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Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the Media Treasure.com domain
name, the "Media TreasureWebsite", or "Website"), YOU SIGNIFY
YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of
Service") AND THE TERMS AND CONDITIONS OF Media Treasure'S PRIVACY
POLICY, WHICH ARE PUBLISHED AT www.Media Treasure.com/t/privacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms, please do not use the Media TreasureWebsite.
2. Media TreasureWebsite
These Terms of Service apply to all users of the Media TreasureWebsite,
including users who are also contributors of video content,
information and other materials or services on the Website.
The Media TreasureWebsite may contain links to third party websites
that are not owned or controlled by Media Treasure. Media Treasurehas
no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites.
In addition, Media Treasurewill not and cannot censor or edit
the content of any third-party site. By using the Website, you
expressly relieve Media Treasurefrom any and all liability arising
from your use of any third-party website. Accordingly, we encourage
you to be aware when you leave the Media TreasureWebsite, and
to read the terms and conditions and privacy policy of each
other website that you visit.
3. Website Access
A. Media Treasurehereby grants you permission to use the Website
as set forth in this Terms of Service, provided that: (i) your
use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or any part of the
Website in any medium without Media Treasure's prior written
authorization; (iii) you will not alter or modify any part of
the Website other than as may be reasonably necessary to use
the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will
have to create an 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 Media Treasureimmediately
of any breach of security or unauthorized use of your account.
Although Media Treasurewill not be liable for your losses caused
by any unauthorized use of your account, you may be liable for
the losses of Media Treasureor others due to such unauthorized
use.
C. You agree not to use or launch any automated system, including
without limitation "robots," "spiders," "offline readers," etc
that accesses the Website in a manner that sends more request
messages to the Media Treasureservers in a given period of time
than a human can reasonably produce in the same period by using
a convention on-line web browser. Notwithstanding the foregoing,
Media Treasuregrants the operators of public search engines
permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials.
Media Treasurereserves the right to revoke these exceptions
either generally or in specific cases.
4.
Intellectual Property Rights
The content on the Media TreasureWebsite, including without
limitation the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to Media Treasure, subject
to copyright and other intellectual property rights under United
States and foreign laws, and international conventions. Content
on the Website is provided to you AS IS for your information
and personal use only, and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. Media Treasurereserves
all rights not expressly granted in and to the Website and the
Content. You agree not to engage in the use, copying, or distribution
of any of the Content other than expressly permitted herein,
including any use, copying or distribution of User Submissions
of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable
or otherwise interfere with security related features of the
Media TreasureWebsite or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the
Media TreasureWebsite or the Content therein.
5.
User Submissions
A. The Media TreasureWebsite may now or in the future permit
the submission of videos or other communications submitted by
you and other users ("User Submissions"), and the hosting, sharing
and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, Media Treasuredoes
not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent and/or warrant
that: (i) you own, or have the necessary licenses, rights, consents,
and permissions to use and authorize Media Treasureto use, all
patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service; and (ii) you have the
written consent, release, and /or permission of each and every
identifiable individual person in the User Submission to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service.
For clarity, you shall retain all of your ownership rights in
your User Submissions. However, by submitting the User Submissions
to Media Treasure, you hereby grant Media Treasurea worldwide,
non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, perform and otherwise
exploit the User Submissions in connection with the Media TreasureWebsite
and Media Treasure's (and its successor's) business, including
without limitation for promoting and redistributing part or
all of the Media TreasureWebsite (and derivative works thereof)
in any media formats and through any media channels. You also
hereby grant each user of the Media TreasureWebsite a non-exclusive
license to access your User Submissions through the Website,
and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service,
C. In connection with User Submissions, you further agree that
you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are
the owner of such rights or have permission from their rightful
owner to post the material and to grant Media Treasureall of
the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Media Treasureor any third
party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive or encourages conduct that would be
considered a criminal offense, give rise to civil liability,
violate any law or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate another person.
Media Treasuredoes not endorse any User Submission or any opinion,
recommendation or advice expressed therein, and Media Treasureexpressly
disclaims any and all liability in connection with User Submissions.
If notified by a user or a content owner of a User Submission
that allegedly does not conform to this Agreement, Media Treasuremay
investigate the allegation and determine in good faith and in
its sole discretion whether to remove the User Submission, which
it reserves the right to do at any time. For clarity, Media
Treasuredoes not permit copyright infringing activities on its
Website, and reserves the right to terminate access to the Website,
and remove all Content submitted, by any persons who are found
to be repeat infringers.
D. In particular, if you are a copyright owner or an agent thereof,
and believe that any User Submission 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: (a) the electronic or
physical signature of the owner of the copyright or the person
authorized to act on the owner's behalf; (b) identification
of the copyrighted work(s) that you claim has been infringed;
(c) identification of the specific User Submission(s) alleged
to be infringing, including information reasonably sufficient
to permit Media Treasureto identify and locate the material
on the Media TreasureWebsite; (d) information reasonably sufficient
to permit Media Treasureto contact you, such as your name, address,
telephone number, and email address; (e) 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; and
(f) a statement, made under penalty of perjury, that the above
information in your notification is accurate and that you are
the copyright owner or are authorized to act on the copyright
owner's behalf. Media Treasure's designated Copyright Agent
to receive notifications of claimed infringement is: [copyright@Media
Treasure.com] 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 Media Treasurecustomer service through http://www.Media Treasure.com/contact.php.
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.
E. You understand that when using the Media TreasureWebsite
you will be exposed to User Submissions from a variety of sources,
and that Media Treasureis not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge
that you may be exposed to User Submissions that are 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 Media Treasurewith respect thereto,
and agree to indemnify and hold Media Treasure, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of
the site.
F. Media Treasurepermits you to link to Your own User Submissions
hosted on the website or User Submissions of other third parties
available on the Website, for personal, non-commercial purposes
only. In addition, Media Treasureprovides an "Embeddable Player"
feature, in which you can incorporate certain User Submissions
on your own personal, non-commercial websites, provided that
you include a prominent link back to the Media Treasurewebsite
on the pages containing the Embeddable Player. You understand
that the User Submissions, whether or not linked or embedded
into other web sites, are provided to You only on an as-available
basis, and Media Treasuredoes not guarantee that their availability
will be uninterrupted or bug free. Media Treasurereserves the
right to discontinue any aspect to the Media TreasureWebsite
at any time, including discontinue any linked or embedded Content
either generally or in specific cases.
6.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Media TreasureWEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Media
Treasure, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. Media TreasureMAKES 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 WEBSITE, (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 WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE 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 SERVICE.
Media TreasureDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE Media TreasureWEBSITE OR ANY HYPERLINKED
WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
Media TreasureWILL 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.
7. Limitation of Liability
IN NO EVENT SHALL Media Treasure, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE 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 WEBSITE, (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
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 SERVICE, 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 Media TreasureSHALL NOT BE
LIABLE FOR USER SUBMISSIONS 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 Website is controlled and offered by Media Treasurefrom
its facilities in the United States of America. Media Treasuremakes
no representations that the Media TreasureWebsite is appropriate
or available for use in other locations. Those who access or
use the Media TreasureWebsite from other jurisdictions do so
at their own volition and are responsible for compliance with
local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Media Treasure,
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 Media TreasureWebsite; (ii) your violation of
any term of this Agreement; (iii) your violation of any third
party right, including without limitation any copyright, property,
or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification
obligation will survive this Agreement and your use of the Media
TreasureWebsite.
9. 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 Media TreasureWebsite
is not intended for children under 13.
10.
General
You agree that: (i) the Media TreasureWebsite shall be deemed
solely based in California; and (ii) the Media TreasureWebsite
shall be deemed a passive website that does not give rise to
personal jurisdiction over Media Treasure, either specific or
general, in jurisdictions other than California. This Agreement
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 Media Treasurethat arises
in whole or in part from the Media TreasureWebsite shall be
decided exclusively by a court of competent jurisdiction located
in San Mateo County, California. This Agreement, together with
the Privacy Policy at http://www.Media Treasure.com/t/privacy
and any other legal notices published by Media Treasureon the
Website, shall constitute the entire agreement between you and
Media Treasureconcerning the Media TreasureWebsite. If any provision
of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any
term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Media Treasure's
failure to assert any right or provision under this Agreement
shall not constitute a waiver of such right or provision. Media
Treasurereserves the right to amend this Agreement at any time
and without notice, and it is your responsibility to review
the Agreement for any changes. Your use of the Media TreasureWebsite
following any amendment of this Agreement will signify your
assent to and acceptance of its revised terms |
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