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Terms
DefiningMoment.TV Service Agreement
1. Definitions.
"DefiningMoment.TV"
is an interactive on-line service on the World Wide
Web of the Internet, consisting of information
services and content provided by
DefiningMoment.TV
and third parties. "Subscriber" means each
person who establishes or accesses a connection
("Account") for access to and use of
DefiningMoment.TV.
2. General.
(A) This Agreement, which
incorporates by reference other provisions
applicable to use of
DefiningMoment.TV sets forth the
terms and conditions that apply to use of
DefiningMoment.TV by Subscriber.
By using
DefiningMoment.TV (other than to
read this Agreement for the first time),
Subscriber agrees to comply with all of the
terms and conditions hereof. The right to
use
DefiningMoment.TV is personal to
Subscriber and is not transferable to any
other person or entity. Subscriber is
responsible for all use of Subscriber's
Account (under any screen name or password)
and for ensuring that all use of
Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber
shall be responsible for protecting the
confidentiality of Subscriber's password(s),
if any.
(B)
DefiningMoment.TV shall have the
right at any time to change or discontinue
any aspect or feature of
DefiningMoment.TV,
including, but not limited to, content,
hours of availability, and equipment needed
for access or use.
3. Changed Terms.
DefiningMoment.TV shall have the right at
any time to change or modify the terms and
conditions applicable to Subscriber's use of
DefiningMoment.TV,
or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and
charges for use. Such changes, modifications,
additions or deletions shall be effective
immediately upon notice thereof, which may be given
by means including, but not limited to, posting onDefiningMoment.TV,
or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice
thereof. Any use of
DefiningMoment.TV by Subscriber after
such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or
additions.
4. Equipment.
Subscriber shall be responsible
for obtaining and maintaining all telephone,
computer hardware and other equipment needed for
access to and use of
DefiningMoment.TV and all charges related
thereto.
5. Subscriber Conduct.
(A) Subscriber shall use
DefiningMoment.TV for lawful
purposes only. Subscriber shall not post or
transmit through
DefiningMoment.TV any material
which violates or infringes in any way upon
the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable,
which encourages conduct that would
constitute a criminal offense, give rise to
civil liability or otherwise violate any
law, or which, without
DefiningMoment.TV's express
prior approval, contains advertising or any
solicitation with respect to products or
services. Any conduct by a Subscriber that
in
DefiningMoment.TV's discretion
restricts or inhibits any other Subscriber
from using or enjoying
DefiningMoment.TV will not be
permitted. Subscriber shall not use
DefiningMoment.TV to advertise or
perform any commercial solicitation,
including, but not limited to, the
solicitation of users to become subscribers
of other on-line information services
competitive with
DefiningMoment.TV.
(B)
DefiningMoment.TV contains
copyrighted material, trademarks and other
proprietary information, including, but not
limited to, text, software, photos, video,
graphics, music and sound, and the entire
contents of
DefiningMoment.TV are copyrighted
as a collective work under the United States
copyright laws.
DefiningMoment.TV owns a
copyright in the selection, coordination,
arrangement and enhancement of such content,
as well as in the content original to it.
Subscriber may not modify, publish,
transmit, participate in the transfer or
sale, create derivative works, or in any way
exploit, any of the content, in whole or in
part. Subscriber may download copyrighted
material for Subscriber's personal use only.
Except as otherwise expressly permitted
under copyright law, no copying,
redistribution, retransmission, publication
or commercial exploitation of downloaded
material will be permitted without the
express permission of
DefiningMoment.TV and the
copyright owner. In the event of any
permitted copying, redistribution or
publication of copyrighted material, no
changes in or deletion of author
attribution, trademark legend or copyright
notice shall be made. Subscriber
acknowledges that it does not acquire any
ownership rights by downloading copyrighted
material.
(C) Subscriber shall not
upload, post or otherwise make available on
DefiningMoment.TV any material
protected by copyright, trademark or other
proprietary right without the express
permission of the owner of the copyright,
trademark or other proprietary right and the
burden of determining that any material is
not protected by copyright rests with
Subscriber. Subscriber shall be solely
liable for any damage resulting from any
infringement of copyrights, proprietary
rights, or any other harm resulting from
such a submission. By submitting material to
any public area of
DefiningMoment.TV, Subscriber
automatically grants, or warrants that the
owner of such material has expressly granted
DefiningMoment.TV the
royalty-free, perpetual, irrevocable,
non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in
part) worldwide and/or to incorporate it in
other works in any form, media or technology
now known or hereafter developed for the
full term of any copyright that may exist in
such material. Subscriber also permits any
other Subscriber to access, view, store or
reproduce the material for that Subscriber's
personal use. Subscriber hereby grants
DefiningMoment.TV the right to
edit, copy, publish and distribute any
material made available on
DefiningMoment.TV by Subscriber.
(D) The foregoing
provisions of Section 5 are for the benefit
of
DefiningMoment.TV, its affiliates
and its third party content providers and
licensors and each shall have the right to
assert and enforce such provisions directly
or on its own behalf.
6. Disclaimer of Warranty;
Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY
AGREES THAT USE OF
DefiningMoment.TV IS AT
SUBSCRIBER'S SOLE RISK. NEITHER
DefiningMoment.TV, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT
DefiningMoment.TV WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF
DefiningMoment.TV, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH
DefiningMoment.TV.
(B)
DefiningMoment.TV IS PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
(C) THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES
THAT
DefiningMoment.TV IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL
DefiningMoment.TV, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING
DefiningMoment.TV BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE
DefiningMoment.TV. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON
DefiningMoment.TV.
(E) IN ADDITION TO THE
TERMS SET FORTH ABOVE NEITHER,
DefiningMoment.TV, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN
DefiningMoment.TV, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. NEITHER
DefiningMoment.TV, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
7. Monitoring.
DefiningMoment.TV shall have the right,
but not the obligation, to monitor the content of
DefiningMoment.TV,
including chat rooms and forums, to determine
compliance with this Agreement and any operating
rules established by
DefiningMoment.TV and to satisfy any law,
regulation or authorized government request.
DefiningMoment.TV
shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to
or posted on
DefiningMoment.TV. Without limiting the
foregoing,
DefiningMoment.TV shall have the right to
remove any material that
DefiningMoment.TV, in its sole
discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend,
indemnify and hold harmless
DefiningMoment.TV,
its affiliates and their respective directors,
officers, employees and agents from and against all
claims and expenses, including attorneys' fees,
arising out of the use of
DefiningMoment.TV by Subscriber or
Subscriber's Account.
9. Termination.
Either
DefiningMoment.TV or Subscriber may
terminate this Agreement at any time. Without
limiting the foregoing,
DefiningMoment.TV shall have the right to
immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which
DefiningMoment.TV,
in its sole discretion, considers to be
unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of
Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Trademarks.
DefiningMoment.TV and its logo are a
trademark of
DefiningMoment.TV. All rights reserved.
All other trademarks appearing on
DefiningMoment.TV
are the property of their respective owners.
11. Third Party Content.
DefiningMoment.TV is a distributor (and
not a publisher) of content supplied by third
parties and Subscribers. Accordingly,
DefiningMoment.TV
has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or
other information or content expressed or made
available by third parties, including information
providers, Subscribers or any other user of
DefiningMoment.TV,
are those of the respective author(s) or
distributor(s) and not of
DefiningMoment.TV. Neither
DefiningMoment.TV
nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness
for any particular purpose. (Refer to Section 6
above for the complete provisions governing
limitation of liabilities and disclaimers of
warranty.)
In many instances, the content
available through
DefiningMoment.TV represents the opinions
and judgments of the respective information
provider, Subscriber, or other user not under
contract with
DefiningMoment.TV.
DefiningMoment.TV neither endorses nor
is responsible for the accuracy or reliability of
any opinion, advice or statement made on
DefiningMoment.TV
by anyone other than authorized
DefiningMoment.TV
spokesperson while acting in their official
capacities. Under no circumstances will
DefiningMoment.TV
be liable for any loss or damage caused by a
Subscriber's reliance on information obtained
through DefiningMoment.TV.
It is the responsibility of Subscriber to evaluate
the accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through
DefiningMoment.TV. Please seek the advice
of professionals, as appropriate, regarding the
evaluation of any specific information, opinion,
advice or other content.
12. Miscellaneous.
This Agreement and any operating
rules for DefiningMoment.TV
established by
DefiningMoment.TV constitute the entire
agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or
oral agreements between the parties with respect to
such subject matter. This Agreement shall be
construed in accordance with the laws of the State
of California, without regard to its conflict of
laws rules. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
The section headings used herein are for convenience
only and shall not be given any legal import.
13. Copyrights and Copyright
Agent.
DefiningMoment.TV respects the rights of
all copyright holders and in this regard,
DefiningMoment.TV
has adopted and implemented a policy that provides
for the termination in appropriate circumstances of
subscribers and account holders who infringe the
rights of copyright holders. If you believe that
your work has been copied in a way that constitutes
copyright infringement, please provide
DefiningMoment.TV
the following information required by the Online
Copyright Infringement Liability Limitation Act of
the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic
signature of a person authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed;
2. Identification of
the copyright 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;
3. 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 us to locate the material;
4.
Information reasonably sufficient to permit us
to contact the complaining party;
5. A
statement that the complaining party has a
good-faith belief that use of the material in
the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
6. A statement that the information in the
notification is accurate, and under penalty of
perjury, that the complaining party is
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
For copyright inquiries under the Digital
Millennium Copyright Act please contact:
For web posting, reprint, transcript or
licensing requests for
DefiningMoment.TV material, please
contact
For any questions or requests other than
copyright issues or licensing requests, please
contact
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