1. BINDING EFFECT. This is a binding agreement between you and The Uncarved Block, LLC dba Dropshipping Titans. By submitting a request to appear as a guest on the Paul J Lipsky YouTube channel (hereinafter “the YouTube channel”, “we”, “our”, “us”, “The Uncarved Block”, “The Uncarved Block, LLC”), you expressly agree to the terms and conditions detailed herein. The YouTube channel is intended only for individuals aged 18 or older.
2. PRIVACY POLICY. We believe in being transparent in relation to our privacy practices when collecting information from you which you can find in our Privacy Policy. Our privacy policy is expressly incorporated into these Terms of Use by this reference.
3. REQUESTS TO BE GUESTS. You may submit a request to appear as a guest on an episode of The YouTube Channel during which you will receive advice regarding the subject matter submitted and your business in general as decided by us. You may only submit one request to appear per calender week. We shall select one entry from all entries received to appear on
4. SHARED INFORMATION. If you are selected to appear on The YouTube Channel, you acknowledge and agree that information you’ve submitted will be discussed and expanded upon in an episode that will be available to an audience consisting of the general public, including your potential competitors. Should you have any trade secrets or other confidential information you do not wish shared, you should either not participate in The YouTube Channelor alert us prior to the recording of the episode. The YouTube Channel shall then, in its sole discretion, determine whether to proceed with the appearance. To this end, you guarantee and warrant your appearance on The YouTube Channel and the information you provide thereon will not violate or materially breach any other contractual agreement or obligations you have with a third party.
5. YOUR CONTENT AND INFORMATION. You grant us a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use the information and materials you submit to us when requesting to be a guest and during your appearance on The YouTube
(a) to reproduce the Information and Materials in
(b) to create and reproduce derivative works incorporating all or part of the Information and Materials;
(c) to distribute copies of, display publicly,
These rights may be exercised in all media and formats whether now known or hereafter devised and include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. You agree that we may publish or otherwise disclose your name and image in connection with the Information and Materials and hereby waive any right of publicity or privacy claims. By providing Information and Materials to us, you warrant and represent that you own the rights to the Information and Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
6. RECORDING, BROADCAST, PERFORMANCE. In submitting a request to appear or appearing on The YouTube Channel, you hereby consent to the recording, broadcasting, publicly performance, and other distribution of your voice, image, and the content of the episode you appear in including, but not limited to, Information and Materials provided by you as part of a video on The YouTube Channel. To this end, you expressly waive any privacy or right of publicity claims. You further acknowledge that we are the sole owner of all rights in and to the video, and the recording thereof, including the use of Information and Materials you submit under the license detailed herein these Terms of Use, for all purposes; and has the right, among other things, to edit and distribute the episode one or more times by any medium or mode of transmission whatsoever without your permission. You further grant us the right to include a recording of the episode in a compilation of videos and to provide text versions of the recording to the Paul J Lipsky YouTube channel audience.
7. CONSIDERATION. You will receive no monetary compensation in consideration for entering into this agreement, assigning rights to us, or appearing on The YouTube Channel. The value of receiving advice at no cost from Paul J Lipsky on The YouTube Channel and having yourself, your business, and, if applicable, a product or service exposed to the audience of The YouTube Channel shall be considered the consideration granted to you for entering into this agreement.
8. OUTCOMES. You understand and agree that the advice and coaching you receive from The YouTube Channel is not guaranteed or warranted to produce a particular income or outcome including, but not limited to, a resolution of any business difficulties you are experiencing or growth in business revenues and profits.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing THe YouTube Channel or submitting comments or requests to appear in an episode, you agree to obey the law and to respect the intellectual property rights of others. Your use of and submissions to us is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. INAPPROPRIATE CONTENT. You shall not submit the following types of Content to us: any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.
11. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to submit a claim of infringement. Our DMCA Policy is expressly incorporated into this agreement by this reference.
12. NO WARRANTIES. THE UNCARVED BLOCK, LLC HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE YOUTUBE CHANNEL AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE UNCARVED BLOCK, LLC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE UNCARVED BLOCK, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE UNCARVED BLOCK, LLC, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE YOUTUBE CHANNEL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE YOUTUBE CHANNEL WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE UNCARVED BLOCK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE YOUTUBE CHANNEL, OR ANY INFORMATION AND MATERIALS OFFERED IN ANY VIDEO ON THE YOUTUBE CHANNEL. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. NOTWITHSTANDING THE ABOVE, SHOULD YOU BE DECLARED THE PREVAILING PARTY IN ANY LEGAL ACTION AGAINST US, YOU AGREE THE MAXIMUM AWARD PERMITTED SHALL BE NO MORE THAN ONE THOUSAND UNITED STATES DOLLARS ($1,000).
14. AFFILIATED SITES. From time-to-time,
15. PROHIBITED USES. We impose certain restrictions on your permissible use of videos from The YouTube Channel. You are prohibited from violating or attempting to violate any security features used by us, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of us, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our platforms, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Uncarved Block, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to The Uncarved Block, LLC or appearance in an episode, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. COPYRIGHT. All contents of The YouTube Channel are © 2019 The Uncarved Block, LLC. All rights reserved.
18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York, New York depending on the nature of your legal claims, in all disputes arising out of or related to The YouTube Channel.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO LICENSE. Nothing contained in these Terms of Use or The YouTube Channel should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
21. EMAIL COMMUNICATIONS. When you contact us or submit a request to appear in a video on The YouTube Channel, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.
22. UNITED STATES USE ONLY. The YouTube Channel and pauljlipsky.com are controlled and operated by The Uncarved Block, LLC. The domain of the website is registered in the United States and The YouTube Channel is hosted in the United States. We do not envisage offering goods or services to individuals in the European Union as detailed in the General Data Protection Regulation. The intended audience for The YouTube Channel consists of individuals in the United States only. We make no representation that our practices comply with the requirements of any other jurisdiction. Your submission of a request to appear in a video on The YouTube Channel should not be construed as The Uncarved Block, LLC purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.
23. AMENDMENTS. We reserve the right to amend these Terms of Use at any time. Should we seek to make such an amendment and consider the amendment to be material in nature in our own discretion, we shall publish notice of the change on The YouTube Channel and provide thirty (30) days notice of the change. You may then choose to accept the amendment or not during this time period. If you do not accept the amendment, please discontinue your use of our services.