Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through the IndustryTV.com
domain name, the "IndustryTV Website", or "Website"), YOU
SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Service") AND THE TERMS AND CONDITIONS OF INDUSTRYTV'S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.industrytv.com/privacy.php,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms, then please do not use the
IndustryTV Website.
2. IndustryTV Website
These Terms of Service apply to all users of the IndustryTV Website,
including users who are also contributors of video content, information,
and other materials or services on the Website. The IndustryTV Website
may contain links to third party websites that are not owned or
controlled by IndustryTV. IndustryTV has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, IndustryTV will not and cannot censor
or edit the content of any third-party site. By using the Website, you
expressly relieve IndustryTV from any and all liability arising from
your use of any third-party website. Accordingly, we encourage you to be
aware when you leave the IndustryTV Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Website Access
A. IndustryTV hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without IndustryTV's prior written authorization; (iii) you will
not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these
Terms of Service.
B. In order to access some features of the Website, you will have to
create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure.
You must notify IndustryTV immediately of any breach of security or
unauthorized use of your account. Although IndustryTV will not be liable
for your losses caused by any unauthorized use of your account, you may
be liable for the losses of IndustryTV or others due to such
unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages to the
IndustryTV servers in a given period of time than a human can reasonably
produce in the same period by using a convention on-line web browser.
Notwithstanding the foregoing, IndustryTV grants the operators of public
search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials.
IndustryTV reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the
Website, nor to use the communication systems provided by the Website
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
4. Intellectual Property Rights
The content on the IndustryTV Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to IndustryTV,
subject to copyright and other intellectual property rights under United
States and foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and personal use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the
respective owners. IndustryTV reserves all rights not expressly granted
in and to the Website and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, ordistribution of User
Submissions of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the IndustryTV
Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the IndustryTV Website or the
Content therein.
5. User Submissions
A. The IndustryTV Website may now or in the future permit the
submission of videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or publishing
of such User Submissions. You understand that whether or not such User
Submissions are published, IndustryTV does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize IndustryTV to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii)
you have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service. For
clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to
IndustryTV, you hereby grant IndustryTV a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the IndustryTV Website and IndustryTV's
(and its successor's) business, including without limitation for
promoting and redistributing part or all of the IndustryTV Website (and
derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the IndustryTV Website a
non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The
foregoing license granted by you terminates once you remove or delete a
User Submission from the IndustryTV Website.
C. In connection with User Submissions, you further agree
that you will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the material
and to grant IndustryTV all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage IndustryTV or
any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any
law, or is otherwise inappropriate; (iv) post advertisements or
solicitations of business: (v) impersonate another person.
IndustryTV does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and IndustryTV expressly
disclaims any and all liability in connection with User Submissions.
IndustryTV does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
IndustryTV will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. IndustryTV reserves the right to remove
Content and User Submissions without prior notice. IndustryTV will also
terminate a User's access to its Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. IndustryTV also reserves the
right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as, but
not limited to, pornography, obscene or defamatory material, or
excessive length. IndustryTV may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) 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;
(iii) Identification of the material that is claimed 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 reasonably sufficient
to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v) 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; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
IndustryTV's designated Copyright Agent to receive notifications of
claimed infringement is: Legal Department, 2512 Artesia Blvd, Suite 120, Redondo Beach, CA 90278, email: copyright@IndustryTV.com, telephone:
310-802-6580, fax: 310-802-6581. For clarity, only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to
IndustryTV customer service through http://www.IndustryTV.com/contact.
You acknowledge that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the IndustryTV Website, you will be
exposed to User Submissions from a variety of sources, and that
IndustryTV is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against IndustryTV with respect
thereto, and agree to indemnify and hold IndustryTV, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the
site.
F. IndustryTV permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, IndustryTV provides
an "Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on
the Website, provided that you include a prominent link back to the
IndustryTV website on the pages containing the Embeddable Player.
IndustryTV reserves the right to discontinue any aspect of the
IndustryTV Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IndustryTV WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IndustryTV, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
IndustryTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE IndustryTV WEBSITE. IndustryTV DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IndustryTV WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND IndustryTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL IndustryTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE IndustryTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IndustryTV SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by IndustryTV from its
facilities in the United States of America. IndustryTV makes no
representations that the IndustryTV Website is appropriate or available
for use in other locations. Those who access or use the IndustryTV
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless IndustryTV, its
parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the IndustryTV
Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these Terms of
Service and your use of the IndustryTV Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are over the age of 13, as the
IndustryTV Website is not intended for children under 13. If you
are under 13 years of age, then please do not use the IndustryTV
Website—there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by IndustryTV without restriction.
11. General
You agree that: (i) the IndustryTV Website shall be deemed solely
based in California; and (ii) the IndustryTV Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
IndustryTV, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its
conflict of laws principles. Any claim or dispute between you and
IndustryTV that arises in whole or in part from the IndustryTV Website
shall be decided exclusively by a court of competent jurisdiction
located in Los Angeles County, California. These Terms of Service,
together with the Privacy Notice at http://www.IndustryTV.com/privacy.php
and any other legal notices published by IndustryTV on the Website,
shall constitute the entire agreement between you and IndustryTV
concerning the IndustryTV Website. If any provision of these Terms of
Service is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term or
any other term, and IndustryTV's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of
such right or provision. IndustryTV reserves the right to amend these
Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your
use of the IndustryTV Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms.
YOU AND INDUSTRYTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE INDUSTRYTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.td>
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