PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
When using the VideoNow.Live Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
VideoNow.Live reserves the right, at VideoNow.Live’ discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the VideoNow.Live Service. Please check these Terms and any Policies periodically for changes. Your continued use of the VideoNow.Live Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the VideoNow.Live Service.
The VideoNow.Live Service is owned and operated by VideoNow.Live. Unless otherwise indicated, all Content and other materials on the VideoNow.Live Services, including, without limitation, VideoNow.Live’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “ Materials ”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the VideoNow.Live Service are the proprietary property of VideoNow.Live or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to VideoNow.Live or its affiliates and/or third-party licensors. VideoNow.Live reserves all rights not expressly granted in these Terms of Service.
Unless otherwise expressly stated in writing by VideoNow.Live, you are granted a limited, non-sublicensable license to access and use the VideoNow.Live Service for your personal or internal business use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the VideoNow.Live Service or the Materials therein; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content (as defined below) by the Broadcaster (as defined below) posting the Broadcaster Content); (c) modifying or otherwise making any derivative uses of the VideoNow.Live Service or the Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the VideoNow.Live Service, the Materials or any information contained therein, except as expressly permitted on the VideoNow.Live Service; or (f) any use of the VideoNow.Live Service or the Materials other than for their intended purposes. Any use of the VideoNow.Live Service or the Materials other than as specifically authorized herein, without the prior written permission of VideoNow.Live, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
The VideoNow.Live Services may include interactive areas or services (“ Interactive Areas ”) in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the VideoNow.Live Services (“ User Content ” and collectively with Broadcaster Content, “ Content ”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE VideoNow.Live SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the VideoNow.Live Service. You agree that you will abide by these Terms of Service and will not:
use the VideoNow.Live Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the VideoNow.Live Service as such services are offered by VideoNow.Live;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 16, below);
post, upload, or distribute any defamatory, libelous, or inaccurate Content;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the VideoNow.Live Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the VideoNow.Live Service, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights notices on the VideoNow.Live Service or Content;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the VideoNow.Live Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the foregoing related to promotional giveaways (such as raffles and contests), and other similar activities;
harvest or collect the email addresses or other contact information of other users from the VideoNow.Live Service for the purpose of sending spam or other commercial messages;
use the VideoNow.Live Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the VideoNow.Live Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the VideoNow.Live Service or Content, features that prevent or restrict use or copying of any content accessible through the VideoNow.Live Service, or features that enforce limitations on the use of the VideoNow.Live Service or Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the VideoNow.Live Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the VideoNow.Live Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
intentionally interfere with or damage operation of the VideoNow.Live Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party’s mail servers without the permission of that third party;
use any robot, spider, scraper, crawler or other automated means to access the VideoNow.Live Service for any purpose or bypass any measures VideoNow.Live may use to prevent or restrict access to the VideoNow.Live Service;
manipulate identifiers in order to disguise the origin of any Content transmitted through the VideoNow.Live Service;
interfere with or disrupt the VideoNow.Live Service or servers or networks connected to the VideoNow.Live Service, or disobey any requirements, procedures, policies or regulations of networks connected to the VideoNow.Live Service;use the VideoNow.Live Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the VideoNow.Live Service, or that could damage, disable, overburden or impair the functioning of the VideoNow.Live Service in any manner;
use or attempt to use another user’s account without authorization from such user and VideoNow.Live;
attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the VideoNow.Live Service that you are not authorized to access; or
attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.
Further, BY USING THE VideoNow.Live SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the VideoNow.Live Service any of the following:
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
viruses, corrupted data or other harmful, disruptive or destructive files; and
Content that, in the sole judgment of VideoNow.Live, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the VideoNow.Live Service, or which may expose VideoNow.Live or our users to any harm or liability of any type.
VideoNow.Live takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is VideoNow.Live liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the VideoNow.Live Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at VideoNow.Live’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the VideoNow.Live Service will not contain any content that is prohibited by such rules. As a provider of interactive services, VideoNow.Live is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. VideoNow.Live does not endorse any Content or any opinion, recommendation or advice expressed therein, and VideoNow.Live expressly disclaims any and all liability in connection with Content. Although VideoNow.Live has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, VideoNow.Live reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the VideoNow.Live Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the VideoNow.Live Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the VideoNow.Live Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the VideoNow.Live Service.
License to VideoNow.Live
Unless otherwise agreed to in a written agreement between you and VideoNow.Live that was signed by an authorized representative of VideoNow.Live:
By distributing or disseminating Broadcaster Content through the VideoNow.Live Service, you hereby grant to VideoNow.Live a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or hereafter developed or discovered. You grant VideoNow.Live and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose.
Broadcaster Content Representations and Warranties
You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or nonpublic beta software or game content or any confidential information of VideoNow.Live or third parties. VideoNow.Live reserves all rights and remedies against any Broadcasters who breach these representations and warranties.
Content is Uploaded at Your Own Risk
Notwithstanding any obligations hereunder of VideoNow.Live to protect Broadcaster Content, VideoNow.Live cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will VideoNow.Live be liable for any copying or usage of the Broadcaster Content not authorized by VideoNow.Live. You hereby release and forever waive any claims you may have against VideoNow.Live for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY VideoNow.Live HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Prevention of Unauthorized Use
Unless expressly permitted in writing by VideoNow.Live, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration to any third party for access to administrative rights on your Broadcaster account. VideoNow.Live reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the VideoNow.Live Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Copyright Infringement Notification
If you are a copyright owner or an agent thereof (the “Copyright Owner”) and believe that any content on the VideoNow.Live Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”). This notification of claimed infringement must be a written communication provided to VideoNow.Live that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) 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 VideoNow.Live to locate the material.
(iv) Information reasonably sufficient to permit VideoNow.Live to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
Such written communication can be submitted from our site.
If you receive notice from VideoNow.Live that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide VideoNow.Live with a counter notification.
Applicable Law and Venue
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VideoNow.Live AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VideoNow.Live.
You and VideoNow.Live agree to arbitrate any dispute arising from these Terms of Service or your use of the VideoNow.Live Service, except that you and VideoNow.Live are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VideoNow.Live agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. You and VideoNow.Live further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur as decided by VideoNow.Live; that arbitration will be conducted confidentially by a single arbitrator; and that the state or federal courts decided by VideoNow.Live have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws decided by VideoNow.Live, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and VideoNow.Live will not commence against the other a class action, class arbitration or other representative action or proceeding.
Modification of these Terms of Service
VideoNow.Live reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. If VideoNow.Live changes these Terms of Service, we will provide notice of such changes, such as by sending an email, posting a notice on the VideoNow.Live Service or updating the “Last Updated” date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the VideoNow.Live Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, such amended terms will automatically be effective thirty days after they are initially posted on the VideoNow.Live Service. We will always make a reasonable effort to notify you if we do change these Terms of Service.