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    tos

    Terms of Use

     

    Introduction  

    Welcome to RawShorts.com. The RawShorts.com website (the “Site”) is comprised of various web pages operated by Raw Shorts, Inc. (“Raw Shorts”). Raw Shorts is an online platform that brings together businesses that require videos and presentations and individuals and Companies that create such videos and presentations.

    Acceptance

    RawShorts’ services  are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of RawShorts.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

    User Registration

    In order to be able to use the services provided by Raw Shorts through its Website, it is necessary to:
    • Register as user in the Website (create user account); and
    • Accept the Privacy Policy; and
    • Accept this Terms of Use.
    To use the services, the user will have to choose a username and a password, which will be associated with the user account. It is each user’s responsibility to protect the security of his or her login information and ensure the diligent custody and use of the same, being the user responsible for all activities and/or contents carried out or created using his or her login data.

    If you register on behalf of a business, you represent to Raw Shorts that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

    Raw Shorts reserves the right to suspend or deny access to user’s account at any time and for any reason including for violation of these terms of use.

    Definitions

    “Account” means user account opened when you register on the Website.

    “Buyer” means a User who purchases Seller’s Products and Services through the Website.

    “Raw Shorts”“we”“our”, or “us” means Raw Shorts,Inc.

    “Milestone Payment” means an advance payment made by the Buyer through the site for the provision of Seller Services under a  Contract between the Buyer and Seller and which will be released to the Seller as provided in the “Milestone Payments” section herein.

    “Project”  means a job requirement of the Buyer posted/ offered on the Website to Sellers, which may include a Project or Contest listed by a Buyer; also a job awarded by a Buyer to a Seller who is successful in the competition/bidding, or a service bought by a Buyer from a Seller.

    “Seller” means a User registered on the Website that offers and provides video production or voice talent services.

    “Seller Services” means all services provided by Sellers.

    “User”“you” or “your” means an individual who visits or uses the website

     

    Service

    RawShorts.com is a user-friendly E-commerce  cloud based market place. Raw Shorts brings together businesses that require videos and voice talent for their business, and producers of such video and audios, and thereby help businesses to find options which suit their requirements and producers to improve their marketability, and ultimately save time and help financially both the parties.

    Privacy

    Your use of RawShorts.com is subject to Raw Shorts’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
    Electronic communications

    Visiting RawShorts.com or sending emails to Raw Shorts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

     

    Your account

    If you use this site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Raw Shorts is not responsible for third party access to your account that results from theft or misappropriation of your account. Raw Shorts and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

    Raw Shorts does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RawShorts.com only with permission of a parent or guardian.

     

    Fees

    Our services are chargeable. Users are required to pay introduction fees for Projects, listing upgrades and memberships. A schedule of fees for various services is displayed on our site. You can opt for the service and fee based on the schedule.  Raw Shorts may revise the fee from time to time and the updated fee schedule will be placed on our Website. We may also temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services. All  changes are effective when they are posted on the Website.

     All fees indicated on the site are in United States Dollars.

     

    Feedback, reputation and reviews

    Some areas of the Site may allow Users to post feedback, reputation and reviews. You acknowledge and agree that you are solely responsible for all the feedback, reputation and reviews posted by you on the site. You acknowledge that you transfer copyright of the feedback, reputation and reviews you post on the site. We reserve the right to use such feedback, reputation and reviews for purposes we deem fit.  You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

    You shall not use the feedback system to post any undesirable content which may affect the credibility or reputation of other users or may undermine the integrity of the Raw Shorts feedback system. We may suspend or terminate your Account at any time if we, in our sole and absolute discretion, find that your feedback is in violation of our policies or if we feel that our feedback system may be subverted.

    Since you transfer to us the copyright of the feedback, reputation and reviews you post on the site, you cannot use it in any real or virtual venue other than a website operated by Raw Shorts or its related entities without our written permission. The feedback ratings may not be used for any purpose other than facilitating the provision of Seller Services via the Website.

     

    Advertising

    Users are prohibited from posting any advertisements, products, services or providing link to any other website including in a listing, bid, listing description, clarification board or the message board unless it is permitted by Raw Shorts.

    We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of your dealings with the Advertisers.  The content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.  You agree not to use, modify, sell, distribute, or create derivative works based on such advertisement/promotions without the required permission of its owners.


    Communication with other users

    You are solely responsible for your communication with other users. You must not post your email address or other contact information on the Website. You  must only communicate with Users via the Website, by using the Project message board, inbox private messaging or chat facilities including Video Chat. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

     

    Right to review

    We do not  read any content posted by you on the site. However, we reserve the right to examine all communication by you through the Website, files and programs uploaded by you and the files and services downloaded or accessed by you for investigating any fraud and for risk management and related purposes.

     

    Identity Verification

    At times we may be required to verify and validate your identity. You agree to our making enquiries directly or through third parties, we consider necessary to validate your identity. You agree to provide the documents/photo identity proof and any other information requested by us to or seek information about you from third parties to validate your identity.

    We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

    You will not be allowed to access your account or obtain/provide any service through our site if we are unable to verify and validate your identity to our satisfaction.  Further, you may not be able to withdraw funds from your Raw Shorts account, and other restrictions may apply.


    Use of Services

    When a Buyer selects a Seller and awards the project, and Seller accepts Buyer’s offer on the website, or a Buyer purchases a product from the Seller, it will be deemed that a contract has been established between the Buyer and the Seller. Both parties agree to adhere to the terms of the contract which shall not be in violation of the provisions of this Terms of Use Agreement.

    As a Buyer or Seller, you will be responsible to comply with all applicable local/international laws, statutes, and regulations while transacting through the website.  In case of any violation/breach of the terms of contract between you, you are solely responsible for enforcing any rights that you may have. Raw Shorts will not be responsible for enforcing any rights under a User Contract.

    All statutory rights applicable to the Buyer and Seller in their geographical area shall override any contradictory provisions in this Terms of Use.

     

    Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency or employer-employee relationship between Users, or between user and Raw Shorts. .

    Fund Management

    A Buyer who intends to avail of the services of a Seller, shall fund his Raw Shorts account for fees or charges or for services to be provided via the Website. A Seller may have funds in his account when a project is completed successfully or a product is sold and funds are released. Funds may also be credited in relation to an affiliate program or a referral program.

    All funds belonging to users are maintained a in a separate operating account by Raw Shorts with a reputed financial institution. Although we may receive interest on the funds from financial institutions, users are not entitled to any interest or other benefit on their funds lying with us.

    You acknowledge and agree that:

    1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
    2. the funds in your Account (which may include Milestone Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment towars the purchase and sale of Seller Services through the Website and provision of the Raw Shorts Services;
    • to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid by us as directed by you;
    1. we are not acting as a trustee or fiduciary with respect to such funds or payments;
    2. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
    3. funds may only credited into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of the Services; and
    • we may commingle your funds with funds of other Users and such commingled funds could be used to pay other Users or otherwise. However, we will remain obliged to release or refund your funds at your direction in accordance with this User Agreement.

    Restrictions and fraud prevention

    If we recognize any funds credited into a user account is of a fraudulent nature, we reserve the right to suspend a User withdrawal request.

    . If such funds have already been released to you, you must recredit the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

    We may, in our sole discretion, place a limit on any or all of the funds in your Account if:

    • we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including reversal or chargeback;
    • we believe that the beneficiary of the payment is someone other than you;
    • we believe that the payment is being made to a country where we do not offer our Service; or
    • we are required to do so by law.

    If you are involved in a dispute, resulting in a potential liability, we may place a temporary limit on the funds in your Account to cover the amount of such liability. The funds may either be released to you or debited from your account based on the outcome of the dispute. Refunds

    .

    Except the funds relating to Milestone Payment or fees or charges payable to us, you may seek refund at any time for any funds that you have paid into your Account. .

    If the refund sought relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause “Disputes with Us” must be followed.

    All refund requests agreed by us will be made to  the User via the same payment method(s) that the User used to make the original payment to us. Under exceptional circumstances we may use an alternative payment method..

    We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we are reqired to refund in accordance with any revised refund policy specified by us; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment; or (6) we consider, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

    You shall not seek refund if you have already initiated a chargeback request with your credit card issuer.

    If your account indicates an excessive or unreasonable number of requests to refund funds back to you or chargeback without valid reasons, we may suspend, limit or close your Account.

    Withdrawal of Funds

    You are required to be “Raw Shorts Verified” before you can withdraw funds from your Raw Shorts account. It may take up to 15 days before you can make first withdrawal from your account in view of security and fraud checks are conducted. If your withdrawals are required to be verified under our fraud prevention policies, subsequent withdrawals may also take up to 15 days to be transferred to your account.

    We impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges.

    You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on “Identity / Know Your Customer” in this agreement.

     

    Chargeback  and Reversals

    At times, we may receive chargeback request/reversal instruction from Buyer’s credit card issuer or payment processor. We are bound to honor such request/instruction. In such instances, you agree that we will be entitled to recover chargeback and reversals of funds paid to you by Buyers through the website.

     

    Suspension/ Termination of Sservice

    We may terminate, suspend or limit your access to your Account without reason. We may also terminate, suspend or limit your access to your Account under the following circumstances:

    • if we determine that you have breached, or are acting in breach of, this User Agreement;
    • if we find that you attempt to renegotiate the actual price privately by under-bidding, to avoid payment of fees to Raw Shorts;
    • if we determine that you have infringed Intellectual Property Rights;
    • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
    • you do not respond to account verification requests;
    • you do not complete account verification when requested within 3 months of the date of request;
    • you are subjected to any prohibition which preclude us from conducting business with you;
    • to manage any risk of loss to us, a User, or any other person; or
    • for other similar reasons.

    If you breach this Agreement, you will not be eligible to seek refund of any amount paid by you. Further, you will also become liable to pay all the fees you owe to us and reimburse us for all losses and costs  and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

    You acknowledge and agree that if you breach the terms of this Agreement, we may incur substantial losses including fines and other related expenses imposed on us by our payment processors and Users. In addition to permitting to set off the balance in your Raw Short account, you agree to reimburse all such losses and expenses. However, monetary damages alone may not be sufficient to compensate us for all the damages. Under such circumstances, we may claim injunctive relief and punitive damages.

    If we close your Account for a reason other than  for your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

    In the event of suspension or termination of your Account with or without cause, you will have no claim whatsoever against us in respect of any such suspension or termination.

     

    Milestone payments

    We do not operate an escrow service. We do however maintain accounts of Buyers and Sellers for the purpose of coordinating transactions between Buyers and Sellers through our website. This service is called Milestone Payments.

    Subject to the User Contract, the Buyer can fund his account to facilitate making Milestone Payments to a Seller when the Buyer purchases products or services from the Seller. The funds will not be released to the Seller until:

    • the Buyer confirms that the services performed by the Seller in respect of a project or contest is completed satisfactorily and funds can be released to the Seller;
    • if there is a dispute, the Buyer and Seller have concluded the Dispute Resolution Process and the Dispute is resolved in the Seller’s favour;

    Funds will not be released to the Seller if a Buyer does not approve of the Seller’s work product. Under such an eventuality, the parties may elect to mutually resolve the dispute and confirm the same, or resolve the issue under the Dispute Resolution Process.

    If we have not received any instructions from a Buyer in respect of a Milestone Payment within six months after the day that the Milestone Payment was paid and the Buyer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Buyer. However, if the Seller has made a claim informing completion of the project and the Buyer does not object to the claim or respond within one month, the funds will be released to the Seller.

    Milestone Dispute Resolution Policy

    In the event of a dispute between a Buyer and a Seller regarding a return or release of Milestone Payments, you attempt to resolve the dispute through mutual discussion, failing which, either Buyer or Seller may elect to use the Milestone Dispute Resolution Services offered by Raw Shorts as set out in the Milestone Disputes Resolution Policy  This policy sets out the process to be followed by the Buyer and Seller to resolve dispute. Once a complaint is lodged/dispute is opened by a party, the other party is given 7 days to respond to it. Otherwise, the other party will automatically lose the dispute and the pending Milestone will be transferred to account of the party which opened the dispute process.

    Process

    Stage 1 – Identifying the issue

    The complainant should select the Project and the specific Milestone payment or all Milestone payments to be disputed. Complainant should provide a description of the issue and an explanation of why the dispute is being opened. From this stage until Stage 3, users are encouraged to attach any documents or materials that could support their claims. Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Project (if a Buyer) or wish to get paid for the Project (if a Seller). The amount could range from zero to the total amount of the Milestone Payment(s) in question.

    Stage 2 – Negotiations

    At this stage, both parties will have the opportunity to explain their stand and also negotiate terms to resolve the issue between them. Either party can negotiate for partial compensation. Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.

    STAGE 3 – Final Offers and Evidence

    After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party. If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first. If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.

    Stage 3 is the last stage where both Users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute System, or that is otherwise available to the Dispute Team, such as the project description and correspondence between the parties.

    Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.

    STAGE 4 – Arbitration

    At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.

    In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 4 days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated stage 4, with the arbitration fee initially paid refunded.

    Evidential Requirements for Your Dispute

    Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Site and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.

    You are highly encouraged to submit all the documents that would support your claims on your dispute.

    Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the “To”, “From”, and the “Date” bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored. For proof of external correspondence, users should provide screenshots of their entire unedited conversation.

    IM (instant messenger) conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honoured.

    Provide the products, contracts, and other files relating to the project and the dispute.

    Raw Shorts will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by law.

    Arbitration Fee

    The fee for a milestone dispute is $5.00 USD or 5%, whichever is greater, payable by each party. The fee will then be refunded to the winner of the dispute. See the Fees and Charges page for details.

    You agree to indemnify and (to the maximum extent permitted by law) hold Raw Shorts and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.

     

    Other disputes with users

     

    In case of any dispute pertaining to the project other than Milestone Payment also, you agree to resolve the disputes by mutual discussion. If you are unable to resolve the differences/dispute, we encourage you to contact us as set out in the Clause entitled “Contacting us”. Although Raw Shorts is not a judicial or alternative dispute resolution institution, we will help you to resolve the dispute in accordance with this clause. You agree that Raw Shorts will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Raw Shorts shall request the Seller and the Buyer to provide all the materials in support of their claim or position in relation to the dispute. You agree that Raw Shorts has absolute discretion to accept or reject any document provided. You also acknowledge that Raw Shorts will make the determinations only as an ordinary reasonable person. You shall confirm that the documents provided by  you are true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Raw Shorts and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

    In relation to disputes with any other users of the Website, you hereby agree to indemnify Raw Shorts from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

     

    Dispute resolution services code of conduct

    Raw Shorts Code of Conduct applies to all the services offered by Raw Shorts, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute.

    A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

     

    Disputes with us

    Our aim is to provide satisfactory services to our customers. If a dispute arises between you and Raw Shorts, please first contact us directly to seek a resolution.

    If you are not satisfied with our response pertaining to any claim, Raw Shorts may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Raw Shorts elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Raw Shorts will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    All claims against Raw Shorts will be resolved in accordance with the terms of this Agreement. Any claim which is contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. In such a case, Raw Shorts may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Raw Shorts has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

    If any bankruptcy or insolvency proceeding by or against you is commenced under any provision of law, Raw Shorts will be entitled to recover all costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

    Raw Shorts’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

     

     

    Links to third party sites / third party services

    RawShorts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Raw Shorts and Raw Shorts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Raw Shorts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Raw Shorts of the site or any association with its operators.

    Certain services made available via RawShorts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the RawShorts.com domain, you hereby acknowledge and consent that Raw Shorts may share such information and data with any third party with whom Raw Shorts has a contractual relationship to provide the requested product, service or functionality on behalf of RawShorts.com to users and customers.

    You acknowledge and agree that Raw Shorts is not responsible for the availability of any Third-Party Sites, Products and Services and that Raw Shorts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or interaction with any Third-Party Sites, Products and Services.

    Such Third-Party Sites, Products and Services are not under Raw Shorts’s control and Raw Shorts does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider’s terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services.
    No unlawful or prohibited use / Intellectual Property

    You are granted a non-exclusive, non-transferable, revocable license to access and use RawShorts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Raw Shorts that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Raw Shorts or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Raw Shorts content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for marketing, promotional and/or educational use, and will make no other use of the content without the express written permission of Raw Shorts and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Raw Shorts or our licensors except as expressly authorized by these Terms.

     

    Code of conduct

    Certain components of the Service permit or require you to open an account (including setting up a password). You agree to notify Raw Shorts immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.  You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.

    You must not use the Service to harass, threaten, impersonate, or intimidate anyone.

    You must not upload, transmit, post, email, or otherwise make available any content or media that is unlawful, harmful, threatening, invasive of another’s privacy, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable.

    You must not transmit, upload, post, email, publicly perform, or otherwise make available any content that violates the copyright, publicity, privacy, trademark, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.

    You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “spam,” “junk mail,” “chain letters,” “affiliate links,” “pyramid schemes,” or any other form of solicitation.

    You must not transmit any worms or viruses or any code of a destructive nature.

    You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).

    You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

    You must not use the Service, or any video, presentation or media produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Raw Shorts for the topic and/or creator of the presentation.

    You must not share use of your account with any other person.

    Some Raw Shorts accounts are offered with a free trial period. Such free trials are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

     

    Materials provided to RawShorts.com or posted on any Raw Shorts web page

    Raw Shorts offers a number of ways to share, or not share, your video, presentation or designs with others.

    Raw Shorts Free Accounts. If you have a Raw Shorts Free account, all of the content you create, including all of the information within your videos, presentations and or designs, and your user name will be available to anyone who has access to the internet (“Public User Content”). Public presentations can be viewed by other Raw Shorts users, will appear in the searchable Raw Shorts database, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view and publicly perform your Public User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

    Paid Raw Shorts Accounts. If you are making use of the Service to display or edit Private User Content for profit, you are required to have a paid Raw Shorts account. If you have an educational or paid Raw Shorts account, your user name may be shared by Raw Shorts with others who we think might be interested in you, but you can choose to make your content Public User Content, or Private User Content. Videos, presentations or any other designs designated as Private User Content, will not be available to the public. This license ends when you delete the video, presentation or design or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

    Licenses you grant to to Raw Shorts for use of public user content and private user content

    In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.

    With respect to Private User Content, you hereby do and shall grant to Raw Shorts (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sub-licensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your videos, designs or presentations, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content for three years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content indefinitely.

    With respect to Public User Content, you hereby do and shall grant to Raw Shorts (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sub-licensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your videos, designs or presentations (including the public), with the Service; and (2) in connection with promotion and marketing of Raw Shorts products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Public User Content indefinitely.

    Regardless of whether you designate content public or private, Raw Shorts makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

     

    Intellectual property infringement, warranties

    If you believe that Raw Shorts, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at admin@rawshorts.com.

    When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Raw Shorts the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

     

    Third party content

    Raw Shorts gives you the option, when creating or editing a video, design or presentation, to search for and insert third party content, such as images, into your videos, designs or presentation. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a videos, designs or presentation. You agree to review and comply with the license terms applicable to any third party content in a videos, designs or presentation.

     

    Third party accounts

    You will be able to connect your Raw Shorts account to third party accounts. By connecting your Raw Shorts account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

     

    International users

    The Service is controlled, operated and administered by Raw Shorts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Raw Shorts Content accessed through RawShorts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

    Indemnification

    You agree to indemnify, defend and hold harmless Raw Shorts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Raw Shorts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Raw Shorts in asserting any available defenses.

     

    Age registrations

    Users must be at least 18 years old. Users must be 18 years of age or older to use the Service. By using the Service you represent that you are 18 or older, and that you will not permit a minor under the age of 18 to use the Service, your Raw Shorts account, or otherwise interact with the Service. Raw Shorts will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Raw Shorts knows is under 18 years of age. If Raw Shorts discovers that a user under 18 years of age has created an account, or that a user or visitor under 18 years of age has posted personally identifiable information or other content to the Service, Raw Shorts will terminate the account and remove the information or other content.

     

    Raw Shorts’ intellectual property

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Raw Shorts Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Raw Shorts Content, contained on the Service is owned, controlled, or licensed by or to Raw Shorts, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

    As a user of the Raw Shorts Service, Raw Shorts grants to you a non-assignable, non-transferable, non-sub-licensable license, revocable at any time at Raw Shorts’s sole discretion, to use (i) the Raw Shorts name and (ii) the Raw Shorts logo, unaltered, unmodified, and as it appears on the Raw Shorts.com website solely for the purpose of truthfully referring to Raw Shorts, including for use in creating a website that explicitly references Raw Shorts (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Raw Shorts Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Raw Shorts, or affiliated with Raw Shorts, (ii) no Raw Shorts Content beyond the Raw Shorts name and logo may be used, (iii) any such use must be of the full Raw Shorts name and/or unaltered and current Raw Shorts logo, (iv) any such use may in no way disparage Raw Shorts, any user of the Raw Shorts Service, or any third party, and (v) any website that uses Raw Shorts Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Raw Shorts.” You agree to make no other uses of the Raw Shorts name and logo beyond those expressly allowed herein, pursuant to a Use License.

    Except as expressly provided in this Agreement or otherwise permitted by law, no Raw Shorts Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Raw Shorts’s express prior written consent.

     

    Termination; breach of this agreement

    You agree that Raw Shorts may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Raw Shorts’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties. Raw Shorts will grant you a pro rata refund of any subscription fees only in case Raw Shorts terminates your account without cause.

    Failure to comply with any of the Raw Shorts Terms and/or to pay any due Fee shall entitle Raw Shorts to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Raw Shorts Services (e.g., Paid Services) or Third Party Services to you.

     

    If your User Account or any Raw Shorts Services or Third Party Services related to your User Account are cancelled (whether at your request or at Raw Shorts’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any video project that was included in such Services (“Capacity Loss”). Raw Shorts shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Raw Shorts Services following their cancellation, as determined by Raw Shorts in its sole discretion.

     

    If Raw Shorts takes any legal action against you as a result of your breach of this Agreement, Raw Shorts will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Raw Shorts.

     

     

    Liability disclaimer

    While Raw Shorts attempts to make User Content available through the Service, Raw Shorts does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Raw Shorts will not be liable to you or to any third party for termination of your access to the Service for any reason.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAW SHORTS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “RAW SHORTS AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. RAW SHORTS AND THE RAW SHORTS AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAW SHORTS, THE RAW SHORTS AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

     

    Limitation of liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAW SHORTS AND THE RAW SHORTS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT RAW SHORTS MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RAW SHORTS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

    YOU SPECIFICALLY ACKNOWLEDGE THAT RAW SHORTS AND THE RAW SHORTS AFFILIATES SHALL NOT BE LIABLE FOR USER 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.

     

    Exclusions and limitations

    SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, RAW SHORTS AND/OR THE RAW SHORTS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

    Please review videos, designs or presentations for appropriate content before use

    Raw Shorts has not reviewed the videos, designs or presentations featured on the Service by Sellers to determine whether they are suitable or appropriate for your intended audience. Before using any of the videos, designs or presentations featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Raw Shorts is not responsible for the content of any videos, designs or presentations on the Service. If you find any content on the Service that you believe is objectionable, or that violates Raw Shorts’s terms of use or conduct guidelines, please feel free to notify us at admin@rawshorts.com

     

    Indemnification

    You agree to indemnify and hold Raw Shorts and/or the Raw Shorts Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Raw Shorts and/or the Raw Shorts Affiliates in connection with any claim arising out of your breach of the Agreement. Raw Shorts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

    General terms

    Entire Agreement. This Agreement is the whole legal agreement between you and Raw Shorts. It governs your use of the Service and completely replaces any prior agreements between you and Raw Shorts with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Raw Shorts.

    Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Raw Shorts does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Raw Shorts may assign or delegate some or all of its rights and obligations under this Agreement.

     

    Changes to terms

    Raw Shorts reserves the right, in its sole discretion, to change the Terms under which RawShorts.com is offered. The most current version of the Terms will supersede all previous versions. Raw Shorts encourages you to periodically review the Terms to stay informed of our updates.

    Contact Us

    Raw Shorts welcomes your questions or comments regarding the Terms:

    Email Address:

    admin@rawshorts.com

     

    You Account on page 3 has the following condition: ” Raw Shorts does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RawShorts.com only with permission of a parent or guardian.” Should this be included here?

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