3rdsetvideo.com Terms of Use Agreement
Dec. 2008
3rdsetvideo, Inc. (“3rdsetvideo” or “we”) operates
3rdsetvideo.com, which is a social networking service that allows Bands, Musicians,
and Venues to create unique websites online in order to find and communicate
with fans, prospective fans, friends, and customers. The services offered by 3rdsetvideo include
any 3rdsetvideo-branded URL (the "3rdsetvideo Website"), related
applications, and any other features, content, or applications offered from
time to time by 3rdsetvideo in connection with 3rdsetvideo’s business
(collectively, the "3rdsetvideo Services"). The 3rdsetvideo Services are hosted in the
This Terms of Use Agreement ("Agreement") sets
forth the legally binding terms for your use of the 3rdsetvideo Services. By using the 3rdsetvideo Services, you agree
to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the 3rdsetvideo Website, including through
a mobile device, or otherwise use the 3rdsetvideo Services without being
registered) or you are a "Member" (which means
that you have registered with 3rdsetvideo).
The term "User" refers to a Band, Musician or a Venue. You are
only authorized to use the 3rdsetvideo Services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and the
terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this
Agreement and to follow all applicable laws, you should leave the 3rdsetvideo
Website and discontinue use of the 3rdsetvideo Services immediately. If you wish to become a Member, communicate
with other Members and/or make use of the 3rdsetvideo Services, you must read
this Agreement and indicate your acceptance during the registration process.
This Agreement includes 3rdsetvideo's policy for
acceptable use of the 3rdsetvideo Services and Content (as defined in Section
6.a below) posted on or through the 3rdsetvideo Services and your rights,
obligations and restrictions regarding your use of the 3rdsetvideo Services and
Content posted on or through the 3rdsetvideo Services. In order to participate in certain
3rdsetvideo Services, you may be notified that you are required to download
software or content and/or agree to additional terms and conditions from
3rdsetvideo. Unless otherwise provided
by the additional terms and conditions applicable to the 3rdsetvideo Services
in which you choose to participate, those additional terms are hereby
incorporated into this Agreement.
3rdsetvideo may modify this Agreement from time to time
and such modification shall be effective upon posting by 3rdsetvideo on the
3rdsetvideo Website. Your continued use of the 3rdsetvideo Services after 3rdsetvideo
posts a revised Agreement signifies your acceptance of the revised
Agreement. It is therefore
important that you review this Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information you post on or
through the 3rdsetvideo Services and that you provide to other Users. Your 3rdsetvideo website may not include any
form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials,
products or services provided by other 3rdsetvideo Members (for instance, in
their website) may, in whole or in part, be unauthorized, impermissible or
otherwise violate this Agreement, and 3rdsetvideo assumes no responsibility or
liability for this material. If you
become aware of misuse of the 3rdsetvideo Services by any person, please click
on the "drop us a note”
link at the bottom of the 3rdsetvideo Website page
3rdsetvideo reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to deny,
restrict, suspend, or terminate your access to all or any part of the
3rdsetvideo Services at any time, for any or no reason, with or without prior
notice or explanation, and without liability.
3rdsetvideo expressly reserves the right to remove your website and/or
deny, restrict, suspend, or terminate your access to all or any part of the
3rdsetvideo Services if 3rdsetvideo determines, in its sole discretion,
that you have violated this Agreement or pose a threat to 3rdsetvideo
and/or its Users.
1. Eligibility. Use of the
3rdsetvideo Services and registration to be a Member for the 3rdsetvideo
Services (“Membership”) is void where prohibited. By using the 3rdsetvideo Services, you represent
and warrant that (a) all registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; (c) you are
13 years of age or older; and (d) your use of the 3rdsetvideo Services does not
violate any applicable law or regulation.
Your website may be deleted and your Membership may be terminated
without warning, if we believe that you are under 13
years of age, if we believe that you are under 18
years of age and you represent yourself as 18 or older, or if we believe you
are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full
force and effect while you use the 3rdsetvideo Services or are a Member. You may terminate your Membership at any
time, for any reason. 3rdsetvideo may
terminate your Membership at any time, for any or no
reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this
Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that
3rdsetvideo reserves the right to charge for any portion of the 3rdsetvideo
Services and to change its fees (if any) from time to time in its
discretion. If 3rdsetvideo terminates
your Membership because you have breached the Agreement, you shall not be
entitled to the refund of any unused portion of fees or payments (if any).
4. 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 3rdsetvideo 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.
5. Use by Members. The 3rdsetvideo
Services are for the personal use of Members and may be used for promotional
purposes as well, but direct commercial endeavors may only be used if they are
specifically endorsed or authorized by 3rdsetvideo. 3rdsetvideo reserves the right to remove
commercial content in its sole discretion.
Illegal and/or unauthorized use of the 3rdsetvideo Services, including
collecting usernames, user id numbers, 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 3rdsetvideo Website, or employing third
party promotional sites or software to promote websites for money, is
prohibited. Commercial advertisements,
affiliate links, and other forms of unauthorized solicitation may be removed
from Member websites without notice or explanation and may result in
termination of Membership privileges. 3rdsetvideo reserves the right to take appropriate legal action for any
illegal or unauthorized use of the 3rdsetvideo Services. 3rdsetvideo does
endorse the use of 3rdsetvideo for Band promotion (advertise your band, music)
Venues may advertise their establishment under the venue section. Bands and venues may not inter mix, however a
band on 3rdsetvideo may also be part of Venue 3rdsetvideo webpage provided that have a gig (performance) at
that venue.
6.
Proprietary Rights in Content on 3rdsetvideo.
6.a 3rdsetvideo does not
claim any ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, applications, or any other materials
(collectively, "Content") that you post on or through the 3rdsetvideo
Services. After posting your Content to
the 3rdsetvideo Services, you continue to retain any such rights that you may
have in your Content, subject to the limited license herein. By displaying or publishing ("posting")
any Content on or through the 3rdsetvideo Services, you hereby grant to
3rdsetvideo a limited license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such Content solely on or
through the 3rdsetvideo Services, including without limitation distributing
part or all of the 3rdsetvideo Website in any media formats and through any
media channels. This limited license
does not grant 3rdsetvideo the right to sell or otherwise distribute your
Content outside of the 3rdsetvideo Services.
After you remove your Content from the 3rdsetvideo Website we will cease
distribution as soon as practicable, and at such time when distribution ceases,
the license will terminate.
6.b The license you grant
to 3rdsetvideo is non-exclusive (meaning you are free to license your Content
to anyone else in addition to 3rdsetvideo), fully-paid and royalty-free
(meaning that 3rdsetvideo is not required to pay you for the use on the
3rdsetvideo Services of the Content that you post), sublicensable
(so that 3rdsetvideo is able to use its affiliates, subcontractors and other
partners such as Internet content delivery networks and wireless carriers to
provide the 3rdsetvideo Services), and worldwide (because the Internet and the
3rdsetvideo Services are global in reach).
6.c You represent and
warrant that: (i) you own the Content posted by you on or
through the 3rdsetvideo Services or otherwise have the right to grant the license
set forth in this Section 6, and (ii) the posting of your Content on or through
the 3rdsetvideo Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and
any other monies owing any person or entity by reason of any Content posted by
you on or through the 3rdsetvideo Services.
6.d The 3rdsetvideo Services contain Content of
3rdsetvideo ("3rdsetvideo Content").
3rdsetvideo Content is protected by copyright, trade secret and other
laws, and 3rdsetvideo owns and retains all rights in the 3rdsetvideo Content
and the 3rdsetvideo Services.
3rdsetvideo hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the 3rdsetvideo Content (excluding any
software code) solely for your personal use in connection with viewing the
3rdsetvideo Website and using the 3rdsetvideo Services.
6.e The 3rdsetvideo
Services contain Content of Users and other 3rdsetvideo licensors. Except as provided within this Agreement, you
may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or
through the 3rdsetvideo Services.
6.f 3rdsetvideo performs
technical functions necessary to offer the 3rdsetvideo Services, including but
not limited to transcoding and/or reformatting
Content to allow its use throughout the 3rdsetvideo Services.
7. Content Posted.
7.a 3rdsetvideo may
reject, refuse to post or delete any Content for any or
no reason, including Content that in the sole judgment of 3rdsetvideo
violates this Agreement or which may be offensive, illegal or violate the
rights of any person or entity, or harm or threaten the safety of any person or
entity. 3rdsetvideo assumes no responsibility for monitoring the 3rdsetvideo
Services for inappropriate Content or conduct.
If at any time 3rdsetvideo chooses, in its sole discretion, to monitor
the 3rdsetvideo Services, 3rdsetvideo 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.
7.b You are solely
responsible for the Content that you post on or through any of the 3rdsetvideo
Services, and any material or information that you transmit to other Members
and for your interactions with other Users.
8. Content/Activity Prohibited. The following are
examples of the kind of Content that is illegal or prohibited to post on or
through the 3rdsetvideo Services.
3rdsetvideo reserves the right to investigate and take appropriate legal
action.
against anyone
who, in 3rdsetvideo's sole discretion, violates this provision, including
without limitation, removing the offending Content from the 3rdsetvideo
Services and terminating the Membership of such violators. Prohibited Content includes, but is not
limited to, Content that, in the sole discretion of
3rdsetvideo:
8.a is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
8.b harasses or advocates
harassment of another person;
8.c exploits people in a
sexual or violent manner;
8.d contains nudity,
excessive violence, or offensive subject matter or contains a link to an adult
website;
8.e solicits personal
information from anyone under 18;
8.f publicly posts
information that poses or creates a privacy or security risk to any person;
8.g constitutes or
promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
8.h
constitutes
or 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 manufacturer-installed copy-protect devices, or providing
pirated music or links to pirated music files;
8.i involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
8.j contains restricted or
password only access pages or hidden pages or images (those not linked to or
from another accessible page);
8.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;
8.l
solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
8.m
involves
commercial activities and/or sales without prior written consent from
3rdsetvideo such as contests, sweepstakes, barter, advertising, or pyramid
schemes; except for what is expressly permitted for Bands and Venues.
8.n
includes
a photograph or video of another person that you have posted without that
person's consent;
8.o
for band,
comedy, filmmaker and other websites, uses sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic to the
website; or
8.p
violates
the privacy rights, publicity rights, copyrights, trademark rights, contract
rights or any other rights of any person.
The following are examples of the kind
of activity that is illegal or prohibited on the 3rdsetvideo Website and
through your use of the 3rdsetvideo Services.
3rdsetvideo reserves the right to investigate and take appropriate legal
action against anyone who, in 3rdsetvideo's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity
includes, but is not limited to:
8.q
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;
8.r
advertising to, or solicitation of, any Member
to buy or sell any products or services through the unauthorized or
impermissible use of the 3rdsetvideo Services.
You may not transmit any chain letters or junk email to other Members.
If you breach this Agreement and send unsolicited bulk email, instant messages
or other unauthorized commercial communications of any kind through the
3rdsetvideo Services, you acknowledge that you will have caused substantial
harm to 3rdsetvideo, but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable
estimation of such harm, you agree to pay 3rdsetvideo $50 for each such
unsolicited email or other unauthorized commercial communication you send
through the3rdsetvideo Services;
8.s
circumventing
or modifying, attempting to circumvent or modify, or encouraging or assisting
any other person in circumventing or modifying any security technology or software
that is part of the 3rdsetvideo Services;
8.t activity that involves the use of viruses, bots, worms, or any
other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise permit the
unauthorized use of or access to a computer or a computer network;
8.u
covering
or obscuring the banner advertisements on your personal website page, or any
3rdsetvideo page via HTML/CSS or any other means;
8.v
any
automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.x
interfering
with, disrupting, or creating an undue burden on the 3rdsetvideo Services or
the networks or services connected to the 3rdsetvideo Services;
8.y
impersonating
or attempting to impersonate another Member, person or entity;
8.z
for band,
comedy, filmmaker and other websites containing a 3rdsetvideo player, copying
the code for your 3rdsetvideo Player and embedding it (or directing others to embed it) anywhere other than your band
website on 3rdsetvideo;
8.aa
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;
8.bb selling or otherwise transferring your
website; except to other member of your band.
8.cc
using any
information obtained from the 3rdsetvideo Services in order to harass, abuse,
or harm another person or entity, or attempting
to do the same;
8.dd displaying an unauthorized commercial
advertisement on your website, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity through
the unauthorized or impermissible use of the 3rdsetvideo Services on behalf of
that person, such as placing commercial content on your website, posting blogs
or bulletins with a commercial purpose, selecting a website with a commercial
purpose as one of your "Top 8" friends, or sending private messages
with a commercial purpose; or
8.dd
displaying
an unauthorized commercial advertisement on your website, or accepting payment
or anything of value from a third person in exchange for your performing any commercial
activity through the unauthorized or impermissible use of the 3rdsetvideo
Services on behalf of that person, such as placing commercial content on your
website, posting blogs or bulletins with a commercial purpose, selecting a
website with a commercial purpose as one of your "Top 8" friends, or
sending private messages with a commercial purpose; or
8.ee using the 3rdsetvideo Services in a manner
inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights
and Other Intellectual Property. 3rdsetvideo
respects the intellectual property of others, and requires that our users do
the same. You may not upload, embed,
post, email, transmit or otherwise make available any material that infringes
any copyright, patent, trademark, trade secret or other proprietary rights of
any person or entity. 3rdsetvideo has
the right to terminate the Membership of infringers.
If you believe your work has
been copied and posted on or through the 3rdsetvideo Services in a way that
constitutes copyright infringement, please send 3rdsetvideo's Copyright Agent a
notification of claimed infringement with all of the following information: (a)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the claimed infringing
material and information reasonably sufficient to permit us to locate the
material on the 3rdsetvideo Services (providing the URL(s) of the claimed
infringing material satisfies this requirement); (c) information reasonably
sufficient to permit us to contact you, such as an address, telephone number,
and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that
you are the copyright owner or a authorized to act on the copyright owner's
behalf; and (f) your physical or electronic signature.
10. Member Disputes. You are solely responsible for your
interactions with other 3rdsetvideo Members.
3rdsetvideo reserves the right, but has no obligation, to become
involved in any way with disputes between you and other Members.
11. Privacy. Use of the 3rdsetvideo Services is also
governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. 3rdsetvideo is not responsible for and
makes no warranties, express or implied, as to the User Content or the accuracy
and reliability of the User Content posted on or through the 3rdsetvideo
Services, whether caused by Users of the 3rdsetvideo Services or by any of the
equipment or programming associated with or utilized in the 3rdsetvideo
Services and such User Content does not necessarily reflect the opinions or
policies of 3rdsetvideo. Websites and
third party applications created and posted by Members on the 3rdsetvideo
Website may contain links to other websites.
3rdsetvideo is not responsible for the content, accuracy or opinions
expressed on such websites, and such websites are not necessarily investigated,
monitored or checked for accuracy or completeness by 3rdsetvideo. Inclusion of any linked website on the
3rdsetvideo Services does not imply approval or endorsement of the linked
website by 3rdsetvideo. When you access
these third party sites, you do so at your own risk. 3rdsetvideo takes no responsibility for third
party advertisements or third party applications that are posted on or through
the 3rdsetvideo Services, nor does it take any responsibility for the goods or
services provided by its advertisers. 3rdsetvideo is not responsible for the
conduct, whether online or offline, of any User of the 3rdsetvideo
Services. 3rdsetvideo 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. 3rdsetvideo 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 3rdsetvideo 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 3rdsetvideo Services.
Under no circumstances shall 3rdsetvideo be responsible for any loss or
damage, including personal injury or death, resulting from use of the
3rdsetvideo Services, attendance at a 3rdsetvideo event, from any User Content
posted on or through the 3rdsetvideo Services, or from the conduct of any Users
of the 3rdsetvideo Services, whether online or offline. The 3rdsetvideo Services are provided
"AS-IS" and as available and 3rdsetvideo expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. 3rdsetvideo cannot guarantee and does not
promise any specific results from use of the 3rdsetvideo Services.
13. Limitation on Liability. IN NO EVENT SHALL
3RDSETVIDEO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
3RDSETVIDEO SERVICES, EVEN IF 3RDSETVIDEO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, 3RDSETVIDEO'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 3RDSETVIDEO FOR THE 3RDSETVIDEO
SERVICES DURING THE TERM OF MEMBERSHIP.
14.
15. Disputes.
The Agreement shall be governed by, and construed in accordance with, the laws
of the State of
16. Indemnity. You agree to indemnify and hold
3rdsetvideo, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the 3rdsetvideo Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth in this Agreement and/or if any
Content that you post on or through the 3rdsetvideo Services causes 3rdsetvideo
to be liable to another.
17. Other. This Agreement is accepted upon your use of
the 3rdsetvideo Website or any of the 3rdsetvideo Services and is further
affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and 3rdsetvideo
regarding the use of the 3rdsetvideo Services.
The failure of 3rdsetvideo 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.
3rdsetvideo is a trademark of 3rdsetvideo, Inc.
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: 3rdSetVideo Drop Us A Note with any questions
regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.