1. Your Acceptance
By using or visiting the INEWSENT website or any INEWSENT products,
software, data feeds, and services provided to you on, from, or
through the INEWSENT website (collectively the "Service") you signify
your agreement to (1) these terms and conditions (the "Terms of
Service"), (2) INEWSENT's privacy notice, found at
http://www.INEWSENT.com/t/privacy and incorporated herein by reference,
and (3) INEWSENT's Community Guidelines, found at
http://www.INEWSENT.com/t/community_guidelines and also incorporated
herein by reference. If you do not agree to any of these terms, the
INEWSENT privacy notice, or the Community Guidelines, please do not use
the Service.
Although we may attempt to notify you when major changes are made to
these Terms of Service, you should periodically review the most
up-to-date version http://www.INEWSENT.com/t/terms). INEWSENT may, in
its sole discretion, modify or revise these Terms of Service and
policies at any time, and you agree to be bound by such modifications
or revisions. Nothing in these Terms of Service shall be deemed to
confer any third-party rights or benefits.
2. Service
These Terms of Service apply to all users of the Service, including
users who are also contributors of Content on the Service. “Content”
includes the text, software, scripts, graphics, photos, sounds, music,
videos, audiovisual combinations, interactive features and other
materials you may view on, access through, or contribute to the
Service. The Service includes all aspects of INEWSENT, including but
not limited to all products, software and services offered via the
INEWSENT website, such as the INEWSENT channels, the INEWSENT "Embeddable
Player," the INEWSENT "Uploader" and other applications.
The Service may contain links to third party websites that are not
owned or controlled by INEWSENT. INEWSENT has no control over, and
assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, INEWSENT will not
and cannot censor or edit the content of any third-party site. By
using the Service, you expressly relieve INEWSENT from any and all
liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service
and to read the terms and conditions and privacy policy of each other
website that you visit.
3. INEWSENT Accounts
In order to access some features of the Service, you will have to
create an INEWSENT or Google account. You may never use another's
account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your
account password secure. You must notify INEWSENT immediately of any
breach of security or unauthorized use of your account.
Although INEWSENT will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
INEWSENT or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
INEWSENT hereby grants you permission to access and use the Service as
set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or
the Content without INEWSENT's prior written authorization, unless
INEWSENT makes available the means for such distribution through
functionality offered by the Service (such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other
than the video playback pages of the Service itself, the Embeddable
Player, or other explicitly authorized means INEWSENT may designate.
You agree not to use the Service for any of the following commercial
uses unless you obtain INEWSENT's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or
within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an
ad-enabled blog or website containing Content delivered via the
Service, unless other material not obtained from INEWSENT appears on
the same page and is of sufficient value to be the basis for such
sales.
Prohibited commercial uses do not include:
uploading an original video to INEWSENT, or maintaining an original
channel on INEWSENT, to promote your business or artistic enterprise;
showing INEWSENT videos through the Embeddable Player on an ad-enabled
blog or website, subject to the advertising restrictions set forth
above in Section 4.D; or
any use that INEWSENT expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial
use, see our FAQ.)
If you use the Embeddable Player on your website, you may not modify,
build upon, or block any portion or functionality of the Embeddable
Player, including but not limited to links back to the INEWSENT
website.
If you use the INEWSENT Uploader, you agree that it may automatically
download and install updates from time to time from INEWSENT. These
updates are designed to improve, enhance and further develop the
Uploader and may take the form of bug fixes, enhanced functions, new
software modules and completely new versions. You agree to receive
such updates (and permit INEWSENT to deliver these to you) as part of
your use of the Uploader.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses
the Service in a manner that sends more request messages to the
INEWSENT servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, INEWSENT grants the operators
of public search engines permission to use spiders to copy materials
from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials. INEWSENT
reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Service,
nor to use the communication systems provided by the Service (e.g.,
comments, email) for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Service with
respect to their Content.
In your use of the Service, you will comply with all applicable laws.
INEWSENT reserves the right to discontinue any aspect of the Service at
any time.
5. Your Use of Content
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and
logos ("Marks") on the Service, are owned by or licensed to INEWSENT,
subject to copyright and other intellectual property rights under the
law.
Content is provided to you AS IS. You may access Content for your
information and personal use solely as intended through the provided
functionality of the Service and as permitted under these Terms of
Service. You shall not download any Content unless you see a
“download” or similar link displayed by INEWSENT on the Service for
that Content. You shall not copy, reproduce, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any Content
for any other purposes without the prior written consent of INEWSENT or
the respective licensors of the Content. INEWSENT and its licensors
reserve all rights not expressly granted in and to the Service and the
Content.
You agree not to circumvent, disable or otherwise interfere with
security-related features of the Service or features that prevent or
restrict use or copying of any Content or enforce limitations on use
of the Service or the Content therein.
You understand that when using the Service, you will be exposed to
Content from a variety of sources, and that INEWSENT is not responsible
for the accuracy, usefulness, safety, or intellectual property rights
of or relating to such Content. You further understand and acknowledge
that you may be exposed to Content that is inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have
against INEWSENT with respect thereto, and, to the extent permitted by
applicable law, agree to indemnify and hold harmless INEWSENT, its
owners, operators, affiliates, licensors, and licensees to the fullest
extent allowed by law regarding all matters related to your use of the
Service.
6. Your Content and Conduct
As a INEWSENT account holder you may submit Content to the Service,
including videos and user comments. You understand that INEWSENT does
not guarantee any confidentiality with respect to any Content you
submit.
You shall be solely responsible for your own Content and the
consequences of submitting and publishing your Content on the Service.
You affirm, represent, and warrant that you own or have the necessary
licenses, rights, consents, and permissions to publish Content you
submit; and you license to INEWSENT all patent, trademark, trade
secret, copyright or other proprietary rights in and to such Content
for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content.
However, by submitting Content to INEWSENT, you hereby grant INEWSENT a
worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the Content in connection with the
Service and INEWSENT's (and its successors' and affiliates') business,
including without limitation for promoting and redistributing part or
all of the Service (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the
Service a non-exclusive license to access your Content through the
Service, and to use, reproduce, distribute, display and perform such
Content as permitted through the functionality of the Service and
under these Terms of Service. The above licenses granted by you in
video Content you submit to the Service terminate within a
commercially reasonable time after you remove or delete your videos
from the Service. You understand and agree, however, that INEWSENT may
retain, but not display, distribute, or perform, server copies of your
videos that have been removed or deleted. The above licenses granted
by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not
contain third party copyrighted material, or material that is subject
to other third party proprietary rights, unless you have permission
from the rightful owner of the material or you are otherwise legally
entitled to post the material and to grant INEWSENT all of the license
rights granted herein.
You further agree that you will not submit to the Service any Content
or other material that is contrary to the INEWSENT Community
Guidelines, currently found at
http://www.INEWSENT.com/t/community_guidelines, which may be updated
from time to time, or contrary to applicable local, national, and
international laws and regulations.
INEWSENT does not endorse any Content submitted to the Service by any
user or other licensor, or any opinion, recommendation, or advice
expressed therein, and INEWSENT expressly disclaims any and all
liability in connection with Content. INEWSENT does not permit
copyright infringing activities and infringement of intellectual
property rights on the Service, and INEWSENT will remove all Content if
properly notified that such Content infringes on another's
intellectual property rights. INEWSENT reserves the right to remove
Content without prior notice.
7. Account Termination Policy
INEWSENT will terminate a user's access to the Service if, under
appropriate circumstances, the user is determined to be a repeat
infringer.
INEWSENT reserves the right to decide whether Content violates these
Terms of Service for reasons other than copyright infringement, such
as, but not limited to, pornography, obscenity, or excessive length.
INEWSENT may at any time, without prior notice and in its sole
discretion, remove such Content and/or terminate a user’s account for
submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any
Content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available,
an electronic mail;
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
INEWSENT's designated Copyright Agent to receive notifications of
claimed infringement is Shadie Farazian, 901 Cherry Ave., San Bruno,
CA 94066, email: copyright@INEWSENT.com, fax: 650-872-8513. For
clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other
communications should be directed to INEWSENT customer service through
http://www.google.com/support/INEWSENT. You acknowledge that if you
fail to comply with all of the requirements of this Section 5(D), your
DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or
to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent,
or pursuant to the law, to post and use the material in your Content,
you may send a counter-notice containing the following information to
the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access
has been disabled and the location at which the Content appeared
before it was removed or disabled;
A statement that you have a good faith belief that the Content was
removed or disabled as a result of mistake or a misidentification of
the Content; and
Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the federal court in San
Francisco, California, and a statement that you will accept service of
process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright Agent, INEWSENT may
send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed Content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the Content provider, member or
user, the removed Content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice,
at INEWSENT's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, INEWSENT, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. INEWSENT MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. INEWSENT
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND INEWSENT WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL INEWSENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INEWSENT SHALL NOT BE LIABLE FOR
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Service is controlled and offered by INEWSENT from its facilities
in the United States of America. INEWSENT makes no representations that
the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
11. Indemnity
To the extent permitted by applicable law, you agree to defend,
indemnify and hold harmless INEWSENT, its parent corporation, officers,
directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (I) your
use of and access to the Service; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; or (iv) any claim that your Content caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these Terms
of Service. In any case, you affirm that you are over the age of 13,
as the Service is not intended for children under 13. If you are under
13 years of age, then please do not use the Service. There are lots of
other great web sites for you. Talk to your parents about what sites
are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by
INEWSENT without restriction.
14. General
You agree that: (I) the Service shall be deemed solely based in
California; and (ii) the Service shall be deemed a passive website
that does not give rise to personal jurisdiction over INEWSENT, either
specific or general, in jurisdictions other than California. These
Terms of Service shall be governed by the internal substantive laws of
the State of California, without respect to its conflict of laws
principles. Any claim or dispute between you and INEWSENT that arises
in whole or in part from the Service shall be decided exclusively by a
court of competent jurisdiction located in Santa Clara County,
California. These Terms of Service, together with the Privacy Notice
at http://www.INEWSENT.com/t/privacy and any other legal notices
published by INEWSENT on the Service, shall constitute the entire
agreement between you and INEWSENT concerning the Service. If any
provision of these Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and INEWSENT's
failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. INEWSENT
reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of
Service for any changes. Your use of the Service following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND INEWSENT AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: June 9, 2010
