Terms of Service 

Effective as of February 18, 2010 

OWNERSHIP  
Welcome to the web site at www.thirtysecondstomars.com. This Site is operated by Thirty Seconds To Mars and materials on the Site are primarily owned or licensed by Thirty Seconds To Mars. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other legal right. The services offered by Thirty Seconds To Mars include the Site and any other features, content, or applications offered from time to time by Thirty Seconds To Mars in connection with the Site.  

Thirty Seconds To Mars has created this Site for your personal enjoyment, entertainment and education. These Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and Thirty Seconds To Mars and sets forth the terms for your use of the Site. Use of the Site is also governed by the Thirty Seconds To Mars Privacy Policy, which is incorporated into this Agreement by this reference. By using the Services, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and Services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this Site immediately and discontinue use of the Services provided on the Site immediately. 

This Agreement includes Thirty Seconds To Mars's policy for acceptable use of the Services and content posted on the Site, and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at 30stmlivevideos@gmail.com Subject: Terms of Use Agreement.  

Thirty Seconds To Mars may modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by Thirty Seconds To Mars on the Site. Your continued use of the Services after Thirty Seconds To Mars posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.  

Thirty Seconds To Mars reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the foregoing, Thirty Seconds To Mars expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Services if Thirty Seconds To Mars determines, in its sole discretion, that you have violated this Agreement or pose a threat to Thirty Seconds To Mars and/or the users of the Services.  

If you become aware of misuse of this Site by any person or have any questions or comments regarding, or problems with, this Site, please contact the Site Administrator at 30stmlivevideos@gmail.com with your concerns.  


ACCESS AND USE  
Materials contained in this Site ("Site Content") are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. Thirty Seconds To Mars grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing the Site and using the Services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.  

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by Thirty Seconds To Mars. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Thirty Seconds To Mars reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.  

Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Thirty Seconds To Mars or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.  

Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.  

CONTENT POSTED ON THE SITE  
You are welcome to post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, "blogging", or engaging in any form of communication in connection with this Site) (collectively "User Content") to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this Site (collectively "Forums"). You are solely responsible for such User Content. Thirty Seconds To Mars accepts no responsibility whatsoever in connection with or arising from such User Content.  

Thirty Seconds To Mars does not endorse and has no control over User Content submitted by others to Forums. User Content submitted to Forums is not necessarily reviewed by Thirty Seconds To Mars prior to posting and does not necessarily reflect the opinions or policies of Thirty Seconds To Mars. Thirty Seconds To Mars makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, Thirty Seconds To Mars reserves the right to prevent you from submitting User Content to Forums and to edit, restrict, delete or remove such User Content for any reason at any time.  

Thirty Seconds To Mars assumes no responsibility for actively monitoring Forums for inappropriate User Content. If, at any time Thirty Seconds To Mars chooses, in its sole discretion, to monitor the Forums, Thirty Seconds To Mars nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. You agree that Thirty Seconds To Mars accepts no liability whatsoever if it decides to prevent your content from being submitted or if it edits, restricts or removes your content.  

You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.  

You agree to release Thirty Seconds To Mars, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.  

PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE  
Thirty Seconds To Mars does not claim any ownership rights in the User Content that you post to the Services. By displaying or publishing ("posting") any content on or through the Services, you hereby grant to Thirty Seconds To Mars a non-exclusive, perpetual, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute modify, and translate such content, including without limitation distributing part or all of the Site in any media formats and through any media channels.  

You represent and warrant that: (i) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your content does not defame any person or entity or violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, and (iii) the posting of your content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any content you post on the Site.  

PROHIBITED CONTENT AND/OR ACTIVITY  
You must use the Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of content that is illegal or prohibited on the Services. Thirty Seconds To Mars reserves the right to investigate and take appropriate legal action in against anyone who, in Thirty Seconds To Mars's sole discretion, violates this provision, including without limitation, removing the offending content from the Site and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Thirty Seconds To Mars:

1. is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in sexual or violent manner;

4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult web site;

5. solicits personal information from anyone under 18;

6. publicly posts information that poses or creates a privacy or security risk to any person;

7. defames the rights of any person or entity or violates the privacy rights, publicity rights, copyrights, trademark rights or any other rights of any person.  


UNSOLICITED SUBMISSIONS  
Thirty Seconds To Mars does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Thirty Seconds To Mars's policy is to simply delete any such submission without reading it or forwarding it to other Thirty Seconds To Mars staff. Therefore, any similarity between an unsolicited submission and any elements in any Thirty Seconds To Mars creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.  

Notwithstanding the forgoing, if unsolicited submissions are sent to Thirty Seconds To Mars via this Site or through the Services, these submissions become the property of Thirty Seconds To Mars and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Thirty Seconds To Mars sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Thirty Seconds To Mars, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.  


DISCLAIMERS  
Thirty Seconds To Mars is not responsible for the conduct, whether online or offline, of any user of the Services. Thirty Seconds To Mars assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Thirty Seconds To Mars is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Thirty Seconds To Mars be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Thirty Seconds To Mars expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Thirty Seconds To Mars cannot guarantee and does not promise any specific results from use of the Services.  

LIMITATION ON LIABILITY. IN NO EVENT SHALL THIRTY SECONDS TO MARS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THIRTY SECONDS TO MARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

DISPUTES  
The Agreement shall be governed by, and construed in accordance with, the laws of Los Angeles, California, without regard to its conflict of law provisions. You and Thirty Seconds To Mars agree to submit to the exclusive jurisdiction of the courts located within Los Angeles, California, to resolve any dispute arising out of the Agreement or the Services.  

INDEMNITY  
You agree to defend, indemnify and hold Thirty Seconds To Mars, its parents, subsidiaries, and affiliates and their respective employees, agents, partners, directors, officers and shareholders, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or through the Services causes Thirty Seconds To Mars to be liable to another.  


COPYRIGHT INFRINGEMENT  
If you believe that any material contained in this Site or the Services infringes your copyright, you should notify Thirty Seconds To Mars of your copyright infringement claim in accordance with the following procedure.  

Thirty Seconds To Mars will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.  

 
OTHER  
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement as modified from time to time and any addendum to this Agreement such as contest rules constitute the entire agreement between you and Thirty Seconds To Mars regarding the use of the Services. The failure of Thirty Seconds To Mars to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.