TERMS OF SERVICE AND USAGE - USER AGREEMENT
Terms of Service 1
1. Your Acceptance
A. By using and/or visiting these websites
(collectively, including all content and
functionality available through the domain names,
www.101012.org™
or
any other 101012's websites,
collectively referred to as "101012 websites", "101012" or
"Websites" and
when used
in these Terms and Conditions, "we"
and "our" mean 101012),
you signify your agreement to these
terms and conditions listed below and also
incorporated here by reference:
1.
101012.org's:
a.
Terms of Service
b.
Your Security
and Privacy
c. Terms
of Use
d.
Terms of Use
Agreement
b.
Privacy
Policy
c.
Terms of Service
d.
Terms of Service
2
If you do not agree to any of the above terms,
conditions or guidelines, collectively referred to
as "Terms of Use Agreements and Policies," please do
not use the Websites.
B. Although we may attempt to notify you when
major changes are made to these Terms of Use
Agreements and Policies, you should periodically
review the most up-to-date version our
Terms
of Use Agreements and Policies. 101012
may, in its sole discretion, modify or revise these
Terms of Use Agreements 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. 101012 Websites
A. These Terms of Use Agreements and Policies
apply to all users of the 101012 websites,
including users who are also contributors of video
content, information, and other materials or
services on the Website. The 101012 websites
include all aspects of 101012, including but not
limited to all products, software and services
offered via the website such as the 101012
channels, the 101012 "Embeddable Player," the
101012 "Uploader" and other applications.
B. The 101012 websites may contain links to third
party websites that are not owned or controlled by
101012. 101012 has no control over, and assumes no
responsibility for, the content, privacy policies,
or practices of any third party websites. In
addition, 101012 will not and cannot censor or edit
the content of any third-party site. By using the
Websites, you expressly relieve 101012 from any and
all liability arising from your use of any
third-party website.
C. Accordingly, we encourage you to be aware when
you leave the 101012 websites and to read the terms
and conditions and privacy policy of each other
website that you visit.
3. 101012 Accounts
A. In order to access some features of the
websites, you will have to create a 101012 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 101012 immediately
of any breach of security or unauthorized use of
your account.
B. Although 101012 will not be liable for your
losses caused by any unauthorized use of your
account, you may be liable for the losses of 101012
or others due to such unauthorized use.
4. General Use of the Websites — Permissions and
Restrictions
101012 hereby grants you permission to access and
use the websites as set forth in these Terms of Use
Agreements and Policies, provided that:
A. You agree not to distribute in any medium any
part of the websites, including but not limited to
User Submissions (defined below), without 101012's
prior written authorization.
B. You agree not to alter or modify any part of
the Websites, including but not limited to 101012's
Embeddable Player or any of its related
technologies.
C. You agree not to access User Submissions
(defined below) or 101012 Content through any
technology or means other than the video playback
pages of the Websites itself, the 101012 Embeddable
Player, or other explicitly authorized means 101012
may designate.
D. You agree not to use the Websites, including
the 101012 Embeddable Player for any commercial
use, without the prior written authorization of
101012. Prohibited commercial uses include any of
the following actions taken without 101012's
express approval:
· sale of access to the Websites or there related
services (such as the Embeddable Player) on another
website;
· use of the Websites or its related services (such as
the Embeddable Player), for the primary purpose of
gaining advertising or subscription revenue;
·
the sale of advertising, on the 101012 websites or
any third-party website, targeted to the content of
specific User Submissions or 101012 content;
· and any use of the Websites or its related services
(such as the Embeddable player) that 101012 finds,
in its sole discretion, to use 101012's resources
or User Submissions with the effect of competing
with or displacing the market for 101012, 101012
content, or its User Submissions. (For more
information about prohibited commercial uses, see
our FAQ.
Prohibited commercial uses do not include:
· uploading an original video to
101012, or
maintaining an original channel on 101012, to
promote your business or artistic enterprise;
· using the Embeddable Player to show
101012 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
101012;
· any use that
101012 expressly authorizes in
writing.
(For more information about what constitutes a
prohibited commercial use, see our FAQ.)
E. If you use the 101012 Embeddable Player on your
website, you must include a prominent link back to
the 101012 websites on the pages containing the
Embeddable Player and you may not modify, build
upon, or block any portion of the Embeddable Player
in any way.
F. If you use the
101012 Uploader, you agree that
it may automatically download and install updates
from time to time from 101012. These updates are
designed to improve, enhance and further develop the
Uploader 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 101012 to deliver these to you)
as part of your use of the Uploader.
G. You agree not to use or launch any automated
system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the
Websites in a manner that sends more request
messages to the 101012 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, 101012 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. 101012 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 Websites, nor to use the
communication systems provided by the Websites (e.g.
comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial
purposes, any users of the Websites with respect to
their User Submissions.
H. In your use of the websites, you will otherwise
comply with the terms and conditions of these Terms
of Use Agreements and Policies, 101012 Community
Guidelines, and all applicable local, national, and
international laws and regulations.
I. 101012 reserves the right to discontinue any
aspect of the 101012 websites 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 101012
Websites.
A. The content on the 101012 Websites, 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
101012, subject to copyright and other intellectual
property rights under the law. Content on the
Websites are 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. 101012 reserves all rights not
expressly granted in and to the Websites and the
Content.
B. You may access User Submissions for your
information and personal use solely as intended
through the provided functionality of the 101012
websites. You shall not copy or download any User
Submission unless you see a “download” or similar
link displayed by 101012 on the 101012 websites
for that User Submission.
C. User Comments are made available to you for
your information and personal use solely as intended
through the normal functionality of the 101012
websites. 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 101012 websites or otherwise
as prohibited under this Agreement.
D. You may access 101012 Content, User
Submissions and other content only as permitted
under this Agreement. 101012 reserves all rights
not expressly granted in and to the 101012 Content
and the 101012 websites.
E. 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 Websites for any
commercial purposes.
F. You agree not to circumvent, disable or
otherwise interfere with security-related features
of the 101012 websites or features that prevent or
restrict use or copying of any Content or enforce
limitations on use of the 101012 websites or the
Content therein.
G. You understand that when using the 101012
websites, you will be exposed to User Submissions
from a variety of sources, and that 101012 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 101012
with respect thereto, and agree to indemnify and
hold 101012, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your
use of the site.
6. Your User Submissions and Conduct
A. As a 101012 account holder you may submit
video content ("User Videos") and textual content
("User Comments"). User Videos and User Comments are
collectively referred to as "User Submissions." You
understand that whether or not such User Submissions
are published, 101012 does not guarantee any
confidentiality with respect to any User
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: you own or have the necessary licenses,
rights, consents, and permissions to use and
authorize 101012 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 Websites and these Terms
of Use Agreements and Policies.
C. For clarity, you retain all of your ownership
rights in your User Submissions. However, by
submitting User Submissions to 101012, you hereby
grant 101012 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 101012 websites
and 101012's (and its successors' and affiliates')
business, including without limitation for promoting
and redistributing part or all of the 101012
websites (and derivative works thereof) in any media
formats and through any media channels. You also
hereby grant each user of the 101012 websites a
non-exclusive license to access your User
Submissions through the Website, and to use,
reproduce, distribute, display and perform such User
Submissions as permitted through the functionality
of the Website and under these Terms of Use
Agreements and Policies. The above licenses granted
by you in User Videos terminate within a
commercially reasonable time after you remove or
delete your User Videos from the 101012 websites.
You understand and agree, however, that 101012 may
retain,
display, distribute, or perform, server copies of
User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments
are perpetual and irrevocable.
D. In connection with User Submissions, you
further agree that you will not submit material that
is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you
are the owner of such rights or have permission from
their rightful owner to post the material and to
grant 101012 all of the license rights granted
herein.
E. You further agree that you will not, in
connection with User Submissions, submit material
that is contrary to the 101012 Community
Guidelines, which may be updated from time to time,
or contrary to applicable local, national, and
international laws and regulations.
F. 101012 does not endorse any User Submission
or any opinion, recommendation, or advice expressed
therein, and 101012 expressly disclaims any and all
liability in connection with User Submissions.
101012 does not permit copyright infringing
activities and infringement of intellectual property
rights on its Website, and 101012 will remove all
Content and User Submissions if properly notified
that such Content or User Submission infringes on
another's intellectual property rights. 101012
reserves the right to remove Content and User
Submissions without prior notice and at its sole
discretion.
7. Account Termination Policy
A. 101012 will terminate a User's access to its
Website if, under appropriate circumstances, they
are determined to be a repeat infringer.
B. 101012 reserves the right to decide whether
Content or a User Submission is appropriate and
complies with these Terms of Use Agreements and
Policies for violations other than copyright
infringement, such as, but not limited to,
pornography, obscene or defamatory material, or
excessive length. 101012 may remove such User
Submissions and/or terminate a User's access for
uploading such material in violation of these Terms
of Use Agreements and Policies at any time, without
prior notice and at its sole discretion.
C.
101012
reserves the total right to refuse,
remove
any User Submissions
and/or deny
any members
with or
without a cause and at its sole discretion.
8. Digital Millennium Copyright Act
A. 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 pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our
Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
·
A physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
·
Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted
works at a single online site are covered by a
single notification, a representative list of such
works at that site;
·
Identification of the material that is claimed to be
infringing or to be the subject of infringing
activity and that is to be removed or access to
which is to be disabled and information reasonably
sufficient to permit the service provider to locate
the material;
·
Information reasonably sufficient to permit the
service provider to contact you, such as an address,
telephone number, and, if available, an electronic
mail;
·
A statement that you have a good faith belief that
use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or
the law; and
·
A statement that the information in the notification
is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
101012's designated Copyright Agent to receive
notifications of claimed infringement is: Rez Rock,
P.O. Box 33103, PBG, FL 33420-3103-3103, email:
DMCA@101012.org, For clarity, only DMCA
notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support,
and other communications should be directed to
101012 customer service through
www.101012.net.
You acknowledge that if you fail to comply with all
of the requirements of this Section 5(D), your DMCA
notice may not be valid.
B. Counter-Notice. If you believe that your User
Submission that was removed (or to which access was
disabled) is not infringing, or that you have the
authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission,
you may send a counter-notice containing the
following information to the Copyright Agent:
·
Your physical or electronic signature;
·
Identification of the content that has been removed
or to which access has been disabled and the
location at which the content appeared before it was
removed or disabled;
·
A statement that you have a good faith belief that
the content was removed or disabled as a result of
mistake or a misidentification of the content; and
· Your name, address, telephone number, and e-mail
address, a statement that you consent to the
jurisdiction of the federal court in Palm Beach
County, Florida, 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 the Copyright
Agent, 101012 may send a copy of the counter-notice
to the original complaining party informing that
person that it may replace the removed content or
cease disabling it in 10 business days. Unless the
copyright owner files an action seeking a court
order against the content provider, member or user,
the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after
receipt of the counter-notice, at 101012's sole
discretion.
9. Warranty Disclaimer
You agree that your use of the 101012 websites
shall be at your sole risk. To the fullest extent
permitted by law, 101012, its officers, directors,
employees, and agents disclaim all warranties,
express or implied, in connection with the websites
and your use thereof. 101012 makes no warranties or
representations about the accuracy or completeness
of this site's content or the content of any sites
linked to its sites 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 websites, (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 websites, (iv) any bugs, viruses, trojan
horses, or the like which may be transmitted to or
through our websites 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 101012
websites. 101012 does not warrant, endorse,
guarantee, or assume responsibility for any product
or service advertised or offered by a third party
through the 101012 websites or any hyperlinked
website or featured in any banner or other
advertising, and 101012 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 101012, 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 websites, (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 101012 websites, 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 101012 shall not
be liable for user submissions or the defamatory,
offensive, or illegal conduct of any third party and
that the risk of harm or damage from the foregoing
rests entirely with you.
The websites are controlled and offered by 101012
from its facilities in the United States of America
and/or its vendors inside or outside of the United
States of America. 101012 makes no representation
that the 101012 websites are appropriate or
available for use in other locations. Those who
access or use the 101012 websites from other
jurisdictions do so at their own volition and are
responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless
101012, 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 101012 websites;
(ii) your violation of any term of these Terms of
Use Agreements and Policies; (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 Use Agreements and Policies and your use of the
101012 websites.
12. Ability to Accept these Terms of Use Agreements
and Policies
You affirm that you are either 18 years of age or
older, 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 Use
Agreements and Policies, and able to abide by and
comply with these Terms of Use Agreements and
Policies. In any case, you affirm that you are the
age of 18 or older, as the 101012 websites are not
intended for children under 18 who are not an
emancipated minor, or do not possess legal parental
or guardian consent, and are fully unable and
competent to enter into the terms, conditions,
obligations, affirmations, representations, and
warranties set forth in all of our Terms of Use
Agreements and Policies, and unable to abide by and
comply with these Terms of Use Agreements and
Policies. If you are under 18 years of age, then
please talk to your parents about whether these
sites are appropriate for you.
13. Assignment
These Terms of Use Agreements and Policies, and any
rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned
by 101012 without restriction.
14. General
You agree that: (i) the 101012 websites shall be
deemed solely based in Florida; and (ii) the 101012
websites shall be deemed a passive website that does
not give rise to personal jurisdiction over 101012,
either specific or general, in jurisdictions other
than Florida. These Terms of Use Agreements and
Policies shall be governed by the internal
substantive laws of the State of Florida, without
respect to its conflict of laws principles. Any
claim or dispute between you and 101012 that arises
in whole or in part from your use of the 101012
websites shall be decided exclusively by a court of
competent jurisdiction located in Palm Beach County,
Florida. These Terms of Use Agreements and Policies,
together with the Privacy Notice at
Your
Security and Privacy and any other legal
notices published by 101012 on the Website, shall
constitute the entire agreement between you and
101012 concerning the 101012 websites. If any
provision of these Terms of Use Agreements and
Policies 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 Use Agreements and Policies, which
shall remain in full force and effect. No waiver of
any term of this these Terms of Use Agreements and
Policies shall be deemed a further or continuing
waiver of such term or any other term, and 101012's
failure to assert any right or provision under these
Terms of Use Agreements and Policies shall not
constitute a waiver of such right or provision.
101012 reserves the right to amend these Terms of
Use Agreements and Policies at any time and without
notice, and it is your responsibility to review
these Terms of Use Agreements and Policies for any
changes. Your use of the 101012 websites following
any amendment of these Terms of Use Agreements and
Policies will signify your assent to and acceptance
of its revised terms.
YOU AND 101012 AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE 101012 WEBSITES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
__________________________________________________________________
Please also see other 101012.com/101012.net's
Terms
of Use Agreement.
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