Superl8tive Terms of Service

1. Your Acceptance

A.By using and/or visiting this website (collectively, including all content and functionality available through the Superl8tive.com domain name "The Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Superl8tive.com's privacy policy, found at http://www.superl8tive.com/privacy and incorporated here by reference.

If you do not agree to any of these terms or the privacy policy, please do not use the Website.

B.We will attempt to notify you when major changes are made to these Terms of Service.

Potentialist LLC ("the Company") may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.

Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

2. Superl8tive Website

A.These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website.

B.The Website may contain links to third party websites that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

In addition, the Company will not and cannot censor or edit the content of any third-party site.

By using the Website, you expressly relieve the Company from any and all liability arising from your use of any third-party website.

C.Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Proprietary Rights in Content on the Website

All content on the Website, including but not limited to design, text, videos, graphics, results, compilations of individual data, other files, and their selection and arrangement (the "Content") either posted by the Company or by other users, are the proprietary property of the Company or its licensors.

All rights reserved

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.

You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.

Any other use of the Content is strictly prohibited.

By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information on or to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

4. Content Posted By Users

You are solely responsible for the videos and other content that you publish or display (hereinafter, "post") on or through the Website, or transmit to other Users (collectively the "User Content").

You understand and agree that the Company may review, edit or delete or remove any content that in the sole judgment of the Company violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.

The Company does not endorse and has no control over the Content.

Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company.

The Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

5. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please e-mail us at contactus@superl8tive.com and provide us with: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Website; 4. your address, telephone number, and e-mail address; 5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Disclaimers

The Company is not responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Web site, users, advertisers, partners, or by any of the equipment or programming associated with or utilized in the Website.

The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, from any Content posted on the Website or transmitted to other users, or any interactions between or among other users of the Website, whether online or offline.

Videos posted by users on the Website may contain links to other websites.

The Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company.

Inclusion of any linked website on Superl8tive.com does not imply approval or endorsement of the linked website by the Company.

When you access these third-party sites, you do so at your own risk.

The Company takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

The Website may be temporarily unavailable from time to time for maintenance or other reasons.

The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.

The Website, and the content are provided "AS-IS".

7. Limitation on Liability

You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

If you are dissatisfied with the Website, the materials available on the Website, or with any of these terms and conditions, the sole and exclusive remedy available to you is to discontinue using the Website.

Notwithstanding any other provision of this agreement, the Company's entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Website during the term of this agreement.

Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages.

8. Disputes

If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

Either the Company or you may demand that any dispute between the Company and you arising out of this agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in New York, New York.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

9. Indemnity

You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, contractors, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to, or relating to your use of the Website (including the Posting by you of any Content on the Website) in violation of this agreement and/or any other breach of this agreement by you and/or any breach of your representations and warranties set forth in this agreement.

Guidelines

The Company will not accept videos that include the following types of content:

  • pornographic or sexually explicit content
  • child exploitation
  • drug abuse
  • under-age drinking and smoking
  • animal abuse
  • acts of terrorism
  • graphic acts of physical violence
  • dead bodies
  • horrific accidents
  • spam
  • repetitive content

The Company enforces these guidelines by reviewing flagged videos.

Even though all of the above content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website.

If so, neither the Company, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure.

Although the Company cannot monitor the conduct of its users off the Website, it is a violation of this agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without the prior explicit consent of such user and the Company.