TERMS OF USE
1. Your Acceptance
By using or visiting the Expos Platinum Colosseum website or any Expos Platinum Colosseum products, software, servers, data, and services provided to you on, from, or through the Expos Platinum Colosseum website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Use”). If you do not agree to these terms, please do not use the Service. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version on our site www.exposplatinum.com. Expos Platinum Colosseum may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms Of Use shall be deemed to confer any third-party rights or benefits.
2. Service
These Terms Of Use apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Expos Platinum Colosseum, including but not limited to all products, software and services offered via the Expos Platinum Colosseum website, such as the Expos Platinum Colosseum channels, the Expos Platinum Colosseum “Media Player,” the Expos Platinum Colosseum “Up loader” and other applications.
The Service may contain links to third party websites that are not owned or controlled by Expos Platinum Colosseum. Expos Platinum Colosseum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Expos Platinum Colosseum will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Expos Platinum Colosseum from any and all liability arising from your use of any third-party website.
3. Expos Platinum Colosseum Accounts
In order to access the features of the Service, you will have to create an Expos Platinum Colosseum user account. You may never use another’s account without permission. When creating your account, you must use your real name and information. Also you must provide accurate and truthful information about yourself too. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Expos Platinum Colosseum immediately of any breach of security or unauthorized use of your account.
Although Expos Platinum Colosseum will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Expos Platinum Colosseum or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Expos Platinum Colosseum hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:
4.1. You agree not to distribute in any medium any part of the Service or the Content without Expos Platinum Colosseum prior written
authorization, unless Expos Platinum Colosseum makes available the means for such distribution through functionality offered by the Service.
4.2. You agree not to alter or modify any part of the Service.
4.3. You agree not to access Content through any technology or means except explicitly authorized means Expos Platinum Colosseum will designate through functionality offered by the Service.
4.3. You agree not to bully, harass, or intimidate any user.
4.4. You agree not to have more than one personal account.
4.5. You will not use Expos Platinum Colosseum if you are under age 13.
4.6. You will not use, or post nudity, pornographic, hate speech, threatening, incite violent, or graphic violent.
4.7. All purchase or sales of products and services made through the Expos Platinum Colosseum are final, and there will be no refund or exchange.
5. Self-Servicing Commercial Advertising and The Expos Platinum Colosseum Stage, and/or The Online Store
5(a.) Self-Servicing Advertising
5(a).1. If you use the Self-Servicing Advertisement service, you agree not to use profanity, nudity, or pornographic in your advertisement campaigns.
5(a).2. If you violate paragraph 5(a).1. above you agree to have your campaign ad deleted immediately without notice and you forfeit your advertising fees you paid.
5(a).3. If you use the Self-Servicing Advertisement service, you agree to paid your advertising fee and to have your ad campaign reviewed before it is displayed. Also, a review may take up to 7 business days or less.
5(b.) The Expos Platinum Colosseum Stage, and/or The Online Store
5(b).1. If you use your Expos Platinum Colosseum Stage, and/or the Online Store you agree not to use it for adult entertainment pornographic).
5(b).2. If you violate paragraph 5(b).1. above you agree to have your event and/or store cancelled immediately without notice and you forfeit all fees you paid and/or all proceeds to be paid to you
5(b).3. If you use your Expos Platinum Colosseum Stage, and/or The Online Store you agree to pay all fees and to have your event reviewed before it is booked to show. Also, a review may take up to 7 business days or less.
5(b).4. If you sold products through the Online Store, and/or charge admission to your event, and ticket sales were sold through The Expos Platinum Colosseum Box Office.
5(b).4.1. Income Paid To An United States Citizen, Or A Legalized Documented Immigrant, Or U.S. Resident Entity.
5(b).4.2. If you sold products through The Online Store, and/or you charge admission to your event, you agree to submit to us for tax purposes a signed and completed W-9 form, in order for Expos Platinum Colosseum to pay you the Event proceeds owed to you, and/or The Online Store proceeds owe to you. (You can download this form from within side your Expos Platinum Colosseum User Account under Tax Documents. Also, after you have completed and signed your W-9 form you can email it back to us at customerservice@exposplatinum.com.
5(b).4.3. Expos Platinum Colosseum at the end of the year will give to you a 1099 form, to be filed on your U.S. tax return, which will reflect all of the Events funds, and/or The Online Store funds paid to you during that year. (You may be able to download your 1099 form,from within side your User Account at the end of the year).
5(b).4.4. Income Paid To A Citizen, Or Entity of any Country, other than the United States.
5(b).4.4.0. If you sold products through The Online Store, and/or you charge admission to your Event, you agree that you are doing business in your Country using these services, and not in the United States; in order for Expos Platinum Colosseum to pay you the Event proceeds owed to you, and/or the Online Store proceeds owed to you
5(b).6. You agree you are an Independent Contractor, and not an employee or owner of Expos Platinum Colosseum. You are responsible for All your expenses including self-employment taxes.
5(b).7. Also, you agree that regulatory fees and certain other costs, including sales tax if applied will be subtracted from your gross event proceeds, and the remaining balance will be paid to you. Expos Platinum Colosseum will charge a fee of 20% plus .30 cent on each transaction receipt. If sale tax is applied there will be a separate 10% charge added to the sales price to be paid by the purchaser of the product.
5(b).8 All payments to you may take up to 7 business days or less and you must have a pay pal account.
6. Software Applicable
6.1. If you use the embeddable player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Expos Platinum Colosseum website.
6.2. If you use the Expos Platinum Colosseum software, you agree that it may automatically download and install updates from time to time from Expos Platinum Colosseum. These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Expos Platinum Colosseum to deliver these to you) as part of your use of the software.
6.3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Expos Platinum Colosseum servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Expos Platinum Colosseum grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Expos Platinum Colosseum reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
6,4. In your use of the Service, you will comply with all applicable laws. rules, regulations including both state and federal.
6.5. Expos Platinum Colosseum reserves the right to discontinue any aspect of the Service at any time.
7. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
7.1 The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Expos Platinum Colosseum, subject to copyright and other intellectual property rights under the law.
7.2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms Of Use. You shall not download any Content unless you see a “download” or similar link displayed by Expos Platinum Colosseum on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Expos Platinum Colosseum or the respective licensors of the Content. Expos Platinum Colosseum and its licensors reserve all rights not expressly granted in and to the Service and the Content.
7.3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
7.4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Expos Platinum Colosseum is not responsible for the accuracy, usefulness, safety, or intellectual property rights 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 Expos Platinum Colosseum with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Expos Platinum Colosseum, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
8. Your Content and Conduct
8.1. As an Expos Platinum Colosseum account holder, you may submit Content to the Service, including videos and user comments. You understand that Expos Platinum Colosseum does not guarantee any confidentiality with respect to any Content you submit.
8.2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Expos Platinum Colosseum all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.
8.3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Expos Platinum Colosseum, you hereby grant Expos Platinum Colosseum a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Expos Platinum Colosseum(and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms Of Use. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Expos Platinum Colosseum may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
8.4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Expos Platinum Colosseum all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material in any form that is contrary to the Expos Platinum Colosseum.
8.5. Expos Platinum Colosseum does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Expos Platinum Colosseum expressly disclaims any and all liability in connection with Content. Expos Platinum Colosseum does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Expos Platinum Colosseum will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Expos Platinum Colosseum reserves the right to remove Content without prior notice.
9. Account Termination Policy
9.1. Expos Platinum Colosseum will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer,
9.2. Expos Platinum Colosseum reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Expos Platinum Colosseum may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Use.
10. Digital Millennium Copyright Act
10.1. If you are a copyright owner or an agent thereof and believe that any 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.
10.2. Expos Platinum Colosseum Designated Copyright Agent to receive notifications of claimed infringement is Jerry Hall, P.O Box 321601 Birmingham, Al 35232, email: copyright@expos-pc.com, fax: 866-633-4289. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Expos Platinum Colosseum customer service through customerservice@expos-pc.com. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
10.3. Counter-Notice. If you believe that your Content 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 material in your Content, 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
United State Federal District Court For The Northern District Of Southern Alabama and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
10.4. If a counter-notice is received by the Copyright Agent, Expos Platinum Colosseum 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 Expos Platinum Colosseum sole discretion.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPOS PLATINUM COLOSSEUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. EXPOS PLATINUM COLOSSEUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. EXPOS PLATINUM COLOSSEUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXPOS PLATINUM COLOSSEUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL EXPOS PLATINUM COLOSSEUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EXPOS PLATINUM COLOSSEUM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Expos Platinum Colosseum from its facilities in the United States of America. Expos Platinum Colosseum makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Expos Platinum Colosseum, officers, directors, employees, agents, affiliates, and/or assigns, whether past or present and/or in their individual or corporate capacity 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: (i) your use of and access to the Service; (ii) your violation of any term of these Terms Of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms Of Use and your use of the Service.
14. Ability to Accept Terms Of Use
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 Use, and to abide by and comply with these Terms Of Use. In any case, you affirm that you are over the age of 12, as the Service is not intended for children under age 13. If you are under 13 years of age, then please do not use the Service. There are lots of other websites for you. Talk to your parents about what sites are appropriate for you.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Expos Platinum Colosseum without restriction.
16. General
You agree that: (i) Expos Platinum Colosseum shall be deemed based in the United States in Alabama; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Expos Platinum Colosseum, either specific or general, in jurisdictions other than Alabama Terms Of Use shall be governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. Any claim or dispute between you and Expos Platinum Colosseum that arises in whole or in part from the Service shall be decided exclusively by U.S. Federal District Court for The Northern District of Southern Alabama.
These Terms Of Use, together with the Privacy Notice at on our site at www.exposplatinum.com and any other legal notices published by Expos Platinum Colosseum on the Service, shall constitute the entire agreement between you and Expos Platinum Colosseum concerning the Service. If any provision of these Terms Of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms Of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Expos Platinum Colosseum’’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Expos Platinum Colosseum reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms Of Use will signify your assent to and acceptance of its revised terms. YOU AND EXPOS PLATINUM COLOSSEUM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: April 30, 2020
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