Terms and Conditions

Introduction; Consent to Terms

Please read these Terms of Use before using PushingtheLimits.live or any of PUSHING THE LIMITS’s other sites, applications, platforms or services (collectively, the “PUSHING THE LIMITS Services”). By using any of the PUSHING THE LIMITS Services, you agree to be bound by these Terms of Use and acknowledge that PUSHING THE LIMITS’s Privacy Policy describes how we and others may collect and use information when you use the PUSHING THE LIMITS Services. To request permission for any other use of PUSHING THE LIMITS content or the PUSHING THE LIMITS Services, please email us at info@pushingthelimits.live.

We may modify, add or delete portions of these Terms of Use at any time by notifying you of the change in writing (including by email or by posting the modified Terms of Use on the PUSHING THE LIMITS Services and updating the date above). Please check these Terms of Use and the Privacy Policy frequently for updates. Your continued use of any of the PUSHING THE LIMITS Services following the posting of updated Terms of Use means that you agree to those changes.

Please note that these Terms of Use are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services of PUSHING THE LIMITS’s Member stations, and other sites, applications, platforms and services that may link to or from the PUSHING THE LIMITS Services.

Copyrights

The contents of the PUSHING THE LIMITS Services are protected by U.S. and international copyright laws. The contents of the PUSHING THE LIMITS Services are owned by or licensed to PUSHING THE LIMITS, PUSHING THE LIMITS’s Member stations, or other providers of content to PUSHING THE LIMITS (“Content Providers”). If you submit “User Materials” (as defined in the “User Materials” section of these Terms of Use), you are a Content Provider that provides content to PUSHING THE LIMITS. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties) publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the PUSHING THE LIMITS Services without the prior written consent of PUSHING THE LIMITS, except as provided in these Terms of Use. You may not use, or enable others to use, any content, information, or other material on PUSHING THE LIMITS Services to build or train large language models, machine learning tools, or artificial intelligence (AI) systems without the prior written consent of PUSHING THE LIMITS. All rights not expressly granted in these Terms of Use are reserved to PUSHING THE LIMITS.

You may copy, download one copy on a single device, and print a limited amount of content for your personal, noncommercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests PUSHING THE LIMITS promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, (d) you do not use the content in any way that is unlawful or harmful, (e) you do not scrape any content to replicate or republish the content, and (f) you do not use the content to build or train large language models, machine learning tools, or artificial intelligence (AI) systems. Subject to the conditions in the preceding sentence, you may use widgets and tools on the PUSHING THE LIMITS Services that allow selected User Materials to appear on your personal, noncommercial blog, site, application, platform or service.

You may use the content feeds, APIs, podcasts, media players, and other features of the PUSHING THE LIMITS Services, and content accessed therefrom, only as expressly permitted in these Terms of Use, including the “Use of Content: Conditions and Acknowledgments”.

Trademarks

PTL Radio^®, PUSHING THE LIMITS^®, Brain Shapiro^®, PUSHING THE LIMITS program and application names, and PUSHING THE LIMITS logos, and any other trademarks or service marks appearing with the PUSHING THE LIMITS Services, are the property of Brian Shapiro and Pushing the Limits. These marks are protected from reproduction, imitation, dilution and confusing or misleading uses under national and international trademark laws, and all rights in these marks are reserved by their respective owners. Except as otherwise expressly permitted elsewhere in these Terms of Use, you may not use any such marks without the prior written consent of their respective owner(s).

User Materials

Users of the PUSHING THE LIMITS Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the social networking features, discussions, Contact Us page, and other features of the PUSHING THE LIMITS Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by PUSHING THE LIMITS staff and on the PUSHING THE LIMITS Services by the general public. You acknowledge that the PUSHING THE LIMITS Services, including the social networking features, discussions, Contact Us page and other features of the PUSHING THE LIMITS Services, are for generally public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials.

You retain the copyright and other ownership rights in any User Materials that you Submit on or through the PUSHING THE LIMITS Services. However, by Submitting User Materials on or through the PUSHING THE LIMITS Services, you grant PTL Radio, PUSHING THE LIMITS Member stations, other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display (including framing), create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including without limitation the PUSHING THE LIMITS Services, PUSHING THE LIMITS Member station sites, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), podcasts, and other applications and services, without payment and without further notice to you or request for consent. You further grant PUSHING THE LIMITS, its Member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, location and other information that you have provided in connection with the User Materials.

For any User Materials you Submit on or through the PUSHING THE LIMITS Services, you agree to abide by the following rules for Submitting User Materials through the PUSHING THE LIMITS Services:

You may not Submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
You may not Submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.
You may only Submit User Materials for which you have the copyright or other necessary rights and permissions to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize PUSHING THE LIMITS, PUSHING THE LIMITS Member stations, Content Providers, their respective licensees, and users of the PUSHING THE LIMITS Services (to the extent permitted by these Terms of Use), to use and distribute any User Materials. By Submitting any User Materials through the PUSHING THE LIMITS Services, you grant to PUSHING THE LIMITS, PUSHING THE LIMITS Member stations and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use such User Materials.
You may not Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the PUSHING THE LIMITS Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
You are solely responsible for any User Materials Submitted using your account. PUSHING THE LIMITS does not and cannot review all User Materials Submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the PUSHING THE LIMITS Services. However, PUSHING THE LIMITS has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use, or for any other reason, as determined in PUSHING THE LIMITS’s sole discretion.

You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section of these Terms of Use.

Content Feeds

PUSHING THE LIMITS may provide content feeds on or through the PUSHING THE LIMITS Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories (collectively, the “Content Feeds”). You may display, excerpt from, and link to the Content Feeds on your personal site or application, or the site or application of an organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is not a news, broadcast or multimedia organization (“501(c)(3) NoPushing the Limitsofit Corporation”) provided that you abide by the restrictions in “Use of Content: Conditions and Acknowledgements”. If you display an entire Content Feed on your personal or 501(c)(3) NoPushing the Limitsofit Corporation blog, site or application, you may not redistribute the Content Feed and you must provide attribution to PUSHING THE LIMITS or the relevant Content Provider adjacent to the Content Feed, by including “PUSHING THE LIMITS News Headlines” or “PUSHING THE LIMITS” or the name of the relevant Content Provider in text adjacent to the Content Feed.

API Content

PUSHING THE LIMITS, in its discretion, enables registered users to access certain content, including audio, text, images and other content on the PUSHING THE LIMITS Services, PUSHING THE LIMITS Member station sites, applications, platforms and services, and other Content Provider sites, applications, platforms and services through its APIs. PUSHING THE LIMITS currently limits registration to certain types of users. PUSHING THE LIMITS has the right to establish further limits on registration, to stop registering new users, or to revoke registration at any time. Content accessed through the API is available to registered users only for the limited uses.

Podcasts

PUSHING THE LIMITS provides podcasts consisting of audio and video content. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a device only for your personal, noncommercial use, and you also may link to podcasts from your site, application, platform or service subject to the restrictions in “Use of Content: Conditions and Acknowledgments”.

Use of Content: Conditions and Acknowledgments

To use Content Feeds, API content and podcasts, or to Submit User Materials, you agree to the following conditions and acknowledgments:

the content may be used only for personal noncommercial use or for noncommercial online use by a 501(c)(3) Non-Profit Corporation (which is not a news, broadcast, or multimedia organization);
your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications, but excluding e-newsletters;
you shall not use the content in any way that is unlawful or harmful;
you must provide attribution for the content source (PUSHING THE LIMITS, PUSHING THE LIMITS Member station, or other Content Provider) by including “PUSHING THE LIMITS” or the name of the relevant Member station or Content Provider in text in connection with the content, but not in the title of any publicly available application, and provide a link back to the content’s source site;
you may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the content and the applicable PUSHING THE LIMITS Services page;
your use or display of the content does not suggest that PUSHING THE LIMITS, its Member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, applications, platforms, products or services of you or any third party;
all links to content redirect the user to the PUSHING THE LIMITS Services or the PUSHING THE LIMITS Member station or other Content Provider sites, applications, platforms or services when the user clicks on them;
you shall not modify, copy, translate, create a derivative work of, sell, distribute, or sublicense any content;
you shall not add to, delete, or modify any audio, video, headlines, text, links, or other content contained in the content from PUSHING THE LIMITS, its Member stations, or any other Content Provider;
you shall not use the content in any way that changes or distorts its fundamental meaning;
any other use of the content or the trademarks, service marks, trade names, logos, domain names or other distinctive PUSHING THE LIMITS brand features or the brand features of an PUSHING THE LIMITS Member station or Content Provider requires the prior written permission of the relevant entity;
all audio must be streamed from the originating servers through direct links that redirect the user to PUSHING THE LIMITS, the PUSHING THE LIMITS Member station, or the Content Provider sites, applications, platforms, or services;
PUSHING THE LIMITS, its Member stations, or the Content Providers have the right to withdraw any and all content at any time in their discretion; and
upon the request of PUSHING THE LIMITS, you shall promptly cease all use of, and remove from your sites, applications, platforms, and services, any and all uses of the PUSHING THE LIMITS content.

Subscription Services

Some PUSHING THE LIMITS Services, may be available only through creation of a subscription account and payment of a fee (“Subscription Services”).

Subscription Term; Automatic Renewals

If you elect to subscribe to a Subscription Service then, in exchange for payment of the applicable fee (the “Fee”), you will have access to such Subscription Service for the period of time indicated during the subscription sign-up process. This may be a fixed period of time specified by PUSHING THE LIMITS, or you may have the option of choosing among automatically renewing subscription term options, such as a subscription that automatically renews on a monthly or annual basis until cancelled, offered at different Fees. The period of time during which you may access the applicable Subscription Service is referred to in these Terms of Use as the “Subscription Term.”

Your ability to access and use a Subscription Service will commence on the date we make such Subscription Service available to you following your payment of the applicable Fee for such service, and will continue until the end of the applicable Subscription Term.

If you have elected to subscribe to a Subscription Service with a Subscription Term that renews automatically (as disclosed to you during the subscription sign-up process) then, unless you affirmatively cancel your subscription before the end of the then-current Subscription Term, (1) we will automatically renew your subscription for subsequent new Subscription Terms of the same duration and will automatically charge the applicable Fee for each Subscription Term to the payment method you have provided, and (2) you hereby authorize us to do so. If you affirmatively cancel your subscription, your subscription will expire, and your access to the Subscription Service will cease, at the end of the then-current Subscription Term.

To continue to access the Subscription Services after your subscription has expired, you will need to purchase a new subscription. You are required to maintain accurate and up-to-date payment information. PUSHING THE LIMITS assumes no responsibility or liability if your subscription fails to renew or otherwise expires because of outdated or incorrect payment information. You should maintain an up-to-date email account to receive communications about subscriptions.

In addition to offering Subscription Services through PUSHING THE LIMITS platforms, we may make it possible for you to subscribe to a Subscription Service through one or more third-party platforms (e.g., Apple, Google, Amazon, etc.). Your subscription will be tied to, and may only be managed via, the platform through which you subscribe. If you subscribe to a Subscription Service through a third-party platform, you must maintain accurate and up-to-date payment information with that third-party platform in order to continue to access such Subscription Service. If you elect to subscribe to a Subscription Service via an PUSHING THE LIMITS platform and you previously purchased a subscription to the same Subscription Service through a third-party platform, it is your responsibility to cancel your subscription with that third-party platform to avoid duplicate charges. Our Contact Us page provides information about canceling Subscription Services managed by certain third-party platforms. Please refer to the third-party platform through which you purchased or redeemed a Subscription Service for more details.

We will not provide any full or partial refund (except where the law requires us to provide a refund) or prorate Fees for Subscription Services, although the refund policies offered by third-party platforms may differ. If you purchased a subscription via a third-party platform, please refer to that platform’s refund policies.

Promotions and Trials

From time to time, we or others on our behalf may offer a Subscription Service through a promotional offer, code or discount, including pursuant to a trial offer of a Subscription Service for a specified time period without payment or at a reduced rate. We may determine your eligibility for a trial or other promotion, and may withdraw or modify any such promotion at any time without prior notice and with no liability, to the extent permitted under applicable law. If you sign up for a Subscription Service through a promotional offer, code or discount, you may also be bound by additional or different terms communicated to you at sign up or otherwise in connection with the applicable offer. You agree to comply with those terms.

For some trials or other promotional offers, we will require you to provide your payment details to start the trial or otherwise access the promotion. By providing such details for a promotional or trial offer and accepting the applicable offer, you agree that we may automatically begin charging your payment method for a subscription to the applicable Subscription Service on the first day following the end of the trial or discounted promotional period at the regular price for such subscription and on a recurring monthly basis or other interval that we have disclosed to you in the applicable offer. If you do not want to pay these charges, you must cancel the applicable Subscription Service before the end of the applicable trial or promotion period. If you signed up for the trial through a third-party platform, you must cancel the applicable subscription through such third-party platform.

Access Restrictions

You are not authorized to access any Subscription Service unless you have created a subscription account and paid the applicable Fee for such service. You may not assist anyone else in accessing any Subscription Service(s) on an unauthorized basis, including by sharing any access credentials we provide to you, sharing links to a Subscription Service, or providing any content or other materials that you obtained through a Subscription Service to third parties. If we require that you use a password to protect your subscription account, please keep your password confidential. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity that occurs within your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made, or other charges incurred, in connection with your use (or an authorized third party’s use) of the Subscription Services. You will be responsible for all charges and all purchasing activity that occurs within your account. We may turn off your access to your Subscription Service without notice, and without providing any refund, if we identify that access credentials have been shared.

Age and Billing Authorization

By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information submitted by you is true and correct (including all credit card information), and that you are the authorized holder of the credit card, digital wallet or other payment method associated with your subscription account.

Fees

You agree to pay all Fees and other charges applicable to your Subscription Services accounts, including any applicable taxes. PUSHING THE LIMITS reserves the right to change the amount of, or the basis for determining, any subscription Fees for the Subscription Services and to institute new subscription Fees with prior notice to you. Any such changes will be effective on the first day of the next Subscription Term for the applicable Subscription Service unless we specify a different effective date in our notice to you. You accept such Fee changes by continuing to subscribe to the Subscription Service after the Fee change has taken effect. If you do not wish to agree to any such Fee change(s), you must cancel the applicable subscription before the effective date of the applicable change.

Compatible Apps

Some Subscription Services may be accessible only by using particular applications. You should review the details of each Subscription Service before you pay for access to ensure that the Subscription Service will work with your preferred application(s). We will not refund any Fees you paid if a Subscription Service to which you have subscribed is not accessible using your preferred application.

Territorial Limitations

Our Subscription Services may not be accessible for use in every jurisdiction. You can contact us though our Contact Us page for information about where the Subscription Services are accessible. We will not refund any fees you paid if the Subscription Services to which you have subscribed are not accessible where you are located. If you are subscribing to a Subscription Service through a third-party platform, review the platform provider’s terms.

Suspension or Termination

We may suspend or terminate your access to any or all Subscription Service(s) at any time, for any reason, without notice to you. If we do so, we will provide a partial refund to you, and you will not be responsible for Fees associated with such Subscription Service(s) after the termination becomes effective, unless you have breached or violated any of these Terms of Use.

Cancellation

You may cancel your subscription to a Subscription Service obtained through the PUSHING THE LIMITS platform at any time by using the email you used to purchase your subscription to sign in to your account page. If you subscribed through a third-party platform, you must follow the procedures described on the applicable third-party platform, which are also provided on our Contact Us page. If you are unable to locate the cancellation procedures for a particular Subscription Service, you can contact us at info@PushingtheLimits.live. Requests to cancel subscriptions will be effective once the Subscription Term in which we received the cancellation concludes. If you purchased a subscription through a third-party platform, please refer to that platform’s refund policies for more details.

How to Cancel

You may cancel your recurring donation at any time by emailing info@pushingthelimits.live with your account and donation information.

Territorial Limitations

Some PUSHING THE LIMITS services may not be accessible for use in every jurisdiction. You can contact us though our Contact Us page for information.

Links to the PUSHING THE LIMITS Services

PUSHING THE LIMITS is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although PUSHING THE LIMITS encourages and permits links to content on the PUSHING THE LIMITS Services, the linking should neither suggest that PUSHING THE LIMITS promotes or endorses any third party’s causes, ideas, sites, products or services, nor use PUSHING THE LIMITS content for inappropriate commercial purposes or in any way that is unlawful or harmful. We reserve the right to withdraw permission for any link.

Links to Third-Party Services

The PUSHING THE LIMITS Services contain links to sites, applications, platforms and services maintained by third parties over which PUSHING THE LIMITS has no control. PUSHING THE LIMITS does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and PUSHING THE LIMITS is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. PUSHING THE LIMITS 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 use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

Certain third-party content made available through the PUSHING THE LIMITS Services may be subject to other terms. For terms applicable specifically to Associated Press content made available in the PUSHING THE LIMITS Services, see the AP Notice.

In some cases, the PUSHING THE LIMITS Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

The PUSHING THE LIMITS Services include a tool that allows you to sign in using information from your account with a third-party service, such as Facebook or Google. Please be aware that third-party services are unrelated to PUSHING THE LIMITS, and that your use of any third-party services is subject to the terms and policies of those services.

Rules for Use of the Service

By using the PUSHING THE LIMITS Services, including any of PUSHING THE LIMITS’s registration features or Subscription Services, you agree to the following rules:

You must be at least 18 years of age to submit any User Materials or personal information on or through the PUSHING THE LIMITS Services, create a public profile, participate in any online contests, place an order with the PUSHING THE LIMITS Shop, or register with any Subscription Service. If you are under 18 years old, you may browse the PUSHING THE LIMITS Services or register for email newsletters or other features of the PUSHING THE LIMITS Services with the consent of your parent or guardian, so long as you do not submit any User Materials. use, subscribe or register to any part of the Services if your parent or legal guardian reviews and agrees to these Terms of Use before you use any part of the PUSHING THE LIMITS Services, or they complete the purchase and/or registration on your behalf. If you are under 13 years of age, or if you are an EU user under 16 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personal information from a child under 13, or from an EU resident under 16, we will remove that information from our database as soon as possible.
You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of PUSHING THE LIMITS, PUSHING THE LIMITS Member stations, other Content Providers, or users of the PUSHING THE LIMITS Services. You may not use the PUSHING THE LIMITS Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the PUSHING THE LIMITS Services.
You may not interfere with or disrupt the integrity or performance of the PUSHING THE LIMITS Services, any portion or contents thereof, or related systems or networks, or use the PUSHING THE LIMITS Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the PUSHING THE LIMITS Services or related systems or networks.
You acknowledge that PUSHING THE LIMITS has the right to limit or terminate your, or any other person’s, access to or registration in the PUSHING THE LIMITS Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that if you Submit any User Materials or personal information on or through the PUSHING THE LIMITS Services, (a) you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the PUSHING THE LIMITS Services that may be necessary for their use as contemplated by the PUSHING THE LIMITS Services and these Terms of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the PUSHING THE LIMITS Services and these Terms of Use, (d) the User Materials, and their use by PUSHING THE LIMITS, PUSHING THE LIMITS Member stations, Content Providers, their licensees, and users of the PUSHING THE LIMITS Services and PUSHING THE LIMITS Member station sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of Member station or Content Provider sites) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the PUSHING THE LIMITS Services complies with these Terms of Use. You agree that you will indemnify and hold harmless PUSHING THE LIMITS, its Member stations, Content Providers, and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the PUSHING THE LIMITS Services, (3) the User Materials you have Submitted on or through the PUSHING THE LIMITS Services, or (4) PUSHING THE LIMITS’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by PUSHING THE LIMITS Member stations, Content Providers, licensees, or users of the PUSHING THE LIMITS Services.

Disclaimer

PUSHING THE LIMITS is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the PUSHING THE LIMITS Services. PUSHING THE LIMITS cannot verify the accuracy of statements that users make or place on or through the PUSHING THE LIMITS Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.

THE PUSHING THE LIMITS SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PUSHING THE LIMITS SERVICES ARE AVAILABLE ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY PUSHING THE LIMITS. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. PUSHING THE LIMITS DOES NOT WARRANT THAT THE PUSHING THE LIMITS SERVICES, INCLUDING WITHOUT LIMITATION THE PUSHING THE LIMITS CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED OR ERROR-FREE. PUSHING THE LIMITS DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PUSHING THE LIMITS SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE PUSHING THE LIMITS SERVICES OR THROUGH LINKS ON THE PUSHING THE LIMITS SERVICES. PUSHING THE LIMITS MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF PUSHING THE LIMITS SHALL CREATE ANY WARRANTY. USE OF THE PUSHING THE LIMITS SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE PUSHING THE LIMITS SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE PUSHING THE LIMITS SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE PUSHING THE LIMITS SERVICES.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM PUSHING THE LIMITS’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL PUSHING THE LIMITS, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PUSHING THE LIMITS SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PUSHING THE LIMITS SERVICES OR TO ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS), (C) FOR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (D) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN NO EVENT WILL PUSHING THE LIMITS, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM PUSHING THE LIMITS’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PUSHING THE LIMITS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

PUSHING THE LIMITS Mobile Services; High Data Usage

PUSHING THE LIMITS does not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms and services. Please check your wireless plan, however, because carrier data use charges or other fees may apply. You agree that you are solely responsible for any costs you incur to access the PUSHING THE LIMITS Mobile Services, including any excess data charges. You should keep in mind that the use of the PUSHING THE LIMITS Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver.

No Unauthorized Export

You may not use or otherwise export or re-export any of the PUSHING THE LIMITS Services except as authorized by U.S. law and the laws of the jurisdiction in which the PUSHING THE LIMITS Services were obtained. In particular, but without limitation, the PUSHING THE LIMITS Services may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the PUSHING THE LIMITS Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the PUSHING THE LIMITS Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

International Users

The PUSHING THE LIMITS Services are controlled and operated within the United States. PUSHING THE LIMITS makes no representation that content, materials or products available on or through the PUSHING THE LIMITS Services are appropriate or available for use outside of the United States. If you access the PUSHING THE LIMITS Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Right to Change PUSHING THE LIMITS Services

PUSHING THE LIMITS reserves the right to change, terminate or suspend the PUSHING THE LIMITS Services, any features of the PUSHING THE LIMITS Services (including, but not limited to, Content Feeds, API content, podcasts, and the PUSHING THE LIMITS media player), and any content or materials contained in the PUSHING THE LIMITS Services, in any way, at any time and for any reason or no reason. PUSHING THE LIMITS also has the right to require you to cease accessing any features, content or materials of the PUSHING THE LIMITS Services.

Online Shopping

In the event a product available on or through the PUSHING THE LIMITS Shop is listed at an incorrect price or with incorrect information, PUSHING THE LIMITS will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies PUSHING THE LIMITS’s acceptance of your order, nor constitutes confirmation of PUSHING THE LIMITS’s offer to sell. PUSHING THE LIMITS reserves the right at any time after receipt of your order to accept or decline your order for any reason. PUSHING THE LIMITS may charge and withhold the applicable sales tax for orders. Otherwise, you

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

PUSHING THE LIMITS respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the PUSHING THE LIMITS Services, please provide the following in an email to copyright@pushingthelimits.live to PUSHING THE LIMITS’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
a description of the copyrighted work that you claim has been infringed.
a description of the material that you claim 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 sufficient to permit us to locate the material.
information so that we can contact you, such as address, telephone number and email address.
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.
a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the PUSHING THE LIMITS Services, that were subsequently removed from the PUSHING THE LIMITS Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to PUSHING THE LIMITS’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

your physical or electronic signature.
a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

PUSHING THE LIMITS’s Copyright Agent can be reached as follows:
Email: copyright@PushingtheLimits.live

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the PUSHING THE LIMITS Services, please contact PUSHING THE LIMITS through our Contact Us page.

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the PUSHING THE LIMITS Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the PUSHING THE LIMITS Services. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services of PUSHING THE LIMITS’s Member stations, and the sites, applications, platforms and services that may link to or from the PUSHING THE LIMITS Services. These Terms of Use are governed by and construed under New York law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the PUSHING THE LIMITS Services shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about the PUSHING THE LIMITS Services or these Terms of Use, please contact us through our Contact Us page.

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