Attend.TV
Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the Attend.tv domain name, the "Attend.TV Website", or "Website"), YOU SIGNIFY
YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE
TERMS AND CONDITIONS OF ATTEND.TV'S PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN
BY REFERENCE. If you do not agree to any of these terms, then please do not use
the Attend.TV Website.
2. Attend.TV Website
These Terms of Service apply to all users of the Attend.TV Website, including users
who are also contributors of video content, information, and other materials or
services on the Website. The Attend.TV Website may contain links to third party
websites that are not owned or controlled by Attend.TV. Attend.TV has no control
over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, Attend.TV will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly relieve
Attend.TV 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 Attend.TV Website and
to read the terms and conditions and privacy policy of each other website that you
visit.
3. Website Access
A. Attend.TV hereby grants you permission to use the Website as set forth in this
Terms of Service, provided that: (i) your use of the Website as permitted is solely
for your personal, or commercial use; (ii) you will not copy or distribute any part
of the Website in any medium without Attend.TV's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an 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 Attend.TV immediately of any breach of security or unauthorized
use of your account. Although Attend.TV will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of Attend.TV
or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the Attend.TV servers in a given period of time
than a human can reasonably produce in the same period by using a convention on-line
web browser. Notwithstanding the foregoing, Attend.TV grants the operators of public
search engines permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Attend.TV 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 for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Attend.TV 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
Attend.TV, subject to copyright and other intellectual property rights under United
States and foreign laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
used, 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. Attend.TV reserves all rights not expressly
granted in and to the Website and the Content. 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. If you download or print
a copy of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Attend.TV Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the Attend.TV Website or the Content therein
5. User Submissions
A. The Attend.TV Website may now or in the future permit the submission of videos
or other communications submitted by you and other users ("User Submissions") and
the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Attend.TV does not guarantee
any confidentiality with respect to any 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: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Attend.TV 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; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
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 the User Submissions to
Attend.TV, you hereby grant Attend.TV 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 Attend.TV
Website and Attend.TV's (and its successor's) business, including without limitation
for promoting and redistributing part or all of the Attend.TV Website (and derivative
works thereof) in any media formats and through any media channels. You also hereby
grant each user of the Attend.TV Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission from
the Attend.TV Website.
C. In connection with User Submissions, you further agree that you will not:
(i) 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 Attend.TV all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Attend.TV or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
D. Attend.TV does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Attend.TV expressly disclaims any and all liability
in connection with User Submissions. Attend.TV does not permit copyright infringing
activities and infringement of intellectual property rights on its Website, and
Attend.TV will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property rights.
Attend.TV reserves the right to remove Content and User Submissions without prior
notice. Attend.TV will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been notified
of infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice. Attend.TV also 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 and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory material,
or excessive length. Attend.TV 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.
E. Content/Activity Prohibited. The following is a partial list
of the kind of Content that is illegal or prohibited to post on or through the Attend.TV
Services. Attend.tv reserves the right to investigate and take appropriate legal
action against anyone who, in Attend.tv's sole discretion, violates this provision,
including without limitation, removing the offending communication from the Attend.TV
Services and terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of Attend.tv:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to
an adult website;
6. promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
11. solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's
consent; or
14. for profiles, uses sexually suggestive imagery or any other unfair, misleading
or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited
on the Attend.TV Website and through your use of the Attend.TV Services. Attend.tv
reserves the right to investigate and take appropriate legal action against anyone
who, in Attend.tv's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to
15. criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
16. You may not transmit any chain letters or junk email to other Members. It is
also a violation of these rules to use any information obtained from the Attend.TV
Services in order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from such advertising
or solicitation, Attend.tv reserves the right to restrict the number of emails which
a Member may send to other Members in any 24-hour period to a number which Attend.tv
deems appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the Attend.TV Services, you acknowledge that you will have caused
substantial harm to Attend.tv, but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation of such harm, you agree to pay
Attend.tv £30 for each such unsolicited email or other unsolicited communication
you send through the Attend.TV Services;
17. covering or obscuring the banner advertisements on your personal profile page,
or any Attend.tv page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send
comments or messages;
19. interfering with, disrupting, or creating an undue burden on the Attend.TV Services
or the networks or services connected to the Attend.TV Services;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from the Attend.TV Services in order to harass,
abuse, or harm another person;
24. displaying an advertisement , or accepting payment or anything of value from
a third person in exchange for your performing any commercial activity on or through
the Attend.TV Services on behalf of that person,
25. using the Attend.TV Services in a manner inconsistent with any and all applicable
laws and regulations.
F. In particular, 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 by providing our Copyright Agent with the following information in
writing:
(i) A physical or electronic signature of a person authorized to act on behalf of
the 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 at a single online site are covered by a single notification,
a representative list of such works at that site;
(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 the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Attend.TV's designated Copyright Agent to receive notifications of claimed infringement
is: Bryan Wilkes, 13 Harrow Way, Kingsnorth, Ashford, Kent UK,
copyright@Attend.tv telephone: +44 (0) 1233 625566 For clarity, only copyright
notices should go to the Copyright Agent; any other feedback, comments, requests
for technical support, and other communications should be directed to Attend.TV
customer service support@attend.tv You acknowledge
that if you fail to comply with all of the requirements of this Section 5(F), your
claim and notice may not be valid.
G. You understand that when using the Attend.TV Website, you will be exposed to
User Submissions from a variety of sources, and that Attend.TV 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 Attend.TV with respect thereto, and agree to indemnify
and hold Attend.TV, 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.
H. Attend.TV permits you to link to materials on the Website for personal, and commercial
purposes. In addition, Attend.TV provides an "Embeddable Player" feature, which
you may incorporate into your own personal, or commercial websites for use in accessing
the materials on the Website, provided that you include a prominent link back to
the Attend.TV website on the pages containing the Embeddable Player. Attend.TV reserves
the right to discontinue any aspect of the Attend.TV Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ATTEND.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, ATTEND.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. ATTEND.TV 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 OMISSIONSIN 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 ATTEND.TV WEBSITE. ATTEND.TV DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE ATTEND.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND ATTEND.TV 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.
7. Limitation of Liability
IN NO EVENT SHALL ATTEND.TV, 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 ATTEND.TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT 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.
The Website is controlled and offered by Attend.TV from its facilities in the United
Kingdom. Attend.TV makes no representations that the Attend.TV Website is appropriate
or available for use in other locations. Those who access or use the Attend.TV Website
from other jurisdictions do so at their own volition and are responsible for compliance
with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Attend.TV, its parent company,
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 solicitors fees) arising from: (i) your use of and access to
the Attend.TV 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 Attend.TV Website.
9. Ability to Accept Terms of Service
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 Attend.TV Website is not intended for children under
13. If you are under 13 years of age, then please do not use the Attend.TV Website—there
are lots of other great web sites for you. Talk to your parents about what sites
are appropriate for you.
10. 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 Attend.TV without restriction.
11. General
You agree that: (i) the Attend.TV Website shall be deemed solely based in the UK;
and (ii) the Attend.TV Website shall be deemed a passive website that does not give
rise to personal jurisdiction over Attend.TV, either specific or general, in jurisdictions
other than the UK. These Terms of Service shall be governed by the laws of the UK.
Any claim or dispute between you and Attend.TV that arises in whole or in part from
the Attend.TV Website shall be decided exclusively by a court of competent jurisdiction
located in the UK. These Terms of Service, together with the Privacy Notice at www.Attend.tv
and any other legal notices published by Attend.TV on the Website, shall constitute
the entire agreement between you and Attend.TV concerning the Attend.TV 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 Attend.TV's failure
to assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. Attend.TV 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 Attend.TV Website
following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND ATTEND.TV AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE ATTEND.TV WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
March 23rd 2010.
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