iClips.net Terms of Use
These Terms of Use were last modified on 12/24/06 and are effective immediately.
ICLIPS NETWORK, L.L.C. AGREEMENT - TERMS OF USE
WELCOME TO ICLIPS! PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ICLIPS REGARDING YOUR USE OF OUR ICLIPS NETWORK.
Access to this site, the home page of which is located at https://www.iclips.net, is offered to you, the individual user, by ICLIPS Network, L.L.C. ('ICLIPS'). These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and ICLIPS Network, L.L.C. ("Iclips", 'Iclips.net,' "we", "us", or "our") regarding your use of the ICLIPS Internet web site located at https://www.iclips.net, as well as the associated web pages services, features and functions made available by ICLIPS (individually and collectively, the "ICLIPS Network"). The term "Iclips Network, L.L.C." also includes any and all ICLIPS branded, equivalent, mirror, replacement, substitute, successor, or backup ICLIPS websites and web pages and those containing authorized ICLIPS Content. ICLIPS is Missouri limited liability company.
Iclips.net is a muti-media streaming web site featuring music, film, episodic, video blog and viral video content. Iclips.net is also a social networking service that allows Members to create unique personal user page under the Iclpis.net/username umbrella in order to find and communicate with other Iclips.net Users. Iclips.net is a navigable, three-dimensional universe. By using the Iclips.net services, you agree to be bound by this agreement, whether you are a 'Visitor' (which means you simply browse the Iclips.net website) or you are a 'Member' (which means you have registered with Iclips.net). The term 'User' refers to a Visitor or Member. 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, does or attempts to access, interact with, use, display, view, download, print or copy from the ICLIPS Network, transmit, receive or exchange data or communicate with the ICLIPS Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the ICLIPS Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
You are only authorized to use the ICLIPS services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully, print it up, and save it for reference. If you do not agree with it, you should leave the ICLIPS website and discontinue use of the ICLIPS services immediately. If you wish to become a Member, communicate with other Members and make use of the ICLIPS services, you must read this Agreement and indicate your acceptance during the Registration process.
By using the ICLIPS Network, you understand, acknowledge and agree that you will abide by and comply with the terms and conditions of our Agreement with you. 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 any features, functions and services we make available to you from time to time through our ICLIPS, any official rules which apply to your participation in downloads, promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("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. 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 ICLIPS 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.
Please choose carefully the information you post on Iclips.net and that you provide to other Users. Your Iclips.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Iclips.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Iclips.net assumes no responsibility or liability for this material. If you become aware of misuse of the ICLIPS Services by any person, please contact ICLIPS at [email protected].
Iclips.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ICLIPS services at any time, for any or no reason, with or without prior notice, and without liability.
1. ELIGIBILITY
The ICLIPS 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 our ICLIPS 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 ICLIPS Network immediately because by using or attempting to use the ICLIPS Network, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the ICLIPS Network.
2. REGISTRATION
There are portions of our ICLIPS 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; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
In order to access and use certain services, features or functions of the ICLIPS Network and any interactive feature of the ICLIPS 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 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 ICLIPS Network. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal 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.
3. MODIFICATIONS/ DURATION OF AGREEMENT
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. We may, but are not required to, post or display notices of material changes on the ICLIPS Network and we may, but are not required to, also e-mail you about these changes. Once we post them on the ICLIPS Network, these changes become effective immediately and if you use the ICLIPS Network after they become effective it will signify your agreement to be bound by the changes. 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. As you can appreciate, we must also reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the ICLIPS Network at any time, without any liability or obligation to you, with or without notice.
This Agreement shall remain in full force and effect while you use the ICLIPS Services or are a Member. You may terminate your Membership at any time, for any reason. ICLIPS may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect
4. FEES
You acknowledge that Iclips.net reserves the right to charge for the ICLIPS Services and to change its fees from time to time in its discretion. If Iclips.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
5. PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ICLIPS.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
6. NON-COMMERCIAL USE BY MEMBERS
The ICLIPS Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ICLIPS.net. Illegal and/or unauthorized use of the ICLIPS Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ICLIPS Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ICLIPS Services.
7. PROPRIETARY RIGHTS IN CONTENT ON ICLIPS.NET
a) ICLIPS.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the ICLIPS Services. After posting your Content to the ICLIPS Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the ICLIPS Services, you hereby grant to ICLIPS.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the ICLIPS Services.
Without this license, ICLIPS.net would be unable to provide the ICLIPS Services. For example, without the right to modify Member Content, ICLIPS.net would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, ICLIPS.net could not allow Users to listen to music posted by Members. The license you grant to ICLIPS.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to ICLIPS.net), fully-paid and royalty-free (meaning that ICLIPS.net is not required to pay you for the use on the ICLIPS Services of the Content that you post), sublicensable (so that ICLIPS.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the ICLIPS Services), and worldwide (because the Internet and the ICLIPS Services are global in reach). This license will terminate at the time you remove your Content from the ICLIPS Services. The license does not grant ICLIPS.net the right to sell your Content, nor does the license grant ICLIPS.net the right to distribute your Content outside of the ICLIPS Services.
b) You represent and warrant that: (i) you own the Content posted by you on or through the ICLIPS Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the ICLIPS Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the ICLIPS Services.
c) The ICLIPS Services contain Content of ICLIPS.net ("ICLIPS.net Content"). ICLIPS.net Content is protected by copyright, trademark, patent, trade secret and other laws, and ICLIPS.net owns and retains all rights in the ICLIPS.net Content and the ICLIPS Services.
The ICLIPS Network, including all content, media and materials, all ICLIPS 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 protectible elements of the ICLIPS 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 or recorded, 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 ICLIPS and/or and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
Except for Content posted by you, our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "ICLIPS Network" includes "Content" as well.
d) ICLIPS.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ICLIPS.net Content (excluding any software code) solely for your personal use in connection with viewing the ICLIPS Website and using the ICLIPS Services. ICLIPS authorizes you to access Content and grants you the right to use ICLIPS 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 ICLIPS Network, including notices on any Content you download, transmit, display, print or reproduce from the ICLIPS 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 via a third party website) or otherwise use, any Content without the express prior written consent of ICLIPS. 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.
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 ICLIPS Network, unless you are expressly authorized to do so by ICLIPS. As an express condition of your use of the ICLIPS Network, you warrant to ICLIPS that you will not use the ICLIPS 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. ICLIPS makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. 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 from which you may access the ICLIPS Network.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of the ICLIPS Network, including, without limitation, "ICLIPS" and "ICLIPS.net", are the intellectual property of and proprietary to ICLIPS its 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 ICLIPS.
e) The ICLIPS Services contain Content of Users and other ICLIPS.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ICLIPS Services. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the ICLIPS Network that infringes the copyright rights of others and will disable the access to the ICLIPS Network and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in Section 12 which describes our Notice and Procedure for Making Claims of Copyright Infringement.
8. CONTENT POSTED
a) ICLIPS.net may delete any Content that in the sole judgment of ICLIPS.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ICLIPS.net assumes no responsibility for monitoring the ICLIPS Services for inappropriate Content or conduct. If at any time ICLIPS.net chooses, in its sole discretion, to monitor the ICLIPS Services, ICLIPS.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b) You are solely responsible for the Content that you post on or through any of the ICLIPS Services, and any material or information that you transmit to other Members and for your interactions with other Users. ICLIPS.net does not endorse and has no control over the Content. Content is not necessarily reviewed by ICLIPS.net prior to posting and does not necessarily reflect the opinions or policies of ICLIPS.net. ICLIPS.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
9. CONTENT PROHIBITED
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ICLIPS Services. ICLIPS.net reserves the right to investigate and take appropriate legal action against anyone who, in ICLIPS.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the ICLIPS Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ICLIPS.net:
a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal information from anyone under 18;
f) provides any telephone numbers, street addresses, last names, URLs or email addresses;
g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n) includes a photograph of another person that you have posted without that person's consent; or
o) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the ICLIPS Website and through your use of the ICLIPS Services. ICLIPS.net reserves the right to investigate and take appropriate legal action against anyone who, in ICLIPS.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or services through the ICLIPS Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ICLIPS Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ICLIPS.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ICLIPS.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the ICLIPS Services, you acknowledge that you will have caused substantial harm to ICLIPS.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ICLIPS.net $50 for each such unsolicited email or other unsolicited communication you send through the ICLIPS Services;
c) covering or obscuring the banner advertisements on your personal profile page, or any ICLIPS.net page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send comments or messages;
e) interfering with, disrupting, or creating an undue burden on the ICLIPS Services or the networks or services connected to the ICLIPS Services;
f) attempting to impersonate another Member or person;
g) for band profiles, copying the code for your ICLIPS Player and embedding it into other profiles or asking other Members to embed it into their profiles;
h) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
i) selling or otherwise transferring your profile;
j) using any information obtained from the ICLIPS Services in order to harass, abuse, or harm another person;
k) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the ICLIPS Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
l) using the ICLIPS Services in a manner inconsistent with any and all applicable laws and regulations.
10. RULES OF CONDUCT
Your use of the ICLIPS 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 ID. You shall not use, allow, or enable others to use the ICLIPS Network, or knowingly condone use of the ICLIPS 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 ICLIPS 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 ICLIPS Network, or from advertising, linking or becoming a supplier to us in connection with the ICLIPS 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 website 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), 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 ICLIPS Network, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the ICLIPS Network or to use the ICLIPS 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 ICLIPS Network or the rights or use and enjoyment of the ICLIPS 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 ICLIPS Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
11. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the ICLIPS Network. If you have any questions regarding ICLIPS's privacy practices, you may send your question to us by e-mail to [email protected] or by U.S. mail to ICLIPS Network, L.L.C., 107 S. Meramec, Saint Louis, MO 63105.
12. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ICLIPS.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to ICLIPS.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ICLIPS Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ICLIPS Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ICLIPS.net's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, ICLIPS, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn: Copyright Agent; and email: ________________________
If you believe the ICLIPS Network contains elements that infringe your copyrights in your work, please go to the bottom of this document to view and complete our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on the ICLIPS Network (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please send us a message about it at [email protected]. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
13. 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 ("Advertisers") as a result of or in connection with your use of the ICLIPS Network. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved 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).
14. MEMBER DISPUTES
You are solely responsible for your interactions with other ICLIPS.net Members. ICLIPS.net reserves the right, but has no obligation, to monitor disputes between you and other Members.
15. PROMOTIONS
From time to time, the ICLIPS Network's service providers, suppliers, and Advertisers may conduct promotions on or through the ICLIPS Network, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional 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; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
16. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the ICLIPS Network or any other form of link or re-direction of your connection to, with or through the ICLIPS Network, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of ICLIPS or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Statement), or any goods or services associated with or obtained in connection with any such site, whether ICLIPS's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement, which describes how ICLIPS collects and uses your Personal Information and co-branding relationships.
17. TERMINATION OF YOUR REGISTRATION
You may terminate your registration and User ID, at any time and for any reason. We may terminate your use of and registration on the ICLIPS 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.
18. DISCLAIMER AND LIMITATIONS OF LIABILITY
ICLIPS.net is not responsible for any incorrect or inaccurate Content posted on the ICLIPS Website or in connection with the ICLIPS Services, whether caused by Users of the ICLIPS Services or by any of the equipment or programming associated with or utilized in the ICLIPS Services. Profiles created and posted by Members on the ICLIPS Website may contain links to other websites. ICLIPS.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ICLIPS.net. Inclusion of any linked website on the ICLIPS Services does not imply approval or endorsement of the linked website by ICLIPS.net. When you access these third-party sites, you do so at your own risk. ICLIPS.net takes no responsibility for third party advertisements which are posted on this ICLIPS Website or through the ICLIPS Services, nor does it take any responsibility for the goods or services provided by its advertisers. ICLIPS.net is not responsible for the conduct, whether online or offline, of any User of the ICLIPS Services.
ICLIPS.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the ICLIPS Network. You acknowledge and agree that you are assuming the entire risk of using the ICLIPS Network and the services, features and functions of and/or associated with the ICLIPS Network. ICLIPS.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ICLIPS Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ICLIPS Services. Under no circumstances shall ICLIPS.net be responsible for any loss or damage, including personal injury or death, resulting from use of the ICLIPS Services, attendance at a ICLIPS.net event, from any Content posted on or through the ICLIPS Services, or from the conduct of any Users of the ICLIPS Services, whether online or offline. THE ICLIPS NETWORK AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND. IN ADDITION, ICLIPS MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THAT THE ICLIPS NETWORK OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ICLIPS OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE ICLIPS NETWORK OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ICLIPS.NETS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDELESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ICLIPS.NET FOR THE ICLIPS SERVICES DURING THE TERM OF MEMBERSHIP.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have ICLIPS, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or Products involved and to terminate and discontinue your registration and use of the ICLIPS Network. You further understand and acknowledge the capacity of the ICLIPS Network, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that ICLIPS assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the ICLIPS Network for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
19. INDEMNIFICATION
You agree to indemnify, defend and hold ICLIPS and its respective officers, directors, members, 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 ICLIPS Network or your unauthorized use of any Content.
ICLIPS 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 ICLIPS in the defense of any such claim, action, settlement or compromise negotiations, as requested by ICLIPS.
20. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, including, without limitation, our Privacy Statement, 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 by this reference, contains the entire understanding and agreement between you and ICLIPS and supersedes any and all prior, inconsistent or other understandings relating to the ICLIPS Network and your use of the ICLIPS Network. This Agreement cannot be modified, changed or terminated, except as specifically described in Section 2.
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 ICLIPS 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 ICLIPS Network shall be governed by, construed and enforced in accordance with the substantive laws of the State of Missouri 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 Missouri and County of St. Louis 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 ICLIPS has the right 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 ICLIPS 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.
21. OTHER
This Agreement is accepted upon your use of the ICLIPS Website or any of the ICLIPS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ICLIPS.net regarding the use of the ICLIPS Services. The failure of ICLIPS.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ICLIPS.com is a trademark of Iclips Network, L.L.C. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at [email protected] with any questions regarding thisTerms of Use Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ICLIPS Network should be sent ONLY to our Designated Agent.
NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): ICLIPS Network, L.L.C.
Name of Agent Designated to Receive Notification of Claimed Infringement: Dave Neiers
Full Address of Designated Agent to Which Notification Should be Sent:
120 S. Central, Suite 1500, Clayton, MO 63105
Telephone Number of Designated Agent: 314-725-9100
Facsimile Number of Designated Agent: 314-725-5754
E-mail Address of Designated Agent: [email protected]
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
