Terms of Service

Welcome to the Phenomclips website and thanks for accessing our services. The services on the Phenomclips website are provided by the owner Blurbshow, Inc. (Blurbshow).

1. YOUR ACCEPTANCE

1. Blurbshow.Inc. provides online video publishing services and online video search resources through its website Phenomclips.com. By using and/or visiting the website which includes all of the content and functionality available through the Phenomclips.com domain name, the "Phenomclips.com Website", or "Website ", you are agreeing to comply with the following Terms of Service

2. At the sole discretion of Blurbshow's Management, the following terms of Service can be modified or changed. Such changes or modifications will become effective immediately and you agree to be bound by them. You should periodically review the most current version available of the terms of service through the terms of service link on the Phenomclips.com website upon your visit to the website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. PHENOMCLIPS WEBSIITE AND CONTENT

1. These Terms of Service apply to all users of the Phenomclips.com Website, including users who also contribute content, information, and other materials or services on the Website. The Phenomclips Website includes all the parts of Phenomclips, including but not limited to all products, software and services offered via the website such as the Phenomclips sports video search tools, the Phenomclips "Video Player," the Phenomclips "Uploading Form" and other applications.

2. You understand that all videos, messages, text, sounds, files, images, photos, thumbnails, or other materials heretofore known as "Content" posted on, transmitted to, or linked from the Phenomclips website, are the sole responsibility of the person of whom such content originated. Specifically, you are solely responsible for each item ("item") of content that you post, email, or distribute, or otherwise make available via the website.

3. Blurbshow.com has no responsibility for any content, policies, or practices of any third-party websites that are linked to the Phenomclips website. In addition, Blurbshow will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Blurbshow from any and all liability arising from your use of any third-party website.

4. Although Blurbshow, Inc. administration will make every attempt to screen out profane, indecent, offensive, or otherwise objectionable content you understand that you may be exposed to such content via the website.

3. PHENOMCLIPS ACCOUNTS

1. In order to upload videos onto the website and access other features and functionality you will need to register and create an account on Blurbshow.com. You can not use another persons account without expressed permission. When creating your account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blurbshow immediately of any unauthorized use of your account or breach of security.

2. Although Blurbshow will not be liable in any way for any of the losses you may incur as a result of unauthorized use of your account, you may be liable for the losses of Blurbshow or others due to unauthorized use.

4. GENERAL USE OF THE WEBSITE - PERMISSIONS AND RESTRICTIONS

Blurbshow grants you a limited, nonexclusive, revocable license to access the Phenomclips website and use the Website as set forth in these Terms of Service, provided that:

1. You agree not to alter or modify any part of the Phenomclips Website, including but not limited to Phenomclips "video player" or any of its related technologies.

2. You agree not to access the Phenomclips Content through any technology or means other than the pages of the Website itself, the "Phenomclips video player", the "Phenomclips Search tools" or other explicitly authorized means Blurbshow may designate.

3. You agree not to use the Website, including the Phenomclips "video player" for any commercial use other than to share or promote your sports video through Phenomclips online sports video publishing service following the approval of Blurbshows administration. Prohibited commercial uses include any of the following actions taken without Blurbshow's express approval:

   • Sale of access to the Website or its related services such as the "Phenomclips Video Player" or "Phenomclips Search Tools" or "Phenomclips online sports video publishing service" on another website;
   • Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
   • Any use of the Website or its related services that Blurbshow finds, in its sole discretion, to use Phenomclips resources or "Content" with the effect of competing with or displacing the market for Phenomclips, Phenomclips content, or its advertisers.

4. Prohibited commercial uses do not include:

   • Registering an account and uploading videos to Phenomclips.com for the purpose of sharing your sports videos through Phenomclips online business video publishing service,
   • Using the email function to email videos to others. Using the "Phenomclips Video Player" to show Phenomclips videos on an ad-enabled blog or website, provided that the primary reason is not to use the "Phenomclips Video Player" to gain revenue or compete with Phenomclips;
   • any use that Blurbshow authorizes in writing.

5. If you use the Phenomclips Video Player on your website, you must include an obvious link back to the Phenomclips website on the pages containing the Phenomclips Video Player. Additionally, you may not modify, build upon, or block any portion of the "Phenomclips Video Player" in any way.

6. If you use the "Phenomclips Upload Application" you agree to allow Phenomclips to at times download and install updates from Phenomclips.com. These updates are designed to improve, enhance and further develop the "Phenomclips Upload Application" 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 Phenomclips to deliver these to you) as part of your use of the "Phenomclips Upload Application".

7. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers," that accesses the Website in a manner that sends more request messages to the Phenomclips.com 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, Blurbshow 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. Blurbshow 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 Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

8. In your use of the Phenomclips website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

9. Blurbshow reserves the right to discontinue any aspect of the Phenomclips.com Website at any time.

5. CONTENT

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Phenomclips.com Website.

1. The content on the Phenomclips.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features ("Content") and the like, the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Blurbshow, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Blurbshow reserves all rights not expressly granted in and to the Website and the Content.

2. You may access the content submitted by users on Blurbshow.com for your information and personal use solely as intended through the provided functionality of the Phenomclips Website. You shall not copy or download any content submitted by users unless you see a "download" or similar link displayed by Blurbshow on the Phenomclips.com Website for that user submission.

3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Phenomclips Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Phenomclips Website or otherwise as prohibited under this Agreement.

4. You may access Phenomclips Content, User Submissions and other content only as permitted under this Agreement.

5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Phenomclips Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Phenomclips Website or the Content therein.

7. You understand that when using the Phenomclips Website, you will be exposed to User Submissions from a variety of sources, and that Blurbshow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that although Blurbshow will make every attempt to screen out offensive, objectionable, indecent ,or inaccurate User submissions, you may be exposed to User 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 Blurbshow with respect thereto, and agree to indemnify and hold Blurbshow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Phenomclips website.

6. YOUR USER SUBMISSIONS AND CONDUCT

1. As a Phenomclips account holder you may post a sports video ("Content") and textual content ("User Comments, Descriptions, statistics, etc.") for a period of time specified by you as the user. You further understand that Blurbshow may elect not to publish any User Submissions that do not meet the Terms of Service described herein. If Blurbshow elects to not publish a User Submission Blurbshow agrees to notify the user who submitted the video. User Content and User Comments and Descriptions are collectively referred to as "Content". You understand that whether or not such "Content" is published, Blurbshow does not guarantee any confidentiality with respect to any Content submitted to Phenomclips.com.

2. You shall be solely responsible for your own content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blurbshow to use all patent, trademark, copyright or other proprietary rights in and to any and all content submitted by you on the Phenomclips website and to allow Blurbshow to give access to your submission(s) through its technologies including the "Phenomclips Video Player" and the "Phenomclips Search Engine" for a period of time specified by you.

3. You retain all of your ownership rights in the content. However, by submitting your content to Phenomclips.com, you hereby grant Blurbshow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, display, and perform the Content in connection with the Blurbshow Website and Blurbshow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Blurbshow Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Phenomclips Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in your Video Posting terminate when the posting expires at a time specified by you at the time you upload your user submission. You understand and agree, however, that Blurbshow may retain, but not display, distribute, or perform, server copies of User Submissions that have expired or have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

4. In connection with User Submissions, you further agree that you will not 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 Blurbshow all of the license rights granted herein for a period of time specified by you and in conjunction with the functionality of the Phenomclips website.

5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Blurbshow Terms of Service described herein.

6. Blurbshow does not endorse any athlete, in whole or in part that is in any User Submission or any opinion, recommendation, or advice expressed therein, and Blurbshow expressly disclaims any and all liability in connection with User Submissions. Blurbshow does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blurbshow will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Blurbshow reserves the right to remove Content and User Submissions without prior notice from the Phenomclips website.

6A. Further, you agree not to use the’ Services or the Phenomclips website to participate in:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;

2. advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Blurbshow reserves the right to restrict the number of emails that a User may send to other Users;

You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.

7. ACCOUNT TERMINATION POLICY

1. Blurbshow will terminate a User's access to its Website if it is determined that said user has engaged in infringement on a repeated basis.

2. Blurbshow reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Blurbshow may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. WARRANTY DISCLAIMER

1. 1. You should use your best judgment and exercise caution where appropriate. You agree that your use of the blurbshow website shall be at your sole risk. To the fullest extent permitted by law, blurbshow, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Blurbshow 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 website, (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 website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 blurbshow website. Blurbshow does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the blurbshow website or any hyperlinked website or featured in any banner or other advertising, and blurbshow 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.

9. LIMITATION OF LIABILITY

1. You specifically acknowledge that blurbshow shall not be liable for user submissions 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.

2. The website is controlled and offered by blurbshow from its facilities in the united states of america. Blurbshow makes no representations that the Phenomclips.com website is appropriate or available for use in other locations. Those who access or use the blurbshow website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. INDEMNITY

1. You agree to defend, indemnify and hold harmless Blurbshow, its parent corporation, 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: (i) your use of and access to the Phenomclips Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Phenomclips Website.