June 1, 2010
These Terms of Service are effective on June , 2010 for all users who using and/or visiting this website and/or register and/or provide any information and/or submits and/or posts any content.
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF SERVICE
2. CHANGES TO THIS TERMS OF SERVICE
We may amend these Terms at any time by posting the amended Terms of Service on the OnlineTVcast Website at http://www.onlinetvcast.com/terms. Any amendment to these Terms shall be effective immediately after it is initially posted.
3. ACCESS AND USE OF THE OUR SERVICES
You must be at least 18 years of age to visit the OnlineTVcast Website or use the OnlineTVcast Services on any Site.We are pleased to grant you a non-exclusive limited license to use the OnlineTVcast Services, including accessing and viewing the Content, for personal, non-commercial purposes as set forth in these Terms.You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not build a business using the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. This prohibition applies even if you intend to give away the derivative materials free of charge.We allow any user to embed any content of our site on any website or other location with appropriate link to www.OnlineTVcast.com which should be marked with phrase “Watch more on OnlineTVcast.com”.We not allow users to embed any content of our site on any website or other location that contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights (collectively, "Unsuitable Material").We reserve the right to prevent embedding to any website or other location that we find inappropriate or objectionable (as determined by OnlineTVcast in its sole discretion).
You agree that OnlineTVcast owns all rights to the OnlineTVcast Services. You further agree that all the embedded and submitted Content you access and view is protected by copyright, trademark, and other intellectual property laws of appropriate owners of Content.
3.2. Your Responsibilities.
In order for us to keep the OnlineTVcast Services safe and available for everyone to use, you have to follow further simple rules:
- Do not embed or submit any Content that infringes proprietary or/and authorship rights of the owner of the Content.
- Do not embed or submit any Content that ‘you do not know exactly’ is clear of any possibility of infringement of proprietary or/and authorship rights of the owner of the Content.
- Do not violate the rights of others parties including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary or/and authorship rights;
- Do not use technology or other means to access, index, frame, download, stream capture, or link to the Content or the OnlineTVcast Services that is not authorized by OnlineTVcast.
- Do not access the OnlineTVcast Services through any automated means, including "robots," "spiders," or "offline readers".
- Do not use or embed any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Do not use any software or hardware that damages, disables or gains unauthorized access to the OnlineTVcast Services,
- Do not use any software or hardware that aimed to get an unauthorized access to OnlineTVcast’s servers, computer network, or user accounts;
- Do not use any software or hardware that removes, modifies, disables, blocks, obscures or otherwise affects on any advertising on OnlineTVcast;
- Do not use the OnlineTVcast Services to promote any competing services or services that can be treated as competing by any reason;;
- Do not encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Do not violate these Terms or any guidelines or policies posted by OnlineTVcast;
- Do not attempt to do any of the foregoing.
In cases or case that you are violating any of these Terms or foregoing rules we may in our sole decision and without any notice block or restrict your access or use of the OnlineTVcast Services.
3.3. No Spam/Unsolicited Communications.
It is strongly prohibited to use any information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications (hereinafter "spam").
If you Submit or Post (as defined below in Section 3.6.) or otherwise send spam, advertising, or other unsolicited communications of any kind through the OnlineTVcast Services, you acknowledge that you will have caused substantial harm to OnlineTVcast.
You agree to pay us for each such unsolicited communication or spam you send through the OnlineTVcast Services full amount $50. You also agree that in serious cases we have the right to evaluate that harm using our own calculation methods that are not subject to be discussed.
3.4. Declaration of Free Use
Although the access to the OnlineTVcast Website and use of the OnlineTVcast Website Services is free, some Content providers or owners may charge for their content. In any case you then will have an opportunity not to watch such Content, if you are not interested in paying for it. Such Content providers are solely responsible for any payment transactions and quality of Content.
3.5. Accounts, Profiles and Registration
Please note that some of OnlineTVcast features require registration or the creation of an account on the OnlineTVcast Website. If you choose to register or create an account on OnlineTVcast, the additional terms and conditions set forth below also will apply.
- All registration information you submit (your Profile) must be accurate and you should keep it updated.
- You are responsible for keeping your password confidential. You will not have to share it with anyone.
- You are responsible for all use on your account, including unauthorized use by any third party.
3.5.1. Account Termination
To terminate your account please email support@onlineTVcast.com with subject line: "Account Termination Request" and account information provided with valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the OnlineTVcast Services at any time, without notice or liability, if we determine in our sole discretion that you have breached these Terms of Service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
3.5.2. Collection and Use of Personal Information
3.6. User commentaries, posts submissions and other user-submitted material.
3.6.1. Posts and User Material Submissions.
As part of the OnlineTVcast Services, users may add links, submit links, or post (hereby, "Submit") reviews, commentaries, descriptions, images, links to video content using third party embeddable player and/or OnlineTVcast embeddable player or other materials (collectively, "User Material"). All of our users, Submitting any User Material must follow these simple rules:
- User Material that you Submit must be relevant to the appropriate Service, Content and Topic.
- You must not Submit User Material that contains Unsuitable Material and/or improperly claims the identity of another person.
- You also represent and warrant that the Submitting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Submitting User Material. OnlineTVcast will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that OnlineTVcast does not guarantee any confidentiality with respect to any User Material.
- By Submitting User Material, you are not forfeiting any ownership rights in such material to OnlineTVcast. After Submitting your User Material, you continue to retain all of the same ownership rights you had prior to Submitting. By Submitting your User Material, you grant OnlineTVcast a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the OnlineTVcast Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to OnlineTVcast is non-exclusive, fully-paid, and royalty-free (meaning that OnlineTVcast is not required to pay you for the use of your User Material), and sublicensable (so that OnlineTVcast is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks to provide the OnlineTVcast Services).
- By Submitting your User Material, you also hereby grant each user of the OnlineTVcast Services a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the OnlineTVcast Services according to these Terms of Service.
- You shall be solely responsible for your own User Materials and the consequences of Submitting them. In connection with User Material, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize OnlineTVcast to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Materials to enable inclusion and use of the User Materials in the manner contemplated by the OnlineTVcast Website and these Terms of Service.
- In connection with User Materials, you further agree that you will not Submit User 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 Submit the material and to grant OnlineTVcast all of the license rights granted herein.
- OnlineTVcast does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and OnlineTVcast expressly disclaims any and all liability in connection with User Material. OnlineTVcast does not permit copyright infringing activities and infringement of intellectual property rights on its OnlineTVcast Website, and OnlineTVcast will remove all Content and User Materials if properly notified that such Content or User Materials infringes on another's intellectual property rights. OnlineTVcast reserves the right to remove links to such Content and User Materials without prior notice.
3.6.2. Third Party Posts and Submissions.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. OnlineTVcast does not endorse any User Material, and User Material that is Submitted does not reflect the opinions or policies of OnlineTVcast. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does OnlineTVcast assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against OnlineTVcast with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the OnlineTVcast Services is not available for a specific instance of inappropriate User Material, please email feedback@onlineTVcast.com (subject line: "Inappropriate User Material").
4. LINKED WEBSITES AND ADVERTISING
4.1.Third Party Websites.
OnlineTVcast takes no responsibility for advertisements or any third party material Submitted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers, nor does it take any responsibility for any video advertisements published inside the Content. Any dealings you have with advertisers found while using the OnlineTVcast Services are between you and the advertiser, and you agree that OnlineTVcast is not liable for any loss or claim that you may have against an advertiser.
OnlineTVcast, the OnlineTVcast logo, www.onlineTVcast.com, and other OnlineTVcast marks, graphics, logos, scripts, and sounds are trademarks of OnlineTVcast. None of the OnlineTVcast trademarks may be copied, downloaded, or otherwise exploited. All other trademarks and service marks appearing on the OnlineTVcast Website are the properties of their respective owners.
6. UNSOLICITED SUBMISSIONS
You agree that OnlineTVcast has the right not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. OnlineTVcast 's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any OnlineTVcast creative work, including a film, series, story, title, or concept, would be purely coincidental.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT YOUR USE OF THE ONLINETVCAST WEBSITE AND SERVICES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED "AS IS" THROUGH THE ONLINETVCAST, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONLINETVCAST WEBSITE, ITS OWNERS, INVESTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE "ONLINETVCAST PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ONLINETVCAST 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 SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONLINETVCAST WEBSITE AND SERVICES. ONLINETVCAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONLINETVCAST WEBSITE AND SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONLINETVCAST 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.
IN NO EVENT SHALL THE "ONLINETVCAST PARTIES", 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, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONLINETVCAST WEBSITE AND SERVICES, 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 ONLINETVCAST 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 OnlineTVcast WEBSite and Services are controlled by OnlineTVcast from its facilities in the UKRAINE. OnlineTVcast makes no representations that the OnlineTVcast WEBSite and Services is appropriate or available for use in other locations. Those who access or use the OnlineTVcast WEBSite and Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE “ONLINETVCAST PARTIES” FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ONLINETVCAST SERVICES. ONLINETVCAST RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
8. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, 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 18, as the OnlineTVcast Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the OnlineTVcast Website.
9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any User Material or other Content infringes upon your copyrights, you may provide us with the following information:
- 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.
As we receive all appropriate information concerning User Material or other Content that infringes upon your copyrights, links to such User Material or Content will be removed immediately. OnlineTVcast has a policy of terminating user accounts of repeat infringers in appropriate circumstances.
10. GENERAL INFORMATION
Our goal is to bring you as much Content free as is legally available. That said, we are limited by the rights that our content licensors and providers grant to us.
These Terms of Service are governed by, and construed in accordance with, the laws of the Ukraine without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Odessa, Ukraine.