We’re making some changes at RecordSetter to get your videos seen by more fans! Here’s what it could mean for you:
- First-look consideration to appear in books, TV shows & ad campaigns, and to share revenue as we distribute your videos online
- The chance to go Pro with our RecordSetter Pro YouTube community
1. DESCRIPTION OF SERVICE
RecordSetter is an Internet-based service that permits users to view world records and submit their own world records. RecordSetter may contain advertisements, which are necessary to continue providing RecordSetter's services. RecordSetter is not responsible for third party advertisements or third party applications that are posted on the RecordSetter sites, nor is it responsible for the products provided by its advertisers.
2. MODIFICATIONS TO SERVICE
RecordSetter reserves the right to modify or terminate the RecordSetter sites for any reason at any time, temporarily or permanently, without prior notice. This includes, but is not limited to, the sale of RecordSetter to another entity. You agree that RecordSetter will not be liable to you for any modification or termination of the RecordSetter sites.
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Access and use of RecordSetter is void where prohibited. By accessing and using RecordSetter, you agree that:
* You are responsible for knowing and complying with all applicable rules regarding Internet use, including, but not limited to, local laws and regulations relating to acceptable on-line conduct and content;
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* All information, including, but not limited to, personal information and information relating to Records, that you submit to RecordSetter is truthful, accurate, and complete; and
* You will maintain the truthfulness, accuracy, and completeness of all information, including, but not limited to, personal information and information relating to Records, submitted to RecordSetter. This includes, but is not limited to, promptly notifying RecordSetter if any information, including, but not limited to, personal information and information relating to Records, changes.
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The RecordSetter service makes it possible to post images and text hosted on RecordSetter to outside websites. This use is permitted as long as pages on other websites which display data hosted on the RecordSetter sites provide an easily identifiable link back to RecordSetter.
6. WORLD RECORDS
RecordSetter is not and cannot be responsible for its User's or other's conduct or safety during any attempt to create a world record to submit to RecordSetter. BY USING AND ACCESSING THE RECORDSETTER SITES, YOU UNDERSTAND AND AGREE THAT YOU ATTEMPT TO CREATE A WORLD RECORD AT YOUR OWN RISK. If you do become involved in an attempt to create a world record, including, but not limited to, your own attempt to create a world record or supporting another User's attempt to create a world record, to the fullest extent permitted by applicable law, you release RecordSetter and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the attempt to create a world record.
7. USER CONDUCT
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While RecordSetter prohibits inappropriate conduct and Content on the site, you understand and agree that RecordSetter cannot be responsible for other User's conduct or the Content posted on the RecordSetter sites and you may be exposed to such inappropriate conduct or Content when you visit the RecordSetter sites.
8. RIGHTS IN USER CONTENT
“User Content” is Content that is posted by a User to the RecordSetter sites. By adding or uploading User Content to the RecordSetter sites, you are transferring ownership of such User Content to RecordSetter, including, but not limited to, any intellectual property rights you may have in such User Content. Such transfer irrevocably grants to RecordSetter the sole and exclusive worldwide ownership of all right, title and interest, (fully-paid, royalty-free, licensable and transferable (in whole or part) in and to the User Content and all elements thereof and the fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights that you own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, edit, adapt, translate, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in RecordSetter’s sole discretion, in all media formats and channels now known or hereafter devised (including, but not limited to, on websites, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity.
In addition, by uploading User Content to the RecordSetter sites, you understand and agree that RecordSetter may, in its sole discretion, deploy, disseminate, publish, upload, and transfer such User Content to the YouTube and Facebook websites for the purposes of monetizing such User Content and maximizing advertising revenue generated by such User Content. Such revenue shall be shared with you under the terms and conditions of the agreement located at so long as you consent to the terms and conditions of such agreement and provide us with the information we need to forward such revenue to you.
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Our designated agent ("Copyright Agent") to receive notification of claimed
infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is
Dan Rollman, RecordSetter, 228 Park Ave South, Suite 29280, New York, NY 10003-1502, [email protected], 646-912-6611 (phone), 206-600-4433 (fax).
After receiving a claim of infringement, RecordSetter will process and investigate the claims. Upon receipt of notices that comply or substantially comply with the DMCA's requirements, RecordSetter will act expeditiously to remove or disable access to any Content alleged to be infringing. RecordSetter will take reasonable steps to promptly notify the User that it has removed or disabled access to the User's Content.
If you believe your removed Content is not infringing, or that you have the legal authorization to post and use the removed Content, you may provide us with a counter notification by sending our Copyright Agent the following information in writing: Your physical or electronic signature; Identification of the Content that has 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; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RecordSetter may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a proper counter notification under the DMCA, RecordSetter will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. Additionally, RecordSetter will inform that person that it will replace the removed material and cease disabling access to it in 10-14 business days following receipt of the counter notice, unless RecordSetter's Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on RecordSetter.
10. USER DISPUTES
You are solely responsible for your interactions with other Users. RecordSetter has no obligation to become involved in any dispute between you and other Users (a "User Dispute"). However, RecordSetter reserves the right to become involved in any User Dispute at RecordSetter's sole discretion.
If you do become involved in a User Dispute, to the fullest extent permitted by applicable law, you release RecordSetter and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User Dispute.
13. DISCLAIMER OF WARRANTIES
YOUR USE OF RECORDSETTER IS AT YOUR SOLE RISK. RECORDSETTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND RELIABILITY OF USER CONTENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RECORDSETTER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. RECORDSETTER IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE RECORDSETTER SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES.
UNDER NO CIRCUMSTANCES SHALL RECORDSETTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE RECORDSETTER SITES OR CONDUCT OCCURRING IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE IN CONNECTION WITH AN ATTEMPT TO CREATE A WORLD RECORD.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF RECORDSETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROMDAMAGES, RESULTING FROMTHE USE OR INABILITY TO USE THE SERVICE; ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE AND ACCESS TO, OR IN CONNECTION WITH YOUR USE OR ACCESS TO, OUR WEBSITE; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
16. JURISDICTION AND DISPUTES
17. WAIVER AND SEVERABILITY OF TERMS
In order to proceed you need to agree to the terms below. Feel free to contact us if you would like to discuss.
Colorado Springs, Colorado, United States / March 10, 2015
Gracie A. performed a fire-breathing trick when she was just 8 years, 7 months, and 8 days old.
NOTE: Fire breathing is dangerous and should only be attempted with supervision, safety precautions, and proper training.
- must follow form of current world record holder
- must provide video evidence
Tags: trick, youngest, fire, kid, fire breathing
GracieAdams on 3/10/20153,964
LilythStarr on 10/25/20144,481
CatalinaFreue on 6/19/20124,711
EdwardHughes on 11/4/2011
Hiya I work as a professional fire breather and dancer and I just wanted to say how incredibly brave and spirited you are. At that age I hadn't even dreamed about doing it but that's just amazing very well done to you x
I've always been fascinated by fire breathers, so cool, Edward!
ive seen ppl do it but not that young
wow did u ever get burned
Edward That will be for the yellow jacketed folks to determine.
i wonder if this goes in the record book
12 years old 10 months 24 days
o thats my cuzin im half mexican
What's with the Russian(?) woman?
Edward - a day count would be more accurate here. Do you wanna provide the exact number of days old you are? You can use this tool to help with some quick math: http://www.timeanddate.com/date/duration.html