Terms of Service

Welcome to 400ft.media. These Terms of Service (the "Terms") govern your use of our website, products, and services (collectively, the "Services"). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

  1. Use of Services

You may use the Services only for lawful purposes and in accordance with these Terms. You are responsible for your use of the Services, including any content you post or transmit through the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair any 400ft.media server, or the network(s) connected to any 400ft.media server, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any 400ft.media server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

  1. User Content

You retain all rights in, and are solely responsible for, any content that you post, upload, publish, or display on or through the Services ("User Content"). You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable license to use, modify, reproduce, distribute, transmit, display, perform, and create derivative works of your User Content in connection with the Services.

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you affirm, represent, and warrant that:

  • You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and the Services to use your User Content as necessary to exercise the licenses granted by you in these Terms;

  • Your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other proprietary right of any person; or (iii) result in the violation of any applicable law or regulation.

  1. Intellectual Property Rights

Copyright Infringement

If you believe that any material available through the Services infringes your copyright, you should notify us in writing. The notification should include:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Services;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We reserve the right to remove any content that allegedly infringes another person's copyright without prior notice and at our sole discretion.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY OF INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

  1. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

  1. Indemnification

You agree to defend, indemnify, and hold harmless 400ft.media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Services or your User Content, including but not limited to any violation of these Terms or any applicable law or regulation.

  1. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

  1. Changes to the Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.