By
using and/or visiting this website (collectively, including all
content and functionality available through the Jointscene.com
domain name, the "Jointscene Website", or "Website"),
you signify your agreement to (1) these terms and conditions (the
"Terms of Service"), (2) Jointscene's privacy notice,
found at http://www.jointscene.com/privacy and
incorporated here by reference, and
also incorporated here by reference. If you do not agree to any of
these terms, the Jointscene privacy notice, or the Community
Guidelines, please do not use the Jointscene Website.
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.jointscene.com/terms).
Jointscene 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.
Jointscene Website
These
Terms of Service apply to all users of the Jointscene Website,
including users who are also contributors of video, audio, text
content, information, and other materials or services on the
Website. The Jointscene Website includes all aspects of Jointscene,
including but not limited to all products, software and services
offered via the website such as the Jointscene channels and other
applications.
The
Jointscene Website may contain links to third party websites that
are not owned or controlled by Jointscene. Jointscene has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition,
Jointscene will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve
Jointscene 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 Jointscene Website
and to read the terms and conditions and privacy policy of each
other website that you visit.
3.
Jointscene Accounts
In
order to access some features of the Website, you will have to
create a Jointscene 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 Jointscene immediately of
any breach of security or unauthorized use of your account.
Although
Jointscene will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses
of Jointscene or others due to such unauthorized use.
4.
General Use of the Website—Permissions and Restrictions
Jointscene
hereby grants you permission to access and use the Website as set
forth in these Terms of Service, provided that:
You
agree not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined below),
without Jointscene’s prior written authorization.
You
agree not to access User Submissions (defined below) or Jointscene
content through any technology.
You
agree not to use the Website for any commercial use, without the
prior written authorization of Jointscene. Prohibited commercial
uses include any of the following actions taken without Jointscene’s
express approval:
sale
of access to the Website or its related services on another
website;
use
of the Website or its related services, for the primary purpose of
gaining advertising or subscription revenue;
the
sale of advertising, on the Jointscene website or any third-party
website, targeted to the content of specific User Submissions or
Jointscene content;
and
any use of the Website or its related services that Jointscene
finds, in its sole discretion, to use Jointscene's resources or
User Submissions with the effect of competing with or displacing
the market for Jointscene, Jointscene content, or its User
Submissions.
Prohibited
commercial uses do not include:
uploading
an original video or picture or any other text content to
Jointscene, or maintaining an original channel on Jointscene, to
promote your business or artistic enterprise;
any
use that Jointscene expressly authorizes in writing.
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 Jointscene 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,
Jointscene 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. Jointscene 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.
In
your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Service, Jointscene Community
Guidelines, and all applicable local, national, and international
laws and regulations.
Jointscene
reserves the right to discontinue any aspect of the Jointscene
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 Jointscene Website.
The
content on the Jointscene 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 Jointscene, 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. Jointscene reserves all
rights not expressly granted in and to the Website and the Content.
You
may access User Submissions for your information and personal use
solely as intended through the provided functionality of the
Jointscene Website. You shall not copy or download any User
Submission unless you see a “download” or similar link
displayed by Jointscene on the Jointscene Website for that User
Submission.
User
Comments are made available to you for your information and personal
use solely as intended through the normal functionality of the
Jointscene Website. 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 Jointscene Website or otherwise as prohibited under this
Agreement.
You
may access Jointscene Content, User Submissions and other content
only as permitted under this Agreement. Jointscene reserves all
rights not expressly granted in and to the Jointscene Content and
the Jointscene Website.
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.
You
agree not to circumvent, disable or otherwise interfere with
security-related features of the Jointscene Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the Jointscene Website or the Content therein.
You
understand that when using the Joitnscene Website, you will be
exposed to User Submissions from a variety of sources, and that
Jointscene 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 Jointscene with respect thereto, and agree to indemnify
and hold Jointscene, 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
As
a Jointscene account holder you may submit video content and textual
content. User Videos and User Comments are collectively referred to
as "User Submissions." You understand that whether or not
such User Submissions are published, Jointscene does not guarantee
any confidentiality with respect to any User Submissions.
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 Jointscene 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.
For
clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to Jointscene,
you hereby grant Jointscene 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 Jointscene
Website and Jointscene’s (and its successors' and affiliates')
business, including without limitation for promoting and
redistributing part or all of the Jointscene Website (and derivative
works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Jointscene 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 Jointscene
Website. You understand and agree, however, that Jointscene 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.
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 Jointscene all of the license rights granted
herein.
Jointscene
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Jointscene expressly disclaims any
and all liability in connection with User Submissions. Jointscene
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Jointscene will
remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual
property rights. Jointscene reserves the right to remove Content and
User Submissions without prior notice.
7.
Account Termination Policy
Jointscene
will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
Jointscene
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.
Jointscene 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.
Copyright Issues
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 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.
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
f
a counter-notice is received by the Copyright Agent, Jointscene 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 Jointscene's sole discretion.
9.
Warranty Disclaimer
YOU
AGREE THAT YOUR USE OF THE JOINTSCENE WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JOINTSCENE, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. JOINTSCENE 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 JOINTSCENE
WEBSITE. JOINTSCENE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE JOINTSCENE WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JOINTSCENE 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 JOINTSCENE, 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 JOINTSCENE
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 JOINTSCNE 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 Jointscene from its facilities
in the United States of America. Jointscene makes no representations
that the Jointscene Website is appropriate or available for use in
other locations. Those who access or use the Jointscene 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 Jointscene, 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
Jointscene 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 Jointscene 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 Jointscene Website is not intended for children under
13. If you are under 13 years of age, then please do not use the
Jointscene 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
Jointscene without restriction.