Ownership & Intellectual Property Rights
4. Ownership & Intellectual Property Rights
4.1 You Own and Control "Your Content" hosted on 3B NEXUS
If you register on our website platform ("3B PLATFORM") for a User Account, you may upload, store, distribute and stream audio recordings, videos, texts, images, documents and other promotional material. All content uploaded to our platform is the property of the person who uploaded it. Therefore, you should only upload content that you have created, or in which you own the intellectual property rights or in respect of which you have a license from the owner to upload the content to our website. You are responsible for determining whether your content complies with these Terms and Conditions.
You own and control all Your Content that you upload on 3B NEXUS platform or publish on our portal ("3B PORTAL") or on other websites via our embedded services such as media players, playlists and webtv channel applets ("3B PLAYER"). Our platform simply provides the means and tools for storage, management, publishing and distribution of your content and our portal provides a place for you to display your content and reach an audience that might be interested in viewing it.
You are solely responsible for anything contained in your content. You may be held legally liable for your content, if for example, its use is in breach of financial regulations and/or compliance laws in any jurisdiction, material protected by copyright, trademark, patent or trade secret law or other proprietary right and you use it without permission of the author or owner, or if the content represents defamatory comments.
We cannot guarantee that there will be no unauthorised copying or distribution of your content nor will we be liable for any copying or usage of the content that we do not authorise. You can upload and attach your own legal disclaimer defining terms of access and use of the information contained in your content.
As a viewer on our portal, you may post comments and feedback on your content as well as other users' content and you may participate in online discussions subject to our House Rules. Any content, such as comments, questions and feedback or other viewers' contributions to another user's content such as their broadcasts, is stored, managed, owned and controlled by the broadcast owner, who may or not decide to publish the contributed comments on public portals.
4.2 Your Content License
By uploading and storing your content on our platform and by sending feeds of your broadcasts and other content from your User Account for publishing on third party sites via our services, as part of the Client Services, you are granting us a limited, non-exclusive, transferable, assignable, fully paid-up, royalty-free, worldwide license (including the right to sub-license) to encode, compress, convert, modify, electronically reproduce and host your content and by making your content publicly available using our services, you allow us to publish, distribute, embed, share, promote, transfer, display, broadcast, and otherwise transmit your content over the website and make it available to viewers in any country or jurisdiction, including, but not limited to affiliates and partner websites, as part of the Client Services, without any compensation to you. If you do not want your content to be accessible to viewers in certain countries, you may set the geographical restrictions to block or allow access using the tools provided on your platform user account and content properties. You represent and warrant that you are authorised to grant this license.
To revoke this license or to keep your content for private viewing only, you can simply withdraw your content from the feeds you shared or distributed to third party sites via our services or remove your content from our website platform as part of your right of use of our services.
You hereby grant to 3B NEXUS an unlimited, irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to use and/or incorporate into the Services any feedback, suggestions and/or recommendations provided to 3B NEXUS by you regarding our website or services.
As between the parties, you own all right, title and interest in and to Your Content. This Agreement does not convey to 3B NEXUS any ownership interest in or to Your Content, but only a limited license to Your Content that is revocable as set forth in this Agreement and 3B NEXUS shall not rebrand or edit your content or alter the context or intended meaning.
You must not represent or suggest, directly or indirectly, that we endorse any of your content.
4.3 Intellectual Property Rights to our Services
You may use our services, such as the platform to upload and store your content or our portal to publish your content or the embedded players, playlists and webtv channel applets to publish your content or other users' content to which you have permission to publish to your own websites or to allow other users to embed your content on their websites.
You are permitted to view the contents of our website on screen and to use any tools which we provide solely for the purposes of receiving our services. Except for your content or unless it is expressly and specifically permitted by the rightful owner and other than as necessary for the purpose of viewing the website, or where the owner has given you permission, it is strictly forbidden to copy any material on the website for commercial use in the course of a business or to store any or all of the contents of the website on a proxy server, cache or other similar form of storage. You may not adapt or modify, use, copy, display, publish or create works derived from our website or services or the content or any part thereof, except that: you may do anything permitted under applicable law including journalists using the content to report current events and embedding content on your websites using only the "Embed" button facility on the media player, when provided.
3B NEXUS hereby grants you a limited, revocable, non-transferable, except where expressly stated, non-exclusive, worldwide license to use our website and the applicable Services for which you have submitted an order or registered online. All rights not expressly granted to you are reserved by 3B NEXUS. Except as expressly permitted by 3B NEXUS, you shall not: (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any part thereof in any way; or (ii) modify or make derivative works based upon the Services or reverse engineer, decompile or disassemble the Services.
As between the parties, 3B NEXUS owns all right, title and interest in and to our website and all the related Services. This Agreement does not convey to you any ownership interest in or to the Services, but only a limited license to use the Services that is revocable as set forth in this Agreement.
"3B NEXUS", "3B PLATFORM", "3B PORTAL", "3B PLAYER", "PItCH", "iPItCH", "uPItCH" and “Bulls Bears & Butterflies” are our trade marks and intellectual property. All rights are reserved.
4.4 Viewing of other Users' Content through our Website and Services
Your use of our website, including viewing of any broadcasts which are hosted and published through our services including content belonging to other users of our services, is subject to these Terms & Conditions of Use, which will govern your viewing and use of such content and any content hosted by us, found on our website or any other website.
4.5 Accuracy of information provided on the website
Content posted on this website is submitted and owned by other users of this website and we are not responsible for and do not endorse such content. We do not have any editorial control over such content and we may remove any content from the website at our absolute discretion. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the website, are those of the respective author(s) or distributor(s) and not of 3B NEXUS.
4.6 Links to External Websites
Links to other websites owned by third parties are provided solely for your convenience. 3B NEXUS is not responsible for any external websites. We have no control over third-party websites and therefore we do not guarantee the speed of connection, successful access or accuracy of information provided on those websites, or successful access to our embedded services such as media players, playlists and webtv channel applets on those third party websites. We have not reviewed these other websites and we do not control and are not responsible for any of them or their content. You access external websites entirely at your own risk. You should read any terms and conditions applying to other websites carefully when you access these websites via any links found on content on our platform, portal or player services and facilities or when you access our embedded services on these websites or when you share or send feeds of your content to these website owners for publishing.
4.7 Third Party Services
We may, from time to time, inform you of third-party services that can be used in connection with your use of our Services. Any terms, conditions, representations and/or warranties associated with such use, are solely between you and such third-party service provider. 3B NEXUS makes no representation or warranty with regard to any such third-party service, even if such provider is certified or selected as a provider (or similar designation) by 3B NEXUS. We shall not be responsible to you in any manner for any such third-party service. 3B NEXUS does not, unless otherwise expressly set forth in writing, provide maintenance or support for third-party services.
4.8 Interface and Functionality
We reserve the right to make changes without notice to the interface, functionality and capabilities of the website and all our Services such as the content storage, delivery methods, features and functionality of the embeddable services such as players, playlists and webtv channels applets. Any video that is uploaded to our servers may fail initial attempt to encode it successfully. Due to many possible technical glitches, generally, it might be that processing some resources failed to complete and you simply need to wait for 5-10 minutes then click the 'Retry Encoding' button. If you retry encoding a few times without success, your video may have some errors or resources in formats that our processor cannot read, in which case please check your video and try uploading afresh. Except as required by law, we will not be responsible or liable for the speed, memory capacity or quality of your hardware, accuracy or fitness for a particular purpose of the website and do not promise that the material contained in the website, or any of the functions contained in the website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
