Terms of Use
THE VIDEO PLAYLIST WEB SITE TERMS OF USE
Welcome to the Video Playlist web site (the “Site”) operated by Symmetric Technologies, Inc., (“we”, “us” or “STI”).
Your use of this Site and the information, content and services available through the Site are
subject to the following Terms of Use (the “Terms of Use”), which may be updated or revised from time to time
without notice to you. You can review the most current version of the Terms of Use at
http://www.videoplaylist.org/termsofuse.aspx If you do not agree with any of the terms of these Terms of Use, you may not access or otherwise use this Site or any of the information, content or services available through the Site. By using this Site, you are agreeing to be legally bound by and to comply with each of the terms in these Terms of Use in effect when you access the Site.
These Terms of Use comprise a legal contract between you, as an individual, group or entity, and STI governing your access to, and use of the Site, Site Information (defined below) and our Services (i.e., collectively, the services that provide you access and use of the Site Information and other Services available through our Site). These Terms of Use apply to all users of the Site, including those who create video playlists ("Playlist Content") and those who view those playlists.
Site Usage
The term “Site Information” collectively means the “Playlist Content” and all other information, text, pictures, sound, graphics, video, data and other content that is displayed on the Site. Subject to these Terms of Use (including, without limitation, compliance with all restrictions, prohibitions and obligations contained herein), STI grants you a non-exclusive, non-transferable, non-assignable right and license to access and use the Site, Site Information and Services as set forth in these Terms of Use provided that your use of the Site, Site Information and Services as permitted hereunder is solely for your own personal, non-commercial use, and is solely for your internal business purposes if you are acting on behalf of an entity. All licenses granted herein are
revocable by Us in our sole discretion. You acknowledge and agree that you have no right to download, cache or display any Site Information except as set forth in these Terms of Use. Except as expressly authorized in these Terms of Use, you shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, modify or time share any of the Site Information or Services or any portion thereof, or use such as a component of any products or services prepared for commercial sale, sublicense, lease, access or distribution, or prepare any derivative work based on the Site Information or Services except to the extent you are just using your original Playlist Content.
STI reserves all rights not expressly granted to you. You agree to take all reasonable steps to protect the
Site Information and Services accessed on the Site from unauthorized access, copying or use.
Legal Notices
We post legal notices and various credits on pages of the Site,
which may not be removed even on your permitted copying of such content.
You shall not remove these notices or credits, or any additional information contained
along with the notices and credits. The Site may contain references to trademarks,
copyrighted Content, technologies, products, processes and software and other proprietary rights of STI
or other parties. No license to or right in
any such trademarks, copyrighted Content, technologies, products, processes,
software or other proprietary rights of STI is granted to or conferred upon you.
User Submissions
The Site permits the submission of Playlist Content by you and other users and the hosting, sharing and/or publishing of such Playlist Content. You agree and acknowledge that without regard to whether such Playlist Content is published,
STI does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for any Playlist Content you or your employees,
subcontractors or agents submit, and for the consequences of posting or
publishing them. With respect to any Playlist Content you submit,
you affirm, represent and warrant that:
(i) you own or have the necessary licenses, rights, consents or permissions to
use and authorize STI to use all patent, copyright, trade secret and
trademark rights (collectively, “Intellectual Property Rights”) or other
proprietary rights to enable inclusion and use of Playlist Content
in the manner contemplated by the Site and these Terms of Use; and (ii)
you have the written consent, release and/or permission of each identifiable
individual person in your Playlist Content to use the name,
likeness or other personal characteristics of each such identifiable individual to enable inclusion and
use of such Playlist Content in the manner contemplated by the Site and these
Terms of Use and agree to provide a complete and correct copy of that writing to us upon our reasonable request.
As between you and STI, you shall retain all of your ownership rights in and to the Playlist Content.
However, by submitting Playlist Content to STI, you hereby grant STI a worldwide, non-exclusive,
irrevocable, royalty-free, sublicensable (through multiple tiers)
and transferable license to use, reproduce, distribute, edit, modify, aggregate, translate, reformat,
prepare derivative works based upon, display publicly,
perform publicly and otherwise exploit (including but not limited to over the Internet or any other uses or media),
the Playlist Content, in whole or in part, including future rights that STI (or its successor)
may otherwise become entitled to that do not yet exist,
as well as new uses, media, means and forms of exploitation
throughout the universe exploiting current or future technology yet to be
developed to the maximum extent permitted by applicable law.
You also hereby grant each user of the Site a non-exclusive license to access your Playlist Content
through the Site, and to use, access, watch, reproduce, distribute, transmit, forward,
display and perform such Playlist Content, in whole or in part, to the extent
permitted by the Site under these Terms of Use (the “User License”).
This User License granted by you will terminate as to your Playlist Content once you remove or delete
the particular Playlist Content from the Site. In addition, STI will have the right to refuse,
remove or delete any Playlist Content which it reasonably considers to violate these Terms of Use
or to otherwise be illegal or objectionable, in STI’s sole discretion.
With respect to Playlist Content and the Site, you agree you will not:
(i) submit Playlist Content that is copyrighted, protected by trade secret or
otherwise subject to any third party Intellectual Property Rights or proprietary rights,
including any privacy and publicity rights, unless you are the owner of
such rights or have permission from the rightful owner of such rights to post such Playlist Content and to grant STI
all of the license rights and other rights granted herein;
(ii) upload, post, e-mail or otherwise transmit any Playlist Content or other
Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy, hateful, embarrassing, or racially,
ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv)
impersonate any person or entity, including but not limited to, a representative of STI, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
(v) forge headers, tamper with the TCP/IP packet header, or otherwise manipulate
identifiers in order to disguise the origin of any Playlist Content or other content
transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit
any unsolicited or unauthorized advertising, promotional Content, “junk mail”, “spam”, “chain letters”, “pyramid schemes”
or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any Playlist Content or
other content that contains computer viruses or any other computer code, files or programs designed
to interrupt, destroy, modify, or limit the functionality of any computer software or hardware or telecommunications
equipment; (viii) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others
to attempt to discover the underlying computer code for the Site and/or the Services;
(ix) overwhelm or disable the Site or the Services or interfere with the access and use of the
Site and/or the Services; (x) use any robot, spider or other program or device to retrieve or index any
portion of the Site, harvest or otherwise collect information about other users for any purpose other than use
of the Services as expressly permitted herein; (xi) intentionally or unintentionally violate any
applicable local, state, national or international law, including but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or NASDAQ, and any regulations having the force of law; and
(xii) collect or store personal data about other users except as permitted by these Terms of Use.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive.
STI reserves the right to prohibit your access to the Site or any of the Services for any action that STI,
in its sole judgment, determines to be inappropriate or disruptive to the Site,
Services or to any other user or the Video Playlist community generally.
No Unlawful or Harmful Use
STI respects the intellectual property of others, and we ask our users to do the same.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or
terminate the accounts of users of the Site who may infringe or repeatedly infringe the
copyrights or other intellectual property rights of STI or others.
You will not use the Site or any of the Site Information or Services in any way that is unlawful or
harms STI or any user of the Site or our Services. You may not use the Site in any manner that
could overburden, or impair our Site (or the networks or systems connected to our Site).
You may not use any device, software or instrumentality to interfere with the proper working of
our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
DMCA Notice
If you are a copyright owner or an agent thereof and believe any Playlist Content or other Site Information
infringes upon your copyrights, you may submit a notification of claimed infringement under
the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent
(“Designated Copyright Agent”) containing the following information:
(i) A physical or electronic signature of a person authorized to
act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit us to locate the material;
(iv)
Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an electronic mail address;
(v) A statement
that you have a good faith belief that the disputed use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi)
A statement that the information in the notification is accurate, and made under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Our Designated Copyright Agent to receive notifications of claimed infringement
is: Jeff Foster, email: support@mainstreetsites.com. Please send only DMCA notices to our Designated Agent.
You acknowledge that if you fail to comply with all of the above requirements of this
Section, your DMCA notice may not be valid.
Indemnity
You agree to indemnify and hold STI and its affiliates, agents, representatives, partners,
employees and licensors harmless from any claim, demand, damages
(including costs, interest, and attorneys’ fees) or judgment, made or obtained by any third party
due to or arising out of any Playlist Content or other content you submit,
post to or transmit through the Site, your violation of these Terms of Use,
or your violation of any rights of another, and from any reasonable attorneys’ fees that
any of them may incur in the defense of such claim or demand.
Security
You shall not violate or attempt to violate the security of the Site.
Violations of system or network security may result in civil or criminal liability.
STI reserves the right to investigate occurrences which may involve such violations and
may involve, and cooperate with government authorities in investigating such occurrences
and prosecuting users who have participated in such violations.
Communications
With respect to all communications you make to STI, including but not limited to feedback,
questions, comments, suggestions and the like: (i) you shall have no right
to confidentiality in your communications and STI shall
have no obligation to protect your communications from disclosure;
(ii) STI shall be free to reproduce, use, disclose and
distribute your communications to others without limitation; and
(iii) STI shall be free to use any ideas, concepts, know-how, information,
jokes, data or techniques contained in your communications for any purpose
whatsoever, including, but not limited to, the development,
production and marketing of products and services that incorporate such information.
Your Activities and Account
You represent that any information you post or provide to STI by means of this Site,
including, without limitation, as part of any registration, application or inquiry,
is true, accurate, not misleading and offered in good faith.
You are fully responsible for all of your activities relating to the Site and the Playlist Content
you post, and you shall bear all risks regarding the use of the Site and any Site Information.
For the purposes of these Terms of Use, the term “you” includes your or your group’s employees,
contractors, agents and anyone you allow or your group allows to use your computer, network, or password.
You may never use another’s account without permission.
You are solely responsible for the activity that occurs on your account,
and you must keep your account password secure.
You must notify STI at support@mainstreetsites.com,
of any breach of security or unauthorized use of your account.
You acknowledge and agree that STI may preserve Playlist Content and other Site Information if
required to do so by law or in the good faith belief that such preservation and disclosure is
reasonably necessary to (i) comply with legal process or the requests of government agencies;
(ii) enforce these Terms of Use; (iii) respond to claims that any Site Information violates the
rights of third parties; or (iv) protect the rights, property or personal safety of STI,
its users and community, and the public.
Privacy
Your privacy is important to us. Our use of your information and your use of the
Site and the Services is governed by our Privacy Policy which is incorporated in and subject to these
Terms of Use. To review our Privacy Policy,
click http://www.videoplaylist.org/privacypolicy.aspx.
Warranty Disclaimer
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. STI MAKES NO WARRANTY THAT THE SITE WILL
MEET YOUR REQUIREMENTS. ALL SITE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF
A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT,
OR SYSTEM INTEGRATION. STI DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE
IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL STI, OR ANY OF THEIR VENDORS, AGENTS, AFFILIATES OR LICENSORS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR USE OR ATTEMPTED USE OF THE SITE.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
Limited Time to Bring Your Claim
You and STI agree that any action based on a claim or cause of action that you may have arising
out of or related to the Site or any Site Information or Services must be commenced within
one (1) year after the claim or cause of action accrues, whether or not you or your legal
representatives are aware of the claim or cause of action. You further agree that your
failure to commence such an action within this time period shall permanently bar such claim or
cause of action, and that no action or communication by STI shall be deemed to waive this bar.
Links
The Site and/or the Services may provide, or third parties may provide, links to other
Web sites or resources. Because STI has no control over such sites or resources,
you acknowledge and agree that STI is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products or other Content on or available from such sites
or resources. STI assumes no responsibility for the content, privacy policies
or practices of such third-party Web sites. You acknowledge that STI is
providing these links to you solely as a convenience. By using this Site,
you expressly waive any rights, claims or liability against STI from your use of
any third-party Web site. You shall not attribute a link on your
Web site to this Site and then link somewhere else. Furthermore, you agree
not to frame any Site Information from the Site or otherwise present any content
from the Site as your own except for Playlist Content owned by you.
Termination
You agree that STI, in its sole discretion, may terminate your use of the Site
and remove and discard your Playlist Content for any reason, or
if STI believes that you have violated or acted inconsistently with the letter or
spirit of these Terms of Use. STI may also in its sole discretion and at any
time discontinue providing the Site, or any part thereof, with or without notice.
You agree that any termination of your access to the Site under any provision of these
Terms of Use may be effected without prior notice, and acknowledge and agree that STI
may bar any further access to the Site. Further, you agree that STI shall not
be liable to you or any third party for any termination of access to the Site.
Right to Access
Although we invite users of all ages to view our site, if you are under 13 years of age,
you may not register or submit information to our site. We invite you to have a family member
who is 13 or older register and participate on your behalf.
For users 13 years old or over, by contributing Playlist Content to the Site, you
are affirming that you are either (i) 18 years old or more; (ii) an emancipated minor;
or (iii) possess legal parental or guardian consent, and that you are fully able
and competent to enter into the terms and conditions of these Terms of Use, and
comply with these Terms of Use.
We may terminate any user’s access to the site at our sole discretion.
General Information
STI controls and operates this Site from the United States and makes no representation that the Site
Information or Services are appropriate or will be available for use in locations
other than the United States. If you use this Site from outside the United States,
you are entirely responsible for compliance with applicable local laws,
including but not limited to the export and import regulations of other countries in
relation to the Site Information and Services.
The Terms of Use, and the Privacy Policy incorporated herein constitute the entire agreement between
you and STI relating to your use of our Site, Site Information and Services.
These Terms of Use and the relationship between you and STI shall be governed by the
laws of the State of Massachusetts without regard to any conflict of law provisions
in any jurisdiction. You and STI hereby consent to the exclusive jurisdiction and
venue of the state and federal courts in Middlesex County, Massachusetts for any actions asserting
claims arising out of or relating to these Terms of Use, the Site, Site Information and Services,
or your use of the Site and waive any objection to the venue of any such action or
proceeding in any such court or that such action or proceeding was brought in an inconvenient court
and agree not to plead the same. The United Nations Convention on the International
Sale of Goods and the Uniform Computer Information Transaction Act are expressly
excluded from application to these Terms of Use.
The failure of STI to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. Should any part of these
Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction,
this shall not affect the validity of any remaining portion and such remaining portion
shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated.
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