EFFECTIVE DATE APRIL 17, 2021
These Terms are effective as of the Effective Date above. If you have not reviewed the Terms since the Effective Date, please review these updated Terms carefully before using the Web Site. We may change these Terms in the future, so we encourage you to review them from time to time. If you do not agree with any changes to these Terms, your sole remedy is to discontinue your use of the Web Site. If you continue to use the Web Site after we change these Terms, such use will constitute your acceptance of all changes.
3. Registration and Access Controls.
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted portion of the Web Site unless you are above the required age. The Web Site is not intended for persons under the age of thirteen.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
4. Intellectual Property; License.
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Web Site (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Company, Company will retain all right, title, and interest in and to the Web Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Web Site and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4A below or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in Section 4A below or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Company video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
4A. Viral Distribution.
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing mash-ups. We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by us or any person appearing therein when redistributing Content. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that: (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
5. Copyright & Other Legal Complaints.
If you believe that Content on the Web Site violates your copyright, please send us a notice of the claimed violation using the Company’s contact page:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• a statement that the complaining party has 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; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
If you believe that any content on the Web Site violates your rights other than copyrights, please contact our Copyright Agent using the contact information above. Your communication must:
• identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
• explain what rights you have and why you believe the material violates your rights; and
• provide accurate information that we can use to contact you.
6. Third-Party Content.
9. Mobile Features.
The Web Site may offer features and services that are available to you by means of your mobile phone or other mobile device, including the ability to receive messages from the Web Site (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
10. Acceptable Use.
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
• Access the Web Site using any interface other than ours;
• Maintain any link to the Web Site that we ask you to remove, in our sole discretion;
• Frame the Web Site or Content, make the Web Site or Content available by means of in-line links, otherwise display the Web Site or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Company or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
• Remove, modify, disable, block or otherwise impair any advertising in connection with the Web Site;
• Interfere with others using the Web Site or otherwise disrupt the Web Site;
• Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Web Site;
• Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Company;
• Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Web Site;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Web Site or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
• Access any portion of the Web Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate these Terms, including, without limitation, this Section 10, we may terminate your access to the Web Site without notice, and take any other actions or seek any remedies permitted by law.
11. Access to Web Site and Accounts.
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
• Change or discontinue the Web Site;
• Change how we offer and operate the Web Site (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
• Remove Content from the Web Site;
• Restrict, suspend or terminate your access to the Web Site or any feature thereof; and
• Deactivate your account(s) and delete all related information and files in your account(s).
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access, you must immediately stop using the Website.
12. Unsolicited Submissions.
We do not accept unsolicited submissions, including scripts, story lines, articles, drawings, suggestions, ideas or concepts. It is our policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in this Web Site or any other creative work produced by the Company or any talent hired by us would be purely coincidental.
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company and its affiliates, and their respective directors, officers, employees, shareholders, partners, managers, members, vendors, , contractors, agents, licensors, licensees or other representatives and all of their successors and assigns with respect to all third-party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site (including, without limitation use of your account, and claims arising from User Content). The Company retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 12 without our prior written approval.
14. Disclaimers; Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT REPRESENT OR WARRANT: (1) THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE WEB SITE OR THE SERVERS HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE WEB SITE OR INFORMATION AVAILABLE THROUGH THE WEB SITE WILL CONTINUE TO BE AVAILABLE, AND NO PARTY SHALL HAVE ANY LIABILITY FOR ANY SUCH MATTERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.
THE COMPANY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, PANDEMIC, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER CONTENT, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY’S LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, VIDEO OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ALL APPLICABLE CIVIC OF THE STATE OF GEORGIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY.
15. Governing Law, Venue, and Jurisdiction.
These Terms and all claims between you and Company arising from or related to your use of the Web Site will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to choice of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Web Site or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
16. Disputes; Arbitration.
Any dispute relating in any way to your visit to the Website or to products or services you purchase through the Website shall be submitted to confidential binding arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms shall be conducted before a single arbitrator under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.
If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
If you do not agree to these Terms, you should immediately stop using the Web Site. Any User Content you submitted while using the Web Site will continue to be governed by Section 6 of these Terms.
Sections 6 and 10-17 of these Terms will survive any termination of your access to the Web Site, whether we terminate your access or you voluntarily discontinue your use.
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