1. Your Acceptance
A. By using and/or visiting this website (collectively, including all
content and functionality available through the TVLesson.com domain
name, the "TVLesson Website", or "Website"), you signify your agreement
to (1) these terms and conditions (the "Terms of Service"),
(2)TVLesson's privacy notice, found at http://www.tvlesson.com/privacy.php
and incorporated here by reference, and (3) TVLesson's Community
Guidelines incorporated here by reference. If you do not agree to any of
these terms, the TVLesson privacy notice, or the Community Guidelines,
please do not use the TVLesson Website.
B. 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. TVLesson 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 this Agreement
shall be deemed to confer any third-party rights or benefits.
2. TVLesson Website
A. These Terms of Service apply to all users of the TVLesson Website,
including users who are also contributors of video content, information,
and other materials or services on the Website. The TVLesson Website
includes all aspects of TVLesson, including but not limited to all
products, software and services offered via the website such as the
TVLesson channels, the TVLesson "Embeddable Player," the TVLesson "Uploader"
and other applications.
B. The TVLesson Website may contain links to third party websites that
are not owned or controlled by TVLesson. TVLesson has no control over,
and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, TVLesson will not
and cannot censor or edit the content of any third-party site. By using
the Website, you expressly relieve TVLesson from any and all liability
arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the TVLesson
Website and to read the terms and conditions and privacy policy of each
other website that you visit.
3. TVLesson Accounts
A. In order to access some features of the Website, you will have to
create a TVLesson 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 TVLesson immediately of any breach of security or
unauthorized use of your account.
B. Although TVLesson will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
TVLesson or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
TVLesson hereby grants you permission to access and use the Website as
set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined below), without
TVLesson's prior written authorization.
B. You agree not to alter or modify any part of the Website, including
but not limited to TVLesson's Embeddable Player or any of its related
technologies.
C. You agree not to access User Submissions (defined below) or TVLesson
Content through any technology or means other than the video playback
pages of the Website itself, the TVLesson Embeddable Player, or other
explicitly authorized means TVLesson may designate.
D. You agree not to use the Website, including the TVLesson Embeddable
Player for any commercial use, without the prior written authorization
of TVLesson. Prohibited commercial uses include any of the following
actions taken without TVLesson's express approval:
• sale of access to the Website or its related services (such as the
Embeddable Player) on another website;
• use of the Website or its related services (such as the Embeddable
Player), for the primary purpose of gaining advertising or subscription
revenue;
• the sale of advertising, on the TVLesson website or any third-party
website, targeted to the content of specific User Submissions or
TVLesson content;
• and any use of the Website or its related services (such as the
Embeddable player) that TVLesson finds, in its sole discretion, to use
TVLesson's resources or User Submissions with the effect of competing
with or displacing the market for TVLesson, TVLesson content, or its
User Submissions. (For more information about prohibited commercial
uses)
E. Prohibited commercial uses do not include:
• uploading an original video to TVLesson, or maintaining an original
channel on TVLesson, to promote your business or artistic enterprise;
• using the Embeddable Player to show TVLesson videos on an ad-enabled
blog or website, provided the primary purpose of using the Embeddable
Player is not to gain advertising revenue or compete with TVLesson;
• any use that TVLesson expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial
use)
F. If you use the TVLesson Embeddable Player on your website, you must
include a prominent link back to the TVLesson website on the pages
containing the Embeddable Player and you may not modify, build upon, or
block any portion of the Embeddable Player in any way.
G. If you use the TVLesson Uploader, you agree that it may automatically
download and install updates from time to time from TVLesson. 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 TVLesson to deliver these to you) as part of your
use of the Uploader.
H. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers," that
accesses the Website in a manner that sends more request messages to the
TVLesson 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, TVLesson 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. TVLesson 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 Website, nor to use the communication systems
provided by the Website (e.g. comments, email) for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User
Submissions.
I. In your use of the website, you will otherwise comply with the terms
and conditions of these Terms of Service, TVLesson Community Guidelines,
and all applicable local, national, and international laws and
regulations.
J. TVLesson reserves the right to discontinue any aspect of the TVLesson
Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content on
the TVLesson Website.
A. The content on the TVLesson Website, except all User Submissions (as
defined below), 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 TVLesson,
subject to copyright and other intellectual property rights under the
law. Content on the Website is provided to you AS IS for your
information and personal use only and may not be downloaded, 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. TVLesson
reserves all rights not expressly granted in and to the Website and the
Content.
B. You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the TVLesson Service;
and
• for Streaming.
"Streaming" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the TVLesson Service to a user's
device in such a manner that the data is intended for real-time viewing
and not intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User Videos for any purpose or in
any manner other than Streaming is expressly prohibited. User Videos are
made available "as is."
C. User Comments are made available to you for your information and
personal use solely as intended through the normal functionality of the
TVLesson Service. User Comments are made available "as is", and may not
be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, downloaded, or otherwise exploited in any
manner not intended by the normal functionality of the TVLesson Service
or otherwise as prohibited under this Agreement.
D. You may access TVLesson Content, User Submissions and other content
only as permitted under this Agreement. TVLesson reserves all rights not
expressly granted in and to the TVLesson Content and the TVLesson
Service.
E. You agree to not 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.
F. You agree not to circumvent, disable or otherwise interfere with
security-related features of the TVLesson Website or features that
prevent or restrict use or copying of any Content or enforce limitations
on use of the TVLesson Website or the Content therein.
G. You understand that when using the TVLesson Website, you will be
exposed to User Submissions from a variety of sources, and that TVLesson
is 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 TVLesson with respect thereto, and
agree to indemnify and hold TVLesson, 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.
6. Your User Submissions and Conduct
A. As a TVLesson account holder you may submit video content ("User
Videos") and textual content ("User Comments"). User Videos and User
Comments are collectively referred to as "User Submissions." You
understand that whether or not such User Submissions are published,
TVLesson does not guarantee any confidentiality with respect to any User
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: you own or have
the necessary licenses, rights, consents, and permissions to use and
authorize TVLesson to 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.
C. For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to TVLesson, you
hereby grant TVLesson a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
in connection with the TVLesson Website and TVLesson's (and its
successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the TVLesson Website (and
derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the TVLesson Website a
non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, display and perform such
User Submissions as permitted through the functionality of the Website
and under these Terms of Service. The above licenses granted by you in
User Videos terminate within a commercially reasonable time after you
remove or delete your User Videos from the TVLesson Service. You
understand and agree, however, that TVLesson may retain, but not
display, distribute, or perform, server copies of User Submissions that
have been removed or deleted. The above licenses granted by you in User
Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will
not 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
TVLesson all of the license rights granted herein.
E. You further agree that you will not, in connection with User
Submissions, submit material that is contrary to the TVLesson Community
Guidelines, which may be updated from time to time, or contrary to
applicable local, national, and international laws and regulations.
F. TVLesson does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and TVLesson expressly
disclaims any and all liability in connection with User Submissions.
TVLesson does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
TVLesson will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. TVLesson reserves the right to remove
Content and User Submissions without prior notice.
7. Account Termination Policy
A. TVLesson will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat infringer.
B. TVLesson reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length.
TVLesson may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of
Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any
User Submission or other 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.
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.
B. Counter-Notice. If you believe that your User Submission 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 content in your User
Submission, 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, TVLesson 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
TVLesson's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TVLESSON WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TVLESSON, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TVLESSON
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 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 TVLESSON WEBSITE. TVLESSON DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE TVLESSON WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TVLESSON
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 TVLESSON, 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 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 YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE TVLESSON WEBSITE, 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 TVLESSON SHALL 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 TVLesson from its facilities in
the United States of America. TVLesson makes no representations that the
TVLesson Website is appropriate or available for use in other locations.
Those who access or use the TVLesson Website from other jurisdictions do
so at their own volition and are responsible for compliance with local
law.
11. Indemnity
You agree to defend, indemnify and hold harmless TVLesson, 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 TVLesson Website; (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 one of
your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your
use of the TVLesson Website.
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
TVLesson Website is not intended for children under 13. If you are under
13 years of age, then please do not use the TVLesson Website. 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
TVLesson without restriction.
14. General
You agree that: (i) the TVLesson Website shall be deemed solely based in
California; and (ii) the TVLesson Website shall be deemed a passive
website that does not give rise to personal jurisdiction over TVLesson,
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 TVLesson that arises in
whole or in part from the TVLesson Website shall be decided exclusively
by a court of competent jurisdiction located in Orange County,
California. These Terms of Service, together with the Privacy Notice at
http://www.TVLesson.com/privacy.php and any other legal notices
published by TVLesson on the Website, shall constitute the entire
agreement between you and TVLesson concerning the TVLesson Website. 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 TVLesson's failure
to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. TVLesson 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 TVLesson Website following any amendment of
these Terms of Service will signify your assent to and acceptance of its
revised terms. YOU AND TVLESSON AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE TVLESSON WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
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