TERMS OF SERVICE
Last Updated August, 2011
Following are the Terms of Service for TechApplication.com and the ItsAllOn.TV Networks, which are a wholly owned entity of TechApplication.com, LLC and in combination referred to herein as “TAC” or “IAO Networks” or “Website(s)”.
1. Your Acceptance
1. By using and/or visiting this website (collectively, including all content and functionality available through the "IAO Networks", you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) TAC privacy notice, found at http://www.ItsallOn.TV/notices/privacy.html and incorporated here by reference. If you do not agree to any of these terms, or the TAC privacy notice, please do not use the IAO Networks.
2. 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.ItsAllOn.TV/notices/tos.html. TAC 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. IAO Networks
1. These Terms of Service apply to all users of the IAO Networks, including users who are also contributors of video content, information, and other materials or services on the Website. The IAO Networks includes all aspects of the IAO Networks, including but not limited to all products, software and services offered via the website such as the IAO Networks and channels, the IAO Share features, IAO "Embeddable Players," sharing of media links, the IAO "Uploader", system testing, portals and other applications.
2. The IAO Networks may contain links to third party websites that are not owned or controlled by TAC. TAC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TAC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TAC from any and all liability arising from your use of any third-party website.
3. TAC Accounts and Registrations
1. In order to access some features of the Website, you will have to create a TAC account or registration to one of the IAO Networks or events. You may never use another's account without permission. When creating your account or registering, 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 if applicable. You must notify TAC immediately of any breach of security or unauthorized use of your account.
2. Although TAC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TAC or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
TAC hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Website, including but not limited to Submissions (defined below), without TAC's prior written authorization.
2. You agree not to alter or modify any part of the Website, including but not limited to TAC's Embeddable Players or Share Players or any of its related technologies.
3. You agree not to access Submissions (defined below) or TAC Content through any technology or means other than the video playback pages of the Website itself, the TAC Embeddable Players or Share Players, or other explicitly authorized means TAC may designate.
4. You agree not to use the Website, including the TAC Embeddable Players or Share Players for any commercial use, without the prior written authorization of TAC. Prohibited commercial uses include any of the following actions taken without TAC's express approval:
* sale of access to the Website or its related services (such as the Embeddable Players or Share Players) 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 IAO Networks or any third-party website, targeted to the content of specific Submissions or TAC content;
* and any use of the Website or its related services (such as the Embeddable Players or Share Players) that TAC finds, in its sole discretion, to use TAC's resources or Submissions with the effect of competing with or displacing the market for TAC, TAC content, or its Submissions.
5. Prohibited commercial uses do not include:
* uploading an original video to TAC, or maintaining an original channel or network on TAC, to promote your business or artistic enterprise;
* using the Embeddable Players or Share Players to show TAC 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 TAC;
* any use that TAC expressly authorizes in writing.
6. If you use the TAC Embeddable Players or Share Players on your website, you must include a prominent link back to the IAO Networks on the pages containing the Embeddable Players or Share Players and you may not modify, build upon, or block any portion of the Embeddable Players or Share Players in any way.
7. If you use the TAC uploading system for video or other media, you agree that it may automatically download and install updates from time to time from TAC. These updates are designed to improve, enhance and further develop the uploading system 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 TAC to deliver these to you) as part of your use of the uploading system.
8. 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 TAC 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, TAC 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. TAC 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 Submissions.
9. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
10. TAC reserves the right to discontinue any aspect of the IAO Networks 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 IAO Networks.
1. The content on the IAO Networks, except all 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"), which are owned by or licensed to TAC or provided by TAC clients for use within the site, 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. TAC reserves all rights not expressly granted in and to the Website and the Content.
2. You may access Submissions for your information and personal use solely as intended through the provided functionality of the IAO Networks and channels. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by TAC on the IAO Networks for that User Submission.
3. User Comments may made available to you for your information and personal use solely as intended through the normal functionality of the IAO Networks. 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 IAO Networks or otherwise as prohibited under this Agreement.
4. You may access TAC Content, Submissions and other content only as permitted under this Agreement. TAC reserves all rights not expressly granted in and to the TAC Content and the IAO Networks.
5. 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 Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the IAO Networks or features that prevent or restrict use or copying of any Content or enforce access or limitations on use of the IAO Networks or the Content therein.
7. You understand that when using the IAO Networks, you will be exposed to Submissions from a variety of sources, and that TAC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions.
You further understand and acknowledge that you may be exposed to 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 TAC with respect thereto, and agree to indemnify and hold TAC, 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 Submissions and Conduct
1. As a TAC or IAO Networks client, you may grant permission for TAC or IOA to publish or you may submit video content or request the capturing, creation, submittal and/or posting of video content ("Videos") and textual content ("Comments") or other media such as audio or electronic slide presentations “Media”. Videos, Comments and Media are collectively referred to as "Submissions." You understand that whether or not such Submissions are published, TAC does not guarantee any confidentiality or security with respect to any Submissions.
2. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TAC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Service.
3. For clarity, you retain all of your ownership rights in your Submissions. However, by submitting Submissions to TAC, you hereby grant TAC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the IAO Networks and TAC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the IAO Networks (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the IAO Networks a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Website and under these Terms of Service.
TAC will make a best effort to remove and delete any Submissions you request be removed in a commercially reasonable time frame. You understand and agree, however, that TAC may retain, but not display, distribute, or perform, server copies of Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret, security restrictions or otherwise subject to third party proprietary rights, including privacy, national security and publicity rights, and you certify to TAC that you have you are the owner of such rights or have permission from their rightful owner to post the material and to grant TAC all of the license rights granted herein.
5. You further agree that you will not, in connection with Submissions, submit material contrary to applicable local, national, and international laws and regulations.
6. TAC does not endorse any Submissions or any opinion, recommendation, or advice expressed therein, and TAC expressly disclaims any and all liability in connection with Submissions. TAC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TAC will remove all Content and Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TAC reserves the right to remove Content and Submissions without prior notice.
7. Account Termination Policy
1. TAC will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
2. TAC reserves the right at its sole discretion for any reason or for no reason to decide that Content or a User Submission is inappropriate for the IAO networks or channelsl. TAC may remove such 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.
8. Digital Millennium Copyright Act
* 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.
2. 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 email@example.com:
* 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 TAC, TAC may send a copy of the counter-notice to the original complaining party informing that person of the counter claim.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IAO NETWORKS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TAC 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 OR INFORMATION CONTAINED THEREIN, (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 IAO NETWORKS. TAC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IAO NETWORKS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TAC 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 TAC, 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 IAO NETWORKS, 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 TAC SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, SECURITY, 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 TAC from its facilities in the United States of America. TAC makes no representations that the IAO Networks is appropriate or available for use in other locations. Those who access or use the IAO Networks from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TAC, 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 IAO Networks; (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, security or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IAO Networks.
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 IAO Networks is not intended for children under 13. If you are under 13 years of age, then please do not use the IAO Networks. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TAC without restriction.
You agree that: (i) the IAO Networks shall be deemed solely based in California; and (ii) the IAO Networks shall be deemed a passive website that does not give rise to personal jurisdiction over TAC, 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 TAC that arises in whole or in part from your use of the IAO Networks shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by TAC on the Website, shall constitute the entire agreement between you and TAC concerning the IAO Networks.
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 TAC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
TAC 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 IAO Networks following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND TAC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IAO NETWORKS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.