DISCOVERYCAST™ TERMS OF USE
DiscoveryCast™ Company Website - Terms of use and legal restrictions
ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT DISCOVERYCAST™ MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT DISCOVERYCAST™ MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “DISCOVERYCAST™ WEBSITES.”
Use of DiscoveryCast™ Websites
Except as set forth in “Other agreements; software, services or access”, below, DiscoveryCast™
authorizes you to use the DiscoveryCast™ Websites only for your own personal, non-commercial purposes. Use of the DiscoveryCast™ Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and DiscoveryCast™, DiscoveryCast™™ owns the DiscoveryCast™ Websites. The DiscoveryCast™ Websites are protected under United States and international copyright laws. Any unauthorized use of the DiscoveryCast™ Websites may violate copyright, trademark, and other laws.
Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the DiscoveryCast™ Websites and for paying all charges related thereto. When you register to open an account anywhere on the DiscoveryCast™
Websites, or when you contact DiscoveryCast™
through the DiscoveryCast™
Websites for the purpose of receiving services, DiscoveryCast™
may collect certain personal information about you. DiscoveryCast™’s
use of such information is governed by the provisions of the DiscoveryCast™
Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your DiscoveryCast™
Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your DiscoveryCast™
Websites password and you are solely responsible for all activities that occur under your password. You agree to notify DiscoveryCast™
immediately of any unauthorized use of your password or any other breach of security related to the DiscoveryCast™
Websites. DiscoveryCast™
reserves the right to require you to change your password if DiscoveryCast™
believes that your password no longer is secure. Access to DiscoveryCast™
Websites granted under other separately executed agreements by DiscoveryCast™
and You shall supersede the terms contained in this Section.
Prohibited uses
You agree not to use the DiscoveryCast™
Websites (including, without limitation, any Materials or Services you may obtain through your use of the DiscoveryCast™
Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the DiscoveryCast™
Websites or servers or networks connected to the DiscoveryCast™
Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the DiscoveryCast™
Websites; or (y) attempt to gain unauthorized access to any portion of the DiscoveryCast™
Websites or any other accounts, computer systems, or networks connected to the DiscoveryCast™
Websites, whether through hacking, password mining, or any other means.
Termination
Except as set forth in “Other agreements; software, services or access”, below, DiscoveryCast™
may terminate, suspend, or modify your registration with, or access to, all or part of the DiscoveryCast™
Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the DiscoveryCast™
Websites at any time. If you breach any of these Terms, your authorization to use the DiscoveryCast™
Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Disclaimers
THE DISCOVERYCAST™ WEBSITES ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DISCOVERYCAST™ WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT DISCOVERYCAST™, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. DISCOVERYCAST™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE DISCOVERYCAST™ WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DISCOVERYCAST™ MAKES NO WARRANTY THAT THE DISCOVERYCAST™ WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE DISCOVERYCAST™ WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE DISCOVERYCAST™ WEBSITES WILL BE CORRECTED. DISCOVERYCAST™ MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DISCOVERYCAST™ WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DISCOVERYCAST™ WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE DISCOVERYCAST™ WEBSITES OR FROM DISCOVERYCAST™, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE DISCOVERYCAST™ PARTIES”) SHALL CREATE ANY WARRANTY. DISCOVERYCAST™ DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE DISCOVERYCAST™ PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE UNITED STATES (US$1.00) DOLLAR (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE DISCOVERYCAST™ WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE DISCOVERYCAST™ WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY DISCOVERYCAST™ PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any DiscoveryCast™
Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the DiscoveryCast™
Party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
DiscoveryCast™
may provide services or access to DiscoveryCast™
Websites under the terms of a separate agreement between you and DiscoveryCast™
(each, an “Other Agreement”). DiscoveryCast™’s obligations with respect to any service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
Modifications to DiscoveryCast™ Websites
DiscoveryCast™
reserves the right to modify, suspend, or discontinue the DiscoveryCast™
Websites at any time without notice to you. For example, DiscoveryCast™
may make changes to the Materials and/or Services at any time without notice. The Materials and Services may be out of date and DiscoveryCast™
makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country.
User submissions
Certain future areas of the DiscoveryCast™
Websites (including but not limited to chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to DiscoveryCast™
an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that DiscoveryCast™
deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). DiscoveryCast™
reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. DiscoveryCast™
may, but is not obligated to, pre-screen User Submissions or monitor any area of the DiscoveryCast™
Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. DiscoveryCast™
is not required to host, display, or distribute any User Submissions on or through the DiscoveryCast™
Websites and may remove at any time or refuse any User Submissions for any reason. DiscoveryCast™
is not responsible for any loss, theft, or damage of any kind to any User Submissions. DiscoveryCast™
does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that DiscoveryCast™
will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. DiscoveryCast™
does not guarantee that you will have any recourse through DiscoveryCast™
or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to DiscoveryCast™
the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to DiscoveryCast™
described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the DiscoveryCast™
Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the DiscoveryCast™
Websites. DiscoveryCast™
is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, DiscoveryCast™
does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the DiscoveryCast™
Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent DiscoveryCast™’s written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any DiscoveryCast™
logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that DiscoveryCast™
endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with DiscoveryCast™;
(e) shall not present false or misleading information about DiscoveryCast™, its products, or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
Trademarks
DiscoveryCast™, DiscoveryVote, and any other product or service name or slogan or logo contained in the DiscoveryCast™
Websites are trademarks of DiscoveryCast™
and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DiscoveryCast™
or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with DiscoveryCast™
or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of DiscoveryCast™
without DiscoveryCast™’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of DiscoveryCast™
and may not be copied, imitated, or used (in whole or in part) without DiscoveryCast™’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by DiscoveryCast™.
Procedure for making claims of infringement
DiscoveryCast™
respects the intellectual property rights of others. Accordingly, DiscoveryCast™
has a policy of removing future User Submissions that violate copyright law, suspending access to the DiscoveryCast™
Websites (or any portion thereof) to any user who uses the DiscoveryCast™
Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the DiscoveryCast™
Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, DiscoveryCast™
has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the DiscoveryCast™
Websites, please provide written notice to the following DISCOVERYCAST™ agent for notice of claims of infringement:
DiscoveryCast™, Inc.
201 Harrison St #127
San Francisco, CA 94105
Tel: 1-415-676-0936
Fax: 1-253-423-5464
Email:
support@discoverycast.com
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow DiscoveryCast™ to locate that material;
(d) contain adequate information by which DiscoveryCast™ can contact you (including postal address, telephone number, and e-mail address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
U.S. government restricted rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), are subject to the provisions of FAR 12.211 - "Technical Data", and FAR 12.212 - "Computer Software" , or to clauses providing DiscoveryCast™ equivalent protections in DFARS or other agency specific regulations.
International and export issues
DiscoveryCast™ administers this Site from its offices in San Francisco, California. DiscoveryCast™ makes no representation that the DiscoveryCast™ Websites are appropriate or available for use outside the United States and access to the DiscoveryCast™ Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the DiscoveryCast™ Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the DiscoveryCast™ Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce
Entity List of proliferation concern ,
or the US State Department Debarred Parties List. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification
You agree to indemnify, defend, and hold harmless the DiscoveryCast™ Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. DiscoveryCast™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DiscoveryCast™’s defense of such claim.
Electronic communications
When you visit the Site or send e-mails to DiscoveryCast™, you are communicating with DiscoveryCast™ electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that DiscoveryCast™ provides to you electronically satisfy any legal requirement that such communications be in writing.
General
These Terms, together with any additional terms to which you agree when using particular elements of the DiscoveryCast™ Websites, constitute the entire and exclusive and final statement of the agreement between you and DiscoveryCast™ with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and DiscoveryCast™ with respect to such subject matter. The DiscoveryCast™ Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and DiscoveryCast™ shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the DiscoveryCast™ Websites shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of DiscoveryCast™ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of DiscoveryCast™ and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the DiscoveryCast™ Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or DiscoveryCast™. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DiscoveryCast™ without restriction.
Modifications to these Terms
DiscoveryCast™ may, in its sole and absolute discretion, change these Terms from time to time. DiscoveryCast™ will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the DiscoveryCast™ Websites. Continued use of the DiscoveryCast™ Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the DiscoveryCast™ Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
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Revised November 2009
© 2012 DiscoveryCast™, Inc.