a. your acceptance
1. this website belongs to battleme llc (“we,” “us” or sometimes “company”). by purchasing from,
using or visiting this website or any product, software, data feed, or service provided to you on, from, or
through this website (collectively the "service"), you signify your agreement to (1) these terms and
which are found at our website and incorporated herein by this reference. collectively, these terms and
service. the terms of service include products or service offerings, conditions, terms, descriptions,
details and pricing, all of which are found throughout this website and all of which are incorporated in
and included as part of these terms of service. if you do not agree to any of the terms of service,
please do not use the service.
2. although we may attempt (but are not obligated) to notify you when changes are made to these terms
of service, you should periodically review the most up-to- date version at the company website, because
you hereby agree to abide by and honor the most up-to- date version of the terms of service. by each use
of the company website or services, you agree to be bound by the latest version of these terms of
revise these terms of service and policies at any time, and you agree to be bound by such modifications
or revisions. nothing in these terms of service shall be deemed to confer any third-party rights or
3. you agree to use the service only for lawful purposes.
1. these terms of service 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 company, including but is not
limited to all products, software and services offered via the company website.
2. the service may contain links to third-party websites that are not owned or controlled by company.
company has no control over and assumes no responsibility for the content, privacy policies or practices
of any third-party websites. in addition, company will not and cannot censor or edit the content of any
third-party site. by using the service, you expressly relieve and release company from any and all
liability arising from your use of any third-party website. accordingly, we encourage you and you agree
3. in connection with your use of the service, we have not undertaken to act as the representative or
advocate of either placement specialists, employees, candidates or employers. you are responsible for
negotiating all financial arrangements directly with an employee, employer or placement specialist, and
shall seek all remedies and redress directly from such person(s). you agree to hold harmless, defend and
indemnify us for any claim, loss, injury or damages related to any dealings between you and any person
other than us.
c. company accounts & payments
1. in order to access some features of the service, you may be asked to create a company account. you
may never use another's account without permission. when creating your account, you must provide
accurate and complete information. you are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. you must notify company immediately of
any breach of security or unauthorized use of your account. company is not responsible for any act of
any other person on your account.
2. although company will not be liable for your losses or injury caused by any unauthorized use of your
account, you may be liable for the losses of company or others due to such unauthorized use.
3. for many of the services offered by company, company charges a recurring fee or charge on a
subscription basis, and you hereby agree to automatic payments or withdraws from your bank, credit,
paypal or other account. company may make such withdrawals until such time as you have provided
proper notice of cancellation of the service.
d. general use of the service—permissions and restrictions
company hereby grants you permission to access and use the service as set forth in these terms of
service, provided that:
1. you agree not to distribute in any medium any part of the service or the content without company’s
prior written authorization, unless company makes available the means for such distribution through
functionality offered by the service.
2. you agree not to alter or modify any part of the service.
3. you agree not to access content through any technology or means other than the service itself or other
explicitly authorized means company may designate.
4. you agree not to use the service for any of the following commercial uses unless you obtain
company’s prior written approval:
a. the sale of access to the service; or
b. the sale of advertising, sponsorships, or promotions placed on or within the service or
5. you agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that access the service in a manner that sends more request messages to the
company 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, company 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. company 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, phone numbers) for any commercial solicitation purposes. you agree not
to solicit, for commercial purposes, any users of the service with respect to their content.
6. in your use of the service, you will comply with all applicable laws.
7. company reserves the right to discontinue, change or alter any aspect of the service at any time.
e. your use of content
in addition to the general restrictions above, the following restrictions and conditions apply specifically to
your use of content.
1. the content on the service, and the trademarks, service marks and logos ("marks") on the service, are
owned by or licensed to company, subject to copyright and other intellectual property rights under the
2. content is provided to you as is. you may access content for your informational and personal use
solely as intended through the provided functionality of the service and as permitted under these terms of
service. you shall not download any content unless you see a “download” or similar link displayed by
company 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 purpose without the prior written
consent of company or the respective licensors of the content. company and its licensors reserve all
rights not expressly granted in and to the service and the content.
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.
4. you understand that when using the service, you will be exposed to content from a variety of sources,
and that company is not responsible for the accuracy, usefulness, legality, 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 release,
and hereby do waive and release, any legal or equitable rights or remedies you have or may have against
company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and
hold harmless company, its owners, officers, employees, operators, affiliates, licensors, and licensees to
the fullest extent allowed by law regarding all matters related to your use of the service. content on the
company website is not intended to be legal, tax, medical or other professional or licensed advice, and
you should seek your own licensed counsel or guidance.
f. your content and conduct
1. as an company account holder you may submit content to the service. you understand that
company does not promise to provide or guarantee any confidentiality with respect to any content you
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
company all patent, trademark, trade secret, copyright or other proprietary rights in and to such content
for publication on the service pursuant to these terms of service. company may reasonably rely on
these and all other representations you make in these terms of service.
3. you retain all of your ownership rights in your content. however, by submitting content to
company, you hereby grant company a worldwide, non-exclusive, royalty-free, sub-licensable and
transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the
content in connection with the service and company’s (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 service. additionally, you grant company a perpetual, non-exclusive license to
access through the service, and to use, reproduce, distribute, display and transfer specific content such as
user data, names, email addresses and other identifying data submitted to, by or through you on the
company site, and these data include identifying data of persons other than you. the above licenses
granted by you in content you submit to the service terminate within a commercially reasonable time
after you remove or delete your content from the service. you understand and agree, however, that
company may retain, but not display, distribute, or perform, server copies of your content that has been
removed or deleted. the licenses granted by you are perpetual and irrevocable.
4. you further agree that content you submit to the service will not contain third-party confidential data,
trade secrets, copyrighted material, or material that is subject to other third-party trademarks or other
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 company all of the license rights described or
granted herein. company strongly discourages and prohibits violations of third-party intellectual property
5. you further agree that you will not submit to the service any content or other material that is contrary
to the company community guidelines, currently found at the dcalerts.org website, which may be
updated from time to time, or material contrary to applicable local, state, national, and international laws
6. company does not review, approve, edit or endorse any content submitted to the service by any user
or other licensor, or any opinion, recommendation, or advice expressed therein, and company expressly
disclaims any and all liability in connection with content. company does not permit copyright infringing
activities and infringement of intellectual property rights on the service, and company will remove all
content if properly notified that such content infringes on another's intellectual property rights or is
otherwise unlawful. company reserves the right to remove content without prior notice. it is your
obligation to monitor and determine whether someone is violating or infringing on your intellectual
property rights and to report the same to company.
g. account termination policy
1. company will terminate a user's access to the service if, under appropriate circumstances, the user is
determined to be a repeat or significant infringer.
2. company reserves the right to decide whether content violates these terms of service for reasons
other than copyright, trade secret, trade mark or other intellectual property rights infringement, such as,
but not limited to, pornography, obscenity, illegality, or excessive length. company 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 service.
h. digital millennium copyright act
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
a. a physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
b. 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;
c. 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;
d. information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
e. 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
f. 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
company’s designated copyright agent to receive notifications of claimed infringement is ken
morgan; email: email@example.com. 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 company’s customer service through its
website. you acknowledge that if you fail to comply with all of the requirements of this section
5(d), your dmca notice may not be valid.
2. 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:
a. your physical or electronic signature;
b. 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;
c. 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
d. your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in indianapolis, indiana, and a statement that you
will accept service of process from the person who provided notification of the alleged
if a counter-notice is received by the copyright agent, company 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 ten (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 ten (10) to fourteen (14) business days or more after receipt of
the counter-notice, at company’s sole discretion.
i. warranty disclaimer
you agree that your use of the services shall be at your sole risk. to the
fullest extent permitted by law, company, its owners, officers, managers,
employees, and agents disclaim all warranties, express or implied, in
connection with the services and your use thereof. company 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. company 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 company 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.
j. limitation of liability
in no event shall company, its officers, owners, managers, 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 company 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 company from its facilities in the united states of america.
company 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.
to the extent permitted by applicable law, you agree to defend, indemnify and hold harmless company,
its owners, officers, managers, 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 service; (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 your content caused damage to a third party. this defense and
indemnification obligation will survive these terms of service and your use of the service.
l. responsibilities regarding the hiring of vocal talent
company may, for a fee (“service fee”), arrange for a person with singing or other vocal talent
(“performer”) to be introduced to a person looking to hire a performer (“client”). company is to be paid
a service fee for each song or other individual service provided to client by performer. once company
introduces performer to client, performer and client may not conduct business directly with each other
without paying company its service fee for each song or transaction between performer and client. the
fees owed to performers and clients may then enter into their own separate contracts, by which a client
hires a performer and agrees to pay the performer for vocal services to be delivered by the performer.
company is not part of or a party to the contract between performers and clients. performers are
independent contractors and not employees of company; and company shall not be held liable for a
performer’s conduct. likewise, performers may not hold company liable for any of client’s acts or
failures to act.
m. ability to accept terms of service
you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these terms of service, and to abide
by and comply with these terms of service. in any case, you affirm that you are over the age of 13, as
the service is not intended for children under 13. if you are under 13 years of age, then please do not use
the service. there are lots of other great web sites for you. talk to your parents about what sites are
appropriate for you.
these terms of service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by company without restriction.
you agree that: (i) the service shall be deemed solely based in indiana; and (ii) the service shall be
deemed a passive website that does not give rise to personal jurisdiction over company, either specific or
general, in jurisdictions other than indiana. these terms of service shall be governed by the internal
substantive laws of the state of indiana, without respect to its conflict of laws principles. any claim or
dispute between you and company that arises in whole or in part from the service shall be decided
exclusively by a court of competent jurisdiction located in marion county, indiana. the terms of
service, including all other documents referenced and incorporated herein, and any other legal notices
published by company on the service, shall constitute the entire agreement between you and company
concerning the service. if any provision of these terms of service 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 service, which shall remain in full force and effect. no waiver of any term
of this these terms of service shall be deemed a further or continuing waiver of such term or any other
term, and company’s failure to assert any right or provision under these terms of service shall not
constitute a waiver of such right or provision. company reserves the right to amend these terms of
service at any time and without notice, and it is your responsibility to review these terms of service for
any changes. your use of the service following any amendment of these terms of service will signify
your assent to and acceptance of its revised terms. you and company 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: may 18, 2017
this privacy notice describes how battleme, llc battleme, llc and its subsidiaries treat personal information when you use battleme, llc services, including information provided when you use battleme, llc. in addition, the following describes privacy practices specific to battleme, llc.
browsing battleme, llc. you can browse the battleme, llc website without having anbattleme, llc account. you also can contact us through the battleme, llc contact informationor by emailing us directly without having to register for an account.
your battleme, llc account. for some activities on battleme, llc, like adding content, posting comments, you may need an battleme, llc account. we ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access.
usage information. when you use battleme, llc, we may record information about your usage of the site, such as the channels, groups and favorites you subscribe to, which other users you communicate with, the frequency and size of data transfers, and information you display about yourself as well as information you click on in battleme, llc (including ui elements, settings). if you are logged in, we may associate that information with your battleme, llcaccount. in order to ensure the quality of our service to you, we may place a tag (also called a "web beacon") in html-based customer support emails or other communications with you in order to confirm delivery.
content uploaded to site. any personal information or other content that you voluntarily disclose online may be collected and used by others.
if you submit personal information to battleme, llc, we may use that information to operate, maintain, and improve the features and functionality of battleme, llc, and to process any flagging activity or other communication you send to us.
we do not use your email address, phone number, or other personal information to send commercial or marketing messages without your consent. we may use your email address and phone number without further consent for non-marketing or administrative purposes (such as notifying you of major battleme, llc changes or for customer service purposes).
information that is publicly available
when you create an battleme, llc account, some information about your battleme, llcaccount and your account activity may be provided to other users of battleme, llc. this may include the date you opened your battleme, llc account, the date you last logged into your battleme, llc account, your age (if you choose to make it public), the country and the content you subscribe to.
any content that you submit to battleme, llc may be redistributed through the internet and other media channels, and may be viewed by other battleme, llc users or the general public.
if you have an battleme, llc account, you may update or correct your personal profile information, notification preferences and privacy settings at any time by visiting your account profile page. you may control the information that is available to other users and your confirmed friends at any time by editing your battleme, llc account and the features that are included on your channel page. you may, of course, decline to submit personal information through battleme, llc, but battleme, llc may not be able to provide certain services to you.
advertising on battleme, llc
battleme, llc strives to provide you with relevant and useful advertising, as well as other third party ad serving systems, to do so. we may use a range of information including cookies, web beacons, ip addresses, usage data and other non-personal information about your computer or device (such as browser type and operating system) to provide you with relevant advertising. while you are logged in or logged out of your battleme, llc account, we may also show you advertising based on non-personally identifiable information you have provided to us in your battleme, llc account.
advertisers may serve ads based on interests and demographic categories associated with non-personally identifiable online activity. advertisers may also serve ads to you based on previous activity on that advertiser's website or based on non-personally identifiable information from other companies. this non-personally identifiable information is held separately from your battleme, llc account data, or other personally identifying information in our possession.
dated: may 18, 2017
here is additional guidance on what is acceptable and unacceptable at battleme, llc:
pornography, sex and nudity
pornography is difficult to define, but we know it when we see it, and we do not permit it on battleme, llc. if content is intended to be sexually provocative, it is unacceptable. if it is educational, documentary, scientific or artistic sexual content, it might be acceptable. for example, content about preventing sexually transmitted diseases would probably be acceptable. probably!
don’t hate. celebrate!
"hate speech" is any content that promotes hatred against members of a protected group. racist or sexist content is almost always hate speech. we acknowledge the fine line between what is and what is not considered hate speech. while you may criticize the syrian government, for example, it is not okay to make insulting generalizations about the syrian people. get it?
shocking and disgusting
the world is a dangerous place. sometimes people do get hurt, and it’s likely that these events will be documented on battleme, llc. however, it’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational or disrespectful. if a post is particularly graphic or disturbing, there must be a legitimate purpose in showing those details. posts intended to shock and disgust viewers and for no other purpose are prohibited.
dangerous illegal acts
you can’t yell “fire” in a crowded theatre. nor can you post on battleme, llc content that is intended to incite violence or encourage dangerous, illegal activities that have an inherent risk of serious physical harm or death. so, do not post things like instructional bomb making, ninja assassin training, sniper attacks, cracking safes, breaking into cars, street racing, etc.
the battleme, llc founders all have children, and we do not tolerate posts involving children (anyone under the age of 18) that are sexually suggestive or violent. please be cautious when posting something involving a child.
when you create something original, you own the copyright for it. when someone else creates content, they own it. you do not. so, respect others’ copyrights, as you expect people to respect your copyrights. that includes trademarks as well. do not post content unless you own it or have permission to use it on battleme, llc.
do not post other people's personal or financial information. that includes phone numbers, addresses, credit card numbers, credit data, social security data, government id’s, family information, etc.
battleme, llc is all about sharing and interacting with the community in respectful ways. we expect you to follows the golden rule- treat others on battleme, llc as you wish to be treated. do not attack or say nasty things about or to someone on battleme, llc.
imitation is the ultimate form of flattery. or so they say. impersonating someone by copying that person’s content, using a similar username, or posing as that person is considered impermissible. please avoid any form of impersonation or harassing activity on the site.
here is the only threat ever allowed on battleme, llc- if you threaten someone, we will delete your account. users should not feel threatened when they utilize battleme, llc. period.