advertising Material will not violate the rights of any third party.
b. You grant us the right to use the Advertising Material for your Advertising Services as well as for our promotional purposes and/or for cross promotional services. You further grant us the right to list, reference or otherwise identify you as a client of ours in our advertising and marketing.
c. By furnishing us Advertising Material, you agree to defend, indemnify and hold harmless Bayside USA, LLC, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising our of our use of the Advertising Material.
8.4 Method of Payment: By requesting Advertising Services, you authorize us to charge any amounts payable by you by one of the following methods: automatically by credit card, debit card or e-check. By providing us credit card, debit card or e-check information you authorize your card issuer, bank or financial institution to charge or debit your corresponding account for all charges arising from the Advertising Services. You authorize us on a monthly basis to automatically charge the credit card account, or to deduct from the debit card account, for payment of all sums due each month to us. If we make other billing options available, you agree to abide by terms and conditions applicable to those options. We reserve the right to terminate your Advertising Services without further notice due to reversals of payments, insufficient funds, or for any other abuses related to your card account.
8.5 Cancelation: Advertising Services which last for less than six (6) months may not be cancelled and all contracts must be completed as agreed. Advertising Services which last for more than six (6) months may only be canceled after completing six (6) months of the contract period and providing us thirty (30) days advance notice in writing of your intent to cancel the remainder of the contract.
8.6 Breach: If you fail to pay us any amount when it is due for Advertising Services, or if you otherwise breach any other promise or obligation related to Advertising Services under this Agreement you agree to pay all reasonable costs, including but not limited to reasonable attorneys’ fees, incurred by us (i) in connection with the collection of any amount due us under this Agreement, whether or not any arbitration, litigation, or similar proceedings are initiated; and (ii) in protecting ourselves from any loss, harm, or risk relating to any breach of this Agreement.
8.7 No Assignment / Resale: Advertising Services may not be assigned, resold, or transferred by you in whole or in part.
8.8 Removal of Advertising: Advertising may be removed at any time should a company, or any employee, contractor, representative or agent of a company violate these terms of use. Companies whose Advertising Services are removed under this paragraph forfeit all advertising money paid as liquidated damages and have no right to seek a refund or reimbursement. The imposition of liquidated damages in this paragraph in no way limits Bayside USA, LLC’s ability to seek actual damages.
8.9 Web site products: If the Advertising Service you have ordered involves Bayside USA, LLC creating or hosting your web site, you are responsible for the domain name, paying all applicable domain name fees, and paying all domain name renewal fees. You are also responsible for all content you provide Bayside USA, LLC or content you post on said domain. Please be aware, that upon termination of any hosting services, the content of the website will not be accessible.
8.10 Advertising Service Terms: The term of any Advertising Service commences on the date of your order and continues for the initial term specified in the order. Unless otherwise provided in the order, upon expiration of the initial term, the term of the order shall automatically renew for a renewal term unless you notify us of your intent not to renew at least thirty (30) days before expiration of the initial term. Renewal terms will also likewise automatically renew. All services provided during any renewal term will be subject to the then-current terms and pricing the Advertising Service(s).
8.11 Web Traffic Enhancement: If the Advertising Service you have ordered involves search engine optimization (“SEO”) or other web traffic enhancement, we only provide information and recommendations to improve your web traffic. We do not make any changes to your website. If you decide to implement any suggested changes, you are responsible for making the changes.
8.12 Electronic Signatures: Products and services, including Advertising Services, are often ordered from Bayside USA, LLC electronically or over the phone. When ordering a product, your electronic signature, click-through acknowledgement, check-box acknowledgement, or oral acknowledgement shall be identical to a written signature acknowledgement and shall bind you to the terms and conditions of the order. Any order made orally or electronically shall be interpreted as a written agreement as evidenced by the paper or electronic receipt retained by Bayside USA, LLC.
9. Governing Law / Disputes
9.1 You agree that: the FLOORTUBE.COM website shall be deemed solely based in the State of Nevada;
9.2 The FLOORTUBE.COM website shall be deemed a passive website that does not give rise to personal jurisdiction over Bayside USA, LLC, either specific or general, in jurisdictions other than Nevada.
9.3 Governing Law: This Agreement will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
9.4 Disputes: Any dispute, claim or controversy arising out of or relating to the FLOORTUBE.COM website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay its counsel fees and expenses.
9.5 Damages: We will not be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the FLOORTUBE.COM website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
10. Assignment / Modification
10.1 Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bayside USA, LLC without restriction.
10.2 Modification: We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms of use at: http://www.FLOORTUBE.COM/termsofuse.html
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The FLOORTUBE.COM Website is not intended for children under 13. If you are under 13 years of age, then please do not use the FLOORTUBE.COM website.
12. Consent
By using FLOORTUBE.COM in any way you are agreeing to comply with the these terms of use. In addition, when using a particular FLOORTUBE.COM service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the terms of use, any guidelines, or any subsequent modifications thereto or become dissatisfied with FLOORTUBE.COM in any way, your only recourse is to immediately discontinue use of FLOORTUBE.COM.