Attention: Please carefully read these terms before using the Humanety website. Using the Humanety website indicates your acceptance of these terms. If you do not accept these terms, do not use the Humanety website.
1.Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Humanety.com domain name, the "Humanety Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Humanety's privacy notice, found at http://www.Humanety.com/privacy and incorporated here by reference, and (3) Humanety's Community Guidelines, found at http://www.Humanety.com/guidelines and also incorporated here by reference. If you do not agree to any of these terms, the Humanety privacy notice, or the Community Guidelines, please do not use the Humanety Website. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.Humanety.com/terms). Humanety may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. Humanety Website
A. These Terms of Service apply to all users of the Humanety Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Humanety Website includes all aspects of Humanety, including but not limited to all products, software and services offered via the website. B. The Humanety Website may contain links to third party websites that are not owned or controlled by Humanety. Humanety has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Humanety will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Humanety 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 Humanety Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Humanety Accounts
A. In order to access some features of the Website, you will have to create a Humanety 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 Humanety immediately of any breach of security or unauthorized use of your account. B. Although Humanety will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Humanety or others due to such unauthorized use. 4. General Use of the Website—Permissions and Restrictions
Humanety hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to Session Videos (defined below), without Humanety's prior written authorization. B. You agree not to alter or modify any part of the Website or any of its related technologies. C. You agree not to access Session Videos (defined below) or Humanety Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Humanety may designate. D. You agree not to use the Website for any commercial use, without the prior written authorization of Humanety. Prohibited commercial uses include any of the following actions taken without Humanety's express approval:sale of access to the Website or its related services on another website;use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;the sale of advertising, on the Humanety website or any third-party website, targeted to the content of specific Session Videos or Humanety content;and any use of the Website or its related services that Humanety finds, in its sole discretion, to use Humanety's resources or Session Videos with the effect of competing with or displacing the market for Humanety, Humanety content, or its Session Videos. E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Humanety 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, Humanety 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. Humanety reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Session Videos. F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Humanety Community Guidelines, and all applicable local, national, and international laws and regulations. G. Humanety reserves the right to discontinue any aspect of the Humanety Website 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 Humanety Website. A. The content on the Humanety Website, except all Session Videos (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 Humanety, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Humanety reserves all rights not expressly granted in and to the Website and the Content. B. You may access Session Videos solely:for your information and personal use;as intended through the normal functionality of the Humanety Service; andfor Streaming."Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Humanety Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Session Videos for any purpose or in any manner other than Streaming is expressly prohibited. Session Videos are made available "as is." C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Humanety Service. 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 Humanety Service or otherwise as prohibited under this Agreement. D. You may access Humanety Content, Session Videos and other content only as permitted under this Agreement. Humanety reserves all rights not expressly granted in and to the Humanety Content and the Humanety Service. 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 Session Videos of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Humanety Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Humanety Website or the Content therein. G. You understand that when using the Humanety Website, you will be exposed to Session Videos from a variety of sources, and that Humanety is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Session Videos. You further understand and acknowledge that you may be exposed to Session Videos 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 Humanety with respect thereto, and agree to indemnify and hold Humanety, 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 Comments and Conduct
A. As a Humanety account holder you may submit textual content ("User Comments"). You understand that whether or not such User Comments are published, Humanety does not guarantee any confidentiality with respect to any User Comments. B. You shall be solely responsible for your own User Comments and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Humanety to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Comments to enable inclusion and use of the User Comments in the manner contemplated by the Website and these Terms of Service. C. In connection with User Comments, 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 Humanety all of the license rights granted herein. D. You further agree that you will not, in connection with User Comments, submit material that is contrary to the Humanety Community Guidelines, found at http://www.Humanety.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. E. Humanety reserves the right to remove Content and Session Videos without prior notice. 7. Account Termination Policy
A. Humanety will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. B. Humanety reserves the right to decide whether User Comments are appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Humanety may remove such User Comments and/or terminate a User's access for posting such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HUMANETY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANETY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HUMANETY 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 HUMANETY WEBSITE. HUMANETY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUMANETY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HUMANETY 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. 9. Limitation of Liability
IN NO EVENT SHALL HUMANETY, 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 HUMANETY 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 HUMANETY SHALL NOT BE LIABLE FOR SESSION VIDEOS 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 Humanety from its facilities in the United States of America. Humanety makes no representations that the Humanety Website is appropriate or available for use in other locations. Those who access or use the Humanety Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 10. Indemnity
You agree to defend, indemnify and hold harmless Humanety, 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 Humanety 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 Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Humanety Website. 11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Humanety Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Humanety Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 12. 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 Humanety without restriction. 13. General
You agree that: (i) the Humanety Website shall be deemed solely based in California; and (ii) the Humanety Website shall be deemed a passive website that does not give rise to personal jurisdiction over Humanety, 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 Humanety that arises in whole or in part from the Humanety Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms of Service, together with the Privacy Notice at http://www.Humanety.com/privacy and any other legal notices published by Humanety on the Website, shall constitute the entire agreement between you and Humanety concerning the Humanety 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 Humanety's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Humanety 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 Humanety Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HUMANETY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HUMANETY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
|
