TERMS OF USE
WELCOME TO DAILYFILM.TV. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ACCESS INTELLIGENCE, LLC REGARDING YOUR USE OF OUR DAILYFILM.TV WEB SITE AND NETWORK.
These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Access Intelligence, LLC ("AI", "we", "us", or "our") regarding your use of the DAILYFILM.TV Internet Web site located at http://www.Dailyfilm.tv (“Site”), as well as the associated Web pages, services, features and functions made available by AI (individually and collectively, the "Dailyfilm Network"). The term "Dailyfilm Network" also includes any and all substantially identically branded, equivalent, mirror, replacement, substitute or backup Web sites and Web pages and those containing authorized AI Content.
YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE EACH USE OF THE DAILYFILM NETWORK.
The Dailyfilm Network is offered and made available only to users 13 years of age or older and if you are not yet 13-years-old, or your use of the Dailyfilm Network is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Dailyfilm Network immediately. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE DAILYFILM NETWORK: (I) YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE AND MEET ALL OTHER ELIGIBILITY REQUIREMENTS FOR YOUR USE OF THE DAILYFILM NETWORK AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE DAILYFILM NETWORK, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE DAILYFILM NETWORK, IS TO STOP USING THE DAILYFILM NETWORK AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR REGISTRATION OR USE OF THE DAILYFILM NETWORK.
When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Communities, Posting and Content (all as defined below), any features, functions and services we make available to you from time to time through the Dailyfilm Network (e.g., our Video Submission Agreement which governs your use of our Video Submission Service), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (collectively "Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy set forth below. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of the Dailyfilm Network, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print or copy from the Dailyfilm Network, transmit, Post (as defined below), receive or exchange data or communicate with the the Dailyfilm Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Dailyfilm Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Dailyfilm Network that may direct your browser or your connection to third party Web sites or Web pages.
1. REGISTRATION.
There are portions of the Dailyfilm Network that we make available to users in the general public without registering and you may visit and browse those portions without charge or obligation. In order to access and use certain services, features or functions of the Dailyfilm Network, such as our Communities, our Video Submission Service, and in general any interactive feature of the Dailyfilm Network, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other personally identifiable information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the Dailyfilm Network. Please read our Privacy Policy, which describes the non-public, personally identifiable information we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
2. MODIFICATIONS.
These Terms of Use are effective as of March 1, 2009. [Fill in current date or date when Terms of Use are modified.] We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the Dailyfilm Network and we may at our sole discretion e-mail you about these changes. Once we post them on the Dailyfilm Network, these changes become effective immediately and if you use the Dailyfilm Network after they become effective it will signify your agreement and suffice as your consent to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Dailyfilm Network and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2009 Access Intelligence, LLC – All Rights Reserved.
The Dailyfilm Network, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Dailyfilm Network, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of AI and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
All Content on the Dailyfilm Network is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. AI authorizes you to access Content and grants you the right to use the Dailyfilm Network solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Dailyfilm Network, including notices on any Content you download, transmit, display, print or reproduce from or to the Dailyfilm Network. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or through a third party Web site) or otherwise use, any Content without the express prior written consent of AI. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our Video Submission Agreement (set forth below) that applies specifically to that service.
You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the Dailyfilm Network, unless you are expressly authorized to do so by AI. As an express condition of your use of the Dailyfilm Network, you warrant to AI that you will not use the Dailyfilm Network for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. AI makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE IMPORT OR EXPORT FROM THE UNITED STATES OF AMERICA OF CONTENT, WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Dailyfilm Network.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, AI has adopted the following Intellectual Property Compliance Policy. If you or any user of the Dailyfilm Network believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Jessica Clegg
Access Intelligence, LLC
110 William Street 11th flr.
New York, NY 10038
Phone: 212 621 4626
Fax: 212 621 4683
contact@dailyfilm.tv
On notice, we will act expeditiously to remove content on the Dailyfilm Network that infringes the copyright rights of others and will disable the access to the Dailyfilm Network and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided under the DMCA. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of the Dailyfilm Network, including, without limitation, "Dailyfilm", are the intellectual property of and proprietary to AI, its affiliates, its or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of AI.
4. WEB COMMUNITIES, FORUMS AND POSTINGS.
The Dailyfilm Network may contain forum services, Web communities, and other message and communication facilities ("Communities") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting." AI reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that AI deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, AI shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK AND AI NEITHER ENDORSES NOR CONTROLS USER POSTINGS AVAILABLE, DELIVERED OR DISPLAYED IN THE COMMUNITIES. AI NEITHER ASSUMES THE DUTY TO MONITOR OR ENDORSE POSTINGS WITHIN THE COMMUNITIES, NOR DOES AI REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY THEREOF OR THAT ANY POSTING COMPLIES WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT. YOU SHOULD NEVER RELY UPON ANY POSTING AS BEING TRUE, ACCURATE OR GENUINE.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or the Dailyfilm Network, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Dailyfilm Network. Postings do not reflect the views of AI or any of its affiliates. In no event shall AI or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Dailyfilm Network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on AI and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Dailyfilm Network and affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting AI and its affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to AI, any affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant AI and its affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Dailyfilm Network per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Dailyfilm Network (including, without limitation, Poatings) violates any of the terms of this Agreement (except for any notices covered by the Intellectual Property Compliance Policy set forth above), please send us a facsimile message about it at the following address:
Access Intelligence, LLC
4 Choke Cherry Road, Second Floor
Rockville MD 20850
Fax: 212 621 4683
Attn.: Jessica Clegg
For any alleged violation of AI’s Intellectual Property Compliance Policy, please refer to Section 3 above. While we will use commercially reasonable diligence to respond to your message, we cannot “guarantee” a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
5. RULES OF CONDUCT.
Your use of the Dailyfilm Network is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Dailyfilm Network, or knowingly condone use of the Dailyfilm Network by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Dailyfilm Network, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Dailyfilm Network, or from advertising, linking or becoming a supplier to us in connection with the Dailyfilm Network;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Web site or Web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
• gain unauthorized access to the Dailyfilm Network, other users' accounts, names, User IDs, personally identifiable information or other computers, Web sites or Web pages, connected or linked to the Dailyfilm Network or to use the Dailyfilm Network in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Dailyfilm Network or the rights or use and enjoyment of the Dailyfilm Network by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Dailyfilm Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You agree to indemnify, defend and hold AI, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the Dailyfilm Network or your unauthorized use of any Content. AI reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with AI in the defense of any such claim, action, settlement or compromise negotiations, as requested by AI.
6. ADVERTISING.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "advertisers") as a result of your use of the Dailyfilm Network. All such communication, interaction and participation is strictly and solely between you and such advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertiser or any goods or services you may purchase or obtain from any advertiser).
7. SHOPPING.
If e-commerce is offered on the Dailyfilm Network, all e-commerce is brought to you by third party operational service providers. All goods and services offered for sale on the Dailyfilm Network (collectively "Products") are warranted by the specific manufacturer, licensor or distributor and not AI. To correct, repair or replace defective Products, you must communicate with the specific manufacturer, licensor or distributor of the Products. We have no responsibility or liability whatsoever for Products you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a site or page through the Dailyfilm Network. Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Products. You agree that your sole and exclusive remedy for defective Products lies with the specific manufacturer, licensor or distributor of the Products and not AI. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Dailyfilm Network are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Dailyfilm Network. If an order consists of multiple items, they may be shipped separately depending on availability.
8. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES.
The Dailyfilm Network may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from AI, either by registering on the Dailyfilm Network or via their wireless device. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.
Users that register for AI's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from AI. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will AI or any of its affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
Users understand, acknowledge and agree that AI may, at its sole discretion and without liability to any such users, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. AI may provide notice of terminations or changes in services on the Dailyfilm Network.
9. VIRAL FEATURES.
There may be portions of the Dailyfilm Network Content, functionality or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit the Dailyfilm Network or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized Web pages, whether they are displayed or appear embedded or housed within a Web page or Web site of anyone else, whether a commercial Web site or Web page, an advertisement, promotional message or even a personalized or customized Web page of a friend or through any device that can access any of these Viral Features) you are bound by the applicable provisions of this Agreement, our Privacy Policy and our Video Submission Agreement.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS.
From time to time, AI or its affiliates or the Dailyfilm Network's operational service providers, suppliers, and advertisers, may conduct promotions on or through the Dailyfilm Network, including, without limitation, auctions, contests and sweepstakes (collectively "Promotions"). Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
11. PODCASTING.
The Dailyfilm Network may provide podcasts ("Podcasts") consisting of selected audio content from the Dailyfilm Network that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play Podcasts. AI is not responsible for providing such software or hardware. Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Podcasts are reserved by AI or the content provider. Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Podcasts except as expressly authorized in this Section 11.
By your access to and use of Podcasts, you understand, acknowledge and agree that the Dailyfilm Network, AI or their affiliates do not warrant that its podcasting service will operate on all user equipment. Please see the "Disclaimer and Limitations of Liability" section below for further details.
12. HYPERLINKS TO THIRD PARTY SITES.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Dailyfilm Network or any other form of link or re-direction of your connection to, with or through the Dailyfilm Network, does not constitute an endorsement by AI or any of its affiliates, or does AI or any of its affiliates or any of their affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers incur any obligation, responsibility or liability therefrom. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site in any manner. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy below, which describes how AI collects and uses your personally identifiable information.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE.
If you are registered to use the Dailyfilm Network, you may deactivate your account on the Dailyfilm Network at any time and for any reason. We may terminate your use of and registration on the Dailyfilm Network at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE DAILYFILM NETWORK, AND ALL MATERIALS, CONTENT, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE DAILYFILM NETWORK WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Dailyfilm Network. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Dailyfilm Network, including, without limitation, Postings and Materials associated with your use of the Dailyfilm Network.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DAILYFILM NETWORK, AI OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE DAILYFILM NETWORK OR FROM THIS AGREEMENT. AI DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. AI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
15. ADS AND MALWARE.
We take great care and pride in creating the Dailyfilm Network. We are always on the lookout for technical glitches that effect how the Dailyfilm Network works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Dailyfilm Network -- and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Dailyfilm Network, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Dailyfilm Network is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Dailyfilm Network and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
16. INTERNATIONAL USE.
Although the Dailyfilm Network may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Dailyfilm Network from other locations do so on their own initiative and are solely responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the Dailyfilm Network is void where prohibited.
17. MISCELLANEOUS TERMS.
Without limitation, our Privacy Policy, Video Submission Agreement, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and AI and supersedes any and all prior, inconsistent or other understandings relating to the Dailyfilm Network and your use of the Dailyfilm Network. This Agreement cannot be modified, changed or terminated, except as specifically described herein.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Dailyfilm Network, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Dailyfilm Network shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that AI has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE DAILYFILM NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.
PRIVACY POLICY
This Privacy Policy (“Policy”) discloses the privacy practices for: (i) AI and (ii) the Dailyfilm Network and various related services. AI, in connection with the provider of the Dailyfilm Network, is committed to protecting your privacy online. Please read the information below to learn our policies regarding your use of the Dailyfilm Network.
YOU ACKNOWLEDGE THAT THIS POLICY IS PART OF THE DAILYFILM NETWORK’S TERMS OF USE, AND BY ACCESSING OR USING THE DAILYFILM NETWORK, YOU AGREE TO BE BOUND BY THE POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE POLICY, PLEASE EXIT THE DAILYFILM NETWORK NOW. YOUR REMEDY FOR DISSATISFACTION WITH OUR POLICY OR THE SERVICES PROVIDED ON OR THROUGH THE DAILYFILM NETWORK, IS TO STOP USING THE DAILYFILM NETWORK. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THE POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE DAILYFILM NETWORK.
In general, you can visit the Dailyfilm Network on the Internet without telling us who you are or giving us your personally identifiable information. There are times when we may need information from you, for instance: when you register or Post information on the Dailyfilm Network or provide feedback to us. As to all of the information described below, AI will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below). When we collect information from you, you may tell us that you do not want it used for further marketing contact and we will respect your wishes. You may also turn off cookies in your browser. For more information on what a “cookie” is and how it works, please see below.
We reserve the right to change this Policy at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address that you listed when registering and posting the revised Policy on this page. You acknowledge and agree that once you register, it is your responsibility to maintain a valid e-mail address, review this Policy periodically, and be aware of any modifications. Your continued use of the Dailyfilm Network after any such modifications will constitute your: (a) acknowledgment of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.
1. TYPES OF INFORMATION COLLECTED.
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the Dailyfilm Network.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Dailyfilm Network, such as registering or Posting material, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. We may ask, however, that you provide us personal information, such as your first and last name, e-mail address, and/or other PII. We may also collect information from you at other points on the Dailyfilm Network that state that such information is being collected. However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement.
Non-Personally Identifiable Information (“Non-PII”): This refers to information that does not by itself identify a specific individual. We may gather certain general information about you based upon where and how you visit the Dailyfilm Network in several ways. This information may be compiled and analyzed on both an individual and an aggregated basis. This information may include the Dailyfilm Network's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and/or your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web (“Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web or allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
We only use your PII to provide our services to you. We DO NOT share your PII with anyone else. We may use PII to deliver information to you and to contact you regarding administrative notices. We may also use PII to resolve disputes, troubleshoot problems, and enforce our agreements with you. We will also use Non-PII to enhance the smooth operation of the Dailyfilm Network, improve our marketing and promotional efforts, statistically analyze the Dailyfilm Network’s use, improve our service offerings, and customize the Dailyfilm Network’s content, layout, and services. We DO NOT share your Non-PII with anyone.
2. ONLINE SERVICES.
When you register with AI’ online services, we collect your name, email address, city, state, and postal code, and other information necessary to service your account. You acknowledge that by signing up for online services you are also opting in for e-mail announcements or alerts. We will use your email address to send you updates and alerts on AI’ online services. This helps us keep you informed of our online services and better serve you. You will not receive any electronic or other correspondence from third parties.
3. COMPELLED DISCLOSURE.
If we are required by law to disclose the information that you have submitted, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address. We will independently object to overly broad requests for access to information about users of the Dailyfilm Network. If you do not challenge the disclosure request, we may be legally required to turn over your information to law enforcement agencies or a court of competent jurisdiction.
4. UPDATING AND CORRECTING INFORMATION.
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account by writing us at:
Access Intelligence, LLC
4 Choke Cherry Road, Second Floor
Rockville MD 20850
Phone: 504-891-8969
Fax: 212-621-4683
Attn.: Matt Arnstrong
contact@dailyfilm.tv
Please include your name, address, and/or e-mail address when you contact us.
We encourage you to promptly update your PII if it ever changes. You may ask to have the information on your account deleted or removed. While we will comply to the best of our ability, it may be impossible to completely delete your information without some residual information remaining because of backups.
5. SECURITY OF INFORMATION.
At the Dailyfilm Network, you can be assured that your PII is secure, consistent with current industry standards. The importance of security for all PII associated with our users is of utmost concern to us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) 256-bit encryption protocol, which prevents unauthorized parties from viewing such information when it is transmitted.
In order to most efficiently serve you, credit card transactions are directly handled by established third-party banking and processing agents who receive the information needed to verify and authorize your credit card or other payment information. AI does not currently receive any of your credit card information, however, this policy is subject to change.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we conscientiously strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Dailyfilm Network cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by a third party.
6. PRIVACY POLICIES OF THIRD-PARTY SITES
As a public service, we may maintain links to other Web sites. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through the Dailyfilm Network have their own privacy policies and data collection, use, and disclosure practices. For more information on this topic, please consult each specific site’s privacy policy. You acknowledge and agree that we are not responsible for the policies or practices of third parties.
7. COOKIES.
When you use the Dailyfilm Network, we will store cookies on your computer in order to authorize access to our private content and to facilitate and customize your use of the Dailyfilm Network. A cookie is a small data text file, which is stored on your computer's hard drive (if your Web browser permits). Cookies contain information that can be read later by a Web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. Our cookies (i) make your use of the Dailyfilm Network easier, (ii) make the Dailyfilm Network run more smoothly, (iii) permit authenticated users to visit private content on the Dailyfilm Network, and (iv) help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of the Dailyfilm Network may not work properly in that case. Once you leave the Dailyfilm Network, the “cookie” remains on your hard drive while you are connected to the Web in case you choose to visit the Dailyfilm Network again. However, the cookie is deleted when you close your Web browser. At no time will our “cookie” collect your PII.
8. MISCELLANEOUS PRIVACY ISSUES.
You must be at least 13 years old to have our permission to use the Dailyfilm Network. Our policy is that we do not knowingly collect, use, or disclose PII about visitors that are under 13 years of age. If you have any questions about this Policy, the practices of the Dailyfilm Network, or your dealings with the Dailyfilm Network, please send us a letter via facsimile to:
Access Intelligence, LLC
4 Choke Cherry Road, Second Floor
Rockville MD 20850
Fax: 212-621-4683
Attn.: Jessica Clegg
VIDEO SUBMISSION AGREEMENT
This Video Submission Agreement was last modified on March 1, 2009 and is effective immediately.
PLEASE READ THIS VIDEO SUBMISSION AGREEMENT ("VIDEO AGREEMENT") CAREFULLY BECAUSE IT IS A PART OF THE TERMS OF USE AND REPRESENTS YOUR LEGALLY BINDING AGREEMENT WITH US REGARDING YOUR USE OF THE DAILYFILM NETWORK VIDEO SUBMISSION SERVICE ("SERVICE"). Unless defined separately, terms used in this Video Agreement are defined in our Terms of Use. The Service may operate not only on and in conjunction with the Dailyfilm Network, but also the Web sites of AI’s affiliates, our or their licensors, suppliers, agents, licensees, franchisees, representatives, successors and assigns, and third parties with whom we have made arrangements to make all or any part of our Service available (collectively, the "AI Entities" and, individually, an "AI Entity") and consequently all references to our Service, unless the context clearly requires otherwise, includes the Dailyfilm Network and their Web sites related to our Service as well.
When you click on (or select) the "I ACCEPT" box to upload your video, or by using or attempting to use the Service, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with AI. If you are acting as an officer, director or employee of an organization, by accepting, you represent and warrant you have full legal authority to bind that employer or entity. All users who want to submit videos or use any of the interactive features of our Service, such as commenting on videos, or our Web Communities and Forums, must be registered users of the Dailyfilm Network.
We have the right to change the terms and conditions of this Video Agreement any time as described in our Terms of Use. If you do not agree with all the terms and conditions of this Video Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Service. If you do any of these things, you acknowledge and agree to be bound by all of the terms and conditions of this Video Agreement, including, without limitation, any changes we have made.
IMPORTANT NOTICE: You must meet the Age Requirements in Section 2 of this Video Agreement and the Content Requirements in Section 3 of this Video Agreement and each and every time you submit or attempt to submit a video, among other things, you will be asked to confirm your compliance.
1. SUBMITTING VIDEOS.
We use the term "video" to mean and refer to any and all content, media and materials you submit to or for the Service, whether directly to us through the Dailyfilm Network or through any of the AI affiliates, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world.
To submit videos to the Service you must upload your video (transmit a copy of the digital video file) through the Internet through the Dailyfilm Network or you may be able to do so through a Web site of one of the AI affiliates with whom we have made arrangements that will allow you to upload your videos through their Web site. Whether directly through the Dailyfilm Network or an AI affiliate, each time you upload or submit your video (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Video Agreement. The instructions for uploading your video are on (or a link to the instructions may reside on) the Web page provided for the upload of your video. To be considered for Posting and display to the public, your video must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on (or a link to the instructions may reside on) the Web page for uploading your videos. In order to submit videos, you will also need to meet our Age Requirements (set forth in Section 2 below) and your video must meet our Content Requirements (set forth in Section 3 below). If you submit videos to an AI affiliate, you may also be required to comply with other requirements or agree to certain additional terms and conditions. In such case, you should check with that AI affiliate for any additional requirements or terms and conditions, since that AI affiliate, not us, controls its own Web site and submission and display requirements, as well as the information it may obtain about you during that process.
When you submit a video to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your video, you are also agreeing and you understand that the term "video" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your video and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable videos. Proof that you submitted a video does not constitute proof that we or any AI affiliate received anything.
2. AGE REQUIREMENTS.
The Service is only available for use by persons who are 13 years of age or older and you may not use or be registered to use the Service if you are under the age of 13. Some material on or accessible from the Service may not be suitable for children. If you are not yet 13-years-old, do not use or attempt to use the Service. You should carefully read our Privacy Policy for more information regarding the collection of personal information from children. Even if you are over 13-years-old, certain restrictions still apply if you are considered a minor where you live. While definitions of “adult” may vary depending on where you live, in general persons under the age of 18 are considered minors. You may not register to use the Service and you cannot agree to be bound by this Video Agreement on your own behalf if you are a minor. If you are at least 13 years old, but are still a minor (e.g., under 18) you will be referred to in this Video Agreement as a "teenager" and you must present this Video Agreement to your parent or legal guardian and we have the right to request that he or she provide certain additional information. If you are a teenager, when you click the "I ACCEPT" box on the video upload Web page, you are confirming to us that you have received your parent’s/guardian’s express consent to do so and that your parent/guardian: (i) has read and, on your behalf, agreed to be bound by this Video Agreement, (ii) is not a minor and is entering into this Video Agreement on behalf of you, the teenager and (iii) understands, agrees and shall be fully responsible for you, their teenager’s, use of the Service. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in the Video Agreement or he or she does not wish you to register for the Service, do not click the "I ACCEPT" box and do not use or attempt to use the Service.
3. CONTENT REQUIREMENTS.
You are solely responsible and liable for your communications and submissions (and the consequences therefor) made under your name, user name, User ID, email address, password and your registration and profile information, if any. Videos do not reflect the views of AI or any AI affiliate and neither AI, nor any of its affiliates represents or guarantees the truthfulness, accuracy, or reliability of any video, nor endorses or supports any opinions expressed in any videos, and except for attempting to prevent Unauthorized Content (as defined below) from being displayed, we do not filter or screen any videos. In no event shall AI or any AI affiliate have or be construed to have any responsibility or liability for or in connection with any of your videos. If we determine, in our sole discretion, that you have not met the Age Requirement under Section 2 above or our Content Requirements or if, in our sole judgment, you or any video you submit violates this Video Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Video Agreement, at law or in equity, to: (a) refuse to allow you to submit further videos, (b) remove and delete your videos, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Video Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim that the Service or any video is appropriate for any particular purpose or audience, or that any video, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You understand, acknowledge and agree that you are responsible for compliance with the laws of your jurisdiction. The United States of America controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as AI deems appropriate in its sole discretion, any "Unauthorized Content" which is defined as any video that is or could be construed as violating any of the terms and conditions of this Video Agreement, and/or any of the Rules of Conduct set forth in our Terms of Use, including, without limitation:
• causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Service;
• unauthorized access to the Service or information of other users;
• the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Service; or
• any requirements, rules, terms or conditions that may be applicable to any AI affiliate in connection with the Service.
Neither AI nor any AI affiliate controls any video submitted and, although we may use both automated and manual means of reviewing videos in order to prevent Unauthorized Content from appearing and being displayed on the Dailyfilm Network, we do not have any obligation to you to review, evaluate or monitor videos for that or any other purpose. AI reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you, any video that AI deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Video Agreement or to be unacceptable to Ai or any AI affiliate, for any reason or for no reason whatsoever; provided, however, that AI shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If AI receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law pursuant to Section 4 below, AI may remove videos associated with such claim. AI reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect its respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
4. INTELLECTUAL PROPERTY; CONTENT REQUIREMENT VIOLATIONS.
If you believe that any content on the Dailyfilm Network (including, without limitation, videos) violates any of the terms of this Video Agreement (except for any notices covered by the Intellectual Property Compliance Policy in Section 3 of the Terms of Use), please send us a facsimile message about it at the following address:
Access Intelligence, LLC
4 Choke Cherry Road, Second Floor
Rockville MD 20850
Fax: 212-621-4683
Attn.: Jessica Clegg
For any alleged violation of AI’s Intellectual Property Compliance Policy, please refer to Section 3 of the Terms of Use. While we will use commercially reasonable diligence to respond to your message, we cannot “guarantee” a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
5. RIGHTS GRANTED TO AI AND ITS AFFILIATES.
In connection with each and every video you submit to or through the Service, you grant to AI and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your video on the Dailyfilm Network, the Service, and any Web sites, channels, services, and other distribution platforms of AI or its affiliates (collectively, the "Platforms"), for not-for-profit, commercial, educational or any purpose whatsoever (including, without limitation, for purposes related to the Dailyfilm Network, AI or any AI affiliate, the Service, and the Platforms and/or the promotion thereof) without any accounting, compensation, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to AI and its affiliates, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to AI and its affiliates, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to Web cast, Podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video on or through the Platforms.
By submitting your video to the Service, in addition to the rights, licenses and privileges granted above, you are also granting AI and each of AI’s affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully paid and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to use, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with AI and/or any of AI’s affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any accounting, compensation, notification or other obligation to you, in products or services developed by AI or any AI affiliate, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Video Agreement and granted to AI and Ai’s affiliates shall commence immediately upon submission of a video to or through the Service (by upload or any other means we or any AI affiliate makes available to you) and continues thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by AI on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither AI, nor any AI affiliate, is or shall be required or have any obligation to host, index, display, accept or use any submitted video (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and AI may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. Once you submit or attempt to submit your video to or through the Service, whether to or through AI or any of AI’s affiliates, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to AI or its affiliates. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO AND YOU WILL NOT RECEIVE ANY COMPENSATION OR OTHER CONSIDERATION FOR YOUR VIDEO OR ANY USE MADE OF YOUR VIDEO ONCE SUBMITTED TO OR THROUGH THE SERVICE. You also understand and agree that neither all nor any portion of your video, nor any commercial, advertisement, promotional, marketing or other material associated with your video, need to be submitted to you for approval prior to use.
You hereby expressly release AI and its affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. AI and its affiliates have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with the video and the rights granted to AI and its affiliates hereunder.
AI has the right to license, authorize and/or otherwise enter into agreements and arrangements with any AI affiliate and/or any third party to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Video Agreement, in whole or in part. To the extent AI does so, when you submit a video to or through the Service, each such AI affiliate or third party shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to AI hereunder and related thereto as if you had entered into this Video Agreement with such AI affiliate or third party.
6. OWNERSHIP.
AI retains all right, title and interest in and to the Service, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Service. If AI or any AI affiliate provides you with software or other capabilities or makes software or capabilities available to assist you in any download, upload or other process, the software and/or such capabilities is and are provided "as is" without representations or warranties of any kind. You acquire no rights in or to such software or capabilities other than a limited, revocable, non-exclusive and non-transferable license to use same, solely in connection with our Service as specified by us or any of our affiliates. We will not be liable for malfunctions, loss of data, damage to hardware, programs or devices resulting from use of any software, capabilities or interaction with our Service. You must use your own programs and firewalls to scan all software, to prevent intrusion, viruses, other malicious code and damage. AI is not responsible for any damage if you fail or are unable to do so.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Video Agreement, as comprehensive and broad as they may seem or actually be, AI acquires no title or ownership rights in or to any videos you submit through the Service and nothing in this Video Agreement conveys to us any ownership rights in your videos. AI is acting only as a host, bulletin board or conduit for submitted videos in connection with our Service, with all of the specific rights granted by you hereunder. Although by your submission of each and every video you are requesting and directing us and any of the AI affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the video on the Platforms), neither we, nor any of the AI affiliates, have any obligation to do any of these things.
You represent, warrant and covenant that you own: (i) the rights to each video you submit and each element of each video you submit and (ii) the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Video Agreement. If you do not exclusively own all of these rights, you represent, warrant and covenant that you have received all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Video Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to AI and by submitting each video to or through the Service, you reaffirm each such representation, warranty and covenant, that: (a) you are not a minor and you have the legal right and capability to enter into this Video Agreement and perform and comply with all of its terms and condition or, if you are a teenager, your parent or legal guardian has agreed to this Video Agreement on your behalf, (b) all of the information provided by you associated with your use of the Service and each time you submit a video to or through the Service, is correct, complete and current, (c) neither your video or your submission of any video violates this Video Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) your video does not violate the Terms of Use and (e) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Video Agreement as described. Upon the request of AI, you will furnish AI any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Video Agreement, including, without limitation, the foregoing representations, warranties and covenants.
You understand, acknowledge and agree that other persons: (1) may have submitted videos to us or our affiliates and (2) may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your video or concepts contained therein. Furthermore, you understand, acknowledge and agree you will not be entitled to any compensation due to AI’s or AI’s affiliate’s use or exploitation thereof and the submission of a video, or any Posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or includes anything similar or identical to that contained in any video you or anyone else submits to or through the Service, that is purely coincidental and unavoidable.
7. ADVERTISING.
Ai and each of AI’s affiliates reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Service, the Dailyfilm Network or other Platforms and any and all arrangements made with respect thereto, without accounting, compensation, obligation or liability to you, notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service, the Dailyfilm Network or other Platforms.
8. INDEMNIFICATION.
Your indemnification obligations under Section 5 of the Terms of Use include, without limitation, any third party claims arising from, related to or caused by your video, the submission of your video and/or in any way associated with this Video Agreement and/or the Service.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS VIDEO AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. AI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES OF AMERICA INTENDED FOR USERS AND USE OF THE SERVICE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. AI DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS VIDEO AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. AI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
10. GENERAL.
The amount of storage space on the Dailyfilm Network per user is limited and some videos may not be processed due to space constraints or other limitations. You understand, acknowledge and agree we assume no responsibility for deletion of videos or any failure to store, receive or deliver videos in a timely manner or at all or as to any other matter relating to videos. Videos are for noncommercial purposes only and you may not upload any videos in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
The Terms of Use, incorporating this Video Agreement, is the entire agreement between you and us relating to the Service and the subject matter of this Video Agreement and supersedes any prior or inconsistent agreements. AI may terminate this Video Agreement with you and your right to use the Service at any time without notice to you.