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1. Your Acceptance
BY USING AND/OR
VISITING THIS WEBSITE (collectively, including all Content available through
the PRmixTV.com domain name, the "PRmixTV Website", or
"Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
PRMIXTV'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.PRmixTV.com/t/privacy, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do not use
the PRmixTV Website.
2. PRmixTV Website
These Terms of
Service apply to all users of the PRmixTV Website, including users who are also
contributors of video content, information, and other materials or services on
the Website. The PRmixTV Website may contain links to third party websites that
are not owned or controlled by PRmixTV. PRmixTV has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, PRmixTV will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly
relieve PRmixTV 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 PRmixTV Website and to read the terms and conditions and privacy policy of
each other website that you visit.
3. Website Access
A. PRmixTV
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, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without PRmixTV'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 PRmixTV immediately of any breach of security
or unauthorized use of your account. Although PRmixTV will not be liable for
your losses caused by any unauthorized use of your account, you may be liable
for the losses of PRmixTV 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
PRmixTV 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, PRmixTV 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. PRmixTV 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 PRmixTV 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 PRmixTV, 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. PRmixTV 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 PRmixTV
Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the PRmixTV Website or the Content therein.
5. User Submissions
A. The PRmixTV
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, PRmixTV
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 PRmixTV 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 PRmixTV, you hereby grant PRmixTV 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 PRmixTV Website and PRmixTV's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the PRmixTV Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the PRmixTV 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 PRmixTV 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 PRmixTV all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that could damage
PRmixTV 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. PRmixTV does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and
PRmixTV expressly disclaims any and all liability in connection with User
Submissions. PRmixTV does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and PRmixTV will
remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. PRmixTV
reserves the right to remove Content and User Submissions without prior notice.
PRmixTV 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. PRmixTV 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.
PRmixTV 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.
D. 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 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):
(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.
PRmixTV's
designated Copyright Agent to receive notifications of claimed infringement is:
Heather Gillette, 1000 Cherry Ave., Second Floor, San Bruno, CA 94066, email:
copyright@PRmixTV.com, telephone: 650-827-6064, fax: 650-872-8513. 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 PRmixTV customer service through http://www.PRmixTV.com/contact.
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.
E. You
understand that when using the PRmixTV Website, you will be exposed to User
Submissions from a variety of sources, and that PRmixTV 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 PRmixTV with
respect thereto, and agree to indemnify and hold PRmixTV, 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.
F. PRmixTV
permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, PRmixTV provides an "Embeddable Player"
feature, which you may incorporate into your own personal, non-commercial
websites for use in accessing the materials on the Website, provided that you
include a prominent link back to the PRmixTV website on the pages containing
the Embeddable Player. PRmixTV reserves the right to discontinue any aspect of
the PRmixTV Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT
YOUR USE OF THE PRMIXTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, PRMIXTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. PRMIXTV 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 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 PRMIXTV WEBSITE. PRMIXTV DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE PRMIXTV WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRMIXTV 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 PRMIXTV, 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 PRMIXTV WEBSITE,
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 PRMIXTV 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 Website is
controlled and offered by PRmixTV from its facilities in the United States of
America. PRmixTV makes no representations that the PRmixTV Website is
appropriate or available for use in other locations. Those who access or use
the PRmixTV 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 PRmixTV, 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
PRmixTV 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 PRmixTV
Website.
9. Ability to Accept Terms of Service
You affirm that
you are either more than 13 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 PRmixTV Website is not intended for children under 13. If
you are under 13 years of age, then please do not use the PRmixTV Website, there
are a lot 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 PRmixTV without restriction.
11. General
You agree that:
(i) the PRmixTV Website shall be deemed solely based in California; and (ii)
the PRmixTV Website shall be deemed a passive website that does not give rise
to personal jurisdiction over PRmixTV, 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 PRmixTV
that arises in whole or in part from the PRmixTV Website shall be decided
exclusively by a court of competent jurisdiction located in San Mateo County,
California. These Terms of Service, together with the Privacy Notice at
http://www.PRmixTV.com/t/privacy and any other legal notices published by
PRmixTV on the Website, shall constitute the entire agreement between you and
PRmixTV concerning the PRmixTV 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 PRmixTV's failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. PRmixTV 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 PRmixTV
Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND PRMIXTV AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRMIXTV WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
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