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TERMS OF USE FOR GROUP TWENTY 6

This Agreement sets forth the terms of agreement between Group Twenty 6, a division of Beach Monster (hereinafter "Group Twenty 6"), a California business, which owns and operates the Group Twenty 6 website to users who provide information or files to Group Twenty 6 to post on the Group Twenty 6 website. The parties hereto, intending to be legally bound, agree as follows:

1. Services Provided by Group Twenty 6 and Storage Fees. Group Twenty 6 agrees to make information and files created and/or recorded by user (hereinafter "Multimedia") available on the Group Twenty 6 website for browsing and for downloading by students, previous students, or other users ("Users"), and to make any images related to the Multimedia (hereinafter "images") available for viewing and downloading by Users. The proceeds from each sale of user’s Multimedia are not owned or collected by Group Twenty 6. Group Twenty 6 will make the user’s Multimedia available for other users to sample without charge, as controlled by the creators of the Multimedia, at their own option. This service is offered only for Multimedia and images that the user has created themselves, or has played a part in creating.

To provide premium services every month (unlimited searches, video uploads, file uploads, searching outside of a student's own school), the user agrees to pay Group Twenty 6 a monthly fee to maintain this agreement. This fee includes storing and prolonging the availability of the user’s premium Multimedia on the Group Twenty 6 website on a month-to-month basis at the then applicable published fee as of such monthly renewal date. Group Twenty 6 shall undertake to notify user of all prospective changes to fees, by publishing or giving notice of those changes in a notice to the user's email.

2. Grant of Non-Exclusive License. user hereby grants to Group Twenty 6 a royalty-free, non-exclusive license to post the Multimedia on the Group Twenty 6 website, and make entire selections or portions thereof available for viewing by the public, to those who have been suppliedwith a user's "public password". The user also grants to Group Twenty 6 a royalty-free, non-exclusive license to display user’s images for previewing and downloading along with any other Multimedia supplied by the user.

Group Twenty 6, being a division of Beach Monster, is an archive of information and recordings with a convenient search and viewing system. Users who visit the site and register are not charged for downloading materials, in accordance with the tariffs and rules set by Group Twenty 6. All Users must register in order to obtain full access to the Group Twenty 6 website. Non-registered users have limited access to the Group Twenty 6 website: they can only view general Group Twenty 6 information pages, and view public profiles if given a public password. Group Twenty 6 will make reasonable efforts to monitor the use of the Group Twenty 6 website to prohibit unqualified and/or unregistered users from downloading Multimedia, to prevent unqualified contact, and to prevent or minimize any interruption of accessibility to users, but Group Twenty 6 shall not be liable to user for any such prohibited usage or conduct, contamination, interruption in accessibility, or any archiving problems.

3. Payments to user. Group Twenty 6 does not currently intend to sell anything on users behalf, and does not intend to pay users for the privilege of distributing their Multimedia to other students (which is all under the Multimedia creator's control).

4. User Representation as to Intellectual Property Rights. The user represents and warrants to Group Twenty 6 as follows:

(a) that user is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use, the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the Multimedia and Images provided to Group Twenty 6 by user under this Agreement, including but not limited to the right to post on the internet, reproduce, and otherwise use the Multimedia and images;

(b) that user has conducted a thorough investigation as to the Multimedia and images concerning copyright infringement or other property rights of third parties;

(c) that the execution and delivery of this Agreement or the performance by Group Twenty 6 of the obligations hereunder will not violate any intellectual property rights of third parties; and

(d) that no claims with respect to the user’s intellectual property rights or third party intellectual property rights in the Multimedia and images are currently pending, nor to the knowledge of the user, are threatened by any person, nor, to the user’s knowledge, do any grounds for any claims exist.

user acknowledges that these representations and warranties are material to this Agreement, and that Group Twenty 6 is relying on these representations and warranties as consideration for agreeing to make the Multimedia and images available for on-line viewing. Group Twenty 6 reserves the right, at its sole discretion, to investigate the ownership of and rights to any and all Multimedia and images provided hereunder. By reserving these rights, Group Twenty 6 does not in any way assume an obligation to investigate or verify ownership of or rights to any Multimedia and images provided by user, and Group Twenty 6 may rely on user’s representations and warranties provided herein, even if Group Twenty 6 investigates such ownership. In addition to Group Twenty 6’s other rights to termination or otherwise hereunder, if Group Twenty 6 determines, or has reason to believe, that the user does not have the authority to produce the Multimedia and images, Group Twenty 6 will have no obligations to the user to provide any work or services with respect to such Multimedia and images.

User agrees to provide Group Twenty 6, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent trademark, copyright and licensing information. Group Twenty 6 wishes to protect property owners from the unauthorized distribution of the content of their property.

5. user’s Representations as to Content. In selecting to have Multimedia uploaded onto the Group Twenty 6 website, user represents and warrants to Group Twenty 6 that user has fully and accurately investigated and searched for the existence of any content that would be categorized as intellectual property infringement. Notwithstanding user’s representations herein, Group Twenty 6 reserves the right to decline to post any Multimedia content and/or images that it deems to be offensive or explicit, or to discontinue posting of such material without prior notice to user. The user further represents and warrants that the content supplied to Group Twenty 6 is free from contamination, viruses, or metadata that could damage or infect the Group Twenty 6 website users who download Multimedia from Group Twenty 6 website.

6. Limitation of Liability and Indemnification. Group Twenty 6 shall not be liable for any consequential, indirect, incidental, special or punitive damages or losses of any nature (including, without limitation, lost revenues, profits or goodwill or damage to reputation) (collectively, "Consequential Damages") suffered by user or anyone else, under any theory, whether foreseeable or unforeseeable, in connection with Group Twenty 6’s performance hereunder for any reason whatsoever, including without limitation, for any defects or errors in material or workmanship.

The user agrees to fully indemnify, defend, protect, and hold harmless Group Twenty 6 its respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "Indemnified Parties") against any liabilities, losses, claims, damages of any type or nature (including without limitation any consequential damages), causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description related to litigation, arbitration or otherwise) (collectively, "Damages") suffered, sustained, incurred or paid by the Indemnified Parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party for any reason whatsoever arising from the Multimedia and images provided by the user under this Agreement, including without limitation any alleged negligence of Group Twenty 6 and any alleged violation of patent, copyright, trademark, trade secret, or other proprietary right of any third party, (ii) any breach of any representation or warranty of the user set forth in this Agreement or the Intellectual Property Rights (IPR) form, or in any other form or document in connection herewith, and (iii) any damage, virus or infection originating from user’s Multimedia that contaminates the Group Twenty 6 website.

7. Internet Interruption and Website Contamination. Group Twenty 6 is not responsible to user for any interruption of access to the Group Twenty 6 website for any reason, or for any contamination, virus, or infection that causes damage to user’s content uploaded onto the Group Twenty 6 website. Group Twenty 6 is not responsible for any loss of revenue or goodwill to user due to any such interruption or contamination or due to any other reason, including but not limited to any damage to user’s reputation that may result.

8. Amendment and Termination. Group Twenty 6 reserves the right to change, amend, and supplement this Agreement at any time, at its sole discretion. Group Twenty 6 shall undertake to notify user of all prospective changes to the Agreement, by publishing or giving notice of those changes in an email to the user. In the event that user disagrees with any such changes to the Agreement, user should notify Group Twenty 6 at the email address: support (insert @ symbol) grouptwenty6.org immediately to terminate this Agreement. Notwithstanding anything herein to the contrary, Group Twenty 6 shall have the right, with or without any cause or reason, at any time, to terminate this Agreement or to decline to post, or to discontinue posting, of any or all of the Multimedia and/or images of the user, without prior notice to the user. The user reserves the right to terminate this Agreement at any time by notifying Group Twenty 6 as provided herein.

9. Notice. Whenever notice to user is required by this Agreement, publication on the "News" page, which is also fed onto the user's "Control Panel" page, or an email to the user shall be sufficient. Whenever Notice to Group Twenty 6 is required by this Agreement, the user agrees that Notice will be made in writing via e-mail to Group Twenty 6 at support (insert @ symbol) grouptwenty6.org that is acknowledged by an authorized representative of Group Twenty 6.

10. Arbitration; Jurisdiction. Any dispute, controversy or claim between user and Group Twenty 6 arising out of or related to this Agreement or the breach, termination, or validity thereof shall be resolved by arbitration in Los Angeles County, California in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA") including, without limitation, all rules providing for interim measures (injunctive relief) if interim measures are required, and judgment upon the final and binding award rendered by the Arbitrator(s) may be entered and enforced as a common law award by any court having jurisdiction over the parties. user agrees that user will be subject to the exclusive jurisdiction of the State of California, and that any venue or forum outside of the State of California shall be deemed improper and non-convenient for any dispute between Group Twenty 6 and user. All disputes will be heard by a single arbitrator. In any case where AAA or its successors are not in existence, the arbitration shall proceed with statutory arbitration under the appropriate state act, as deemed appropriate by Group Twenty 6. Group Twenty 6 and user hereby consent to such venue and jurisdiction for dispute resolution hereunder. user hereby waives personal service of any and all process upon it, and consents that all such service of process may be made by mail or messenger directed to it at user’s email address.

11. Governing Law. This Agreement, and any controversy or claim arising out of this Agreement, or the breach thereof, shall be governed by and construed according to the domestic laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction, including any jurisdiction outside of the United States of America) that would cause the application of the laws of any jurisdiction other than the State of California.