TERMS OF USE
1. ACCEPTANCE OF TERMS
This Website or (“ROOFING VIDEOS”) provides the information on this Web site as provided in these Terms of Service (“RV”). ROOFING VIDEOS may update the RV at any time and without prior notice by posting a new version at http://www.roofingvideos.org. The information on this site and your use of it is subject to the most recent version of the RV posted.
2. DESCRIPTION OF SERVICE
ROOFING VIDEOS provides you with access to discussion lists, forums, licenses and a variety of other services. (“ROOFING VIDEOS Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current ROOFING VIDEOS Service shall be subject to the RV.
3. YOUR VIDEO UPLOAD OBLIGATIONS
In consideration of your use of the ROOFING VIDEOS Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the ROOFING VIDEOS Service’s registration form (the “Video Upload”) and
(b) maintain and promptly update the Video Upload to keep it true, accurate, current unique and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ROOFING VIDEOS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ROOFING VIDEOS has the right to suspend or terminate your account and refuse any and all current or future use of the ROOFING VIDEOS Services (or any portion thereof).
4. ROOFING VIDEOS PRIVACY POLICY
Video Upload and certain other information about you is subject to our Privacy Policy.
5. CONDUCT
You understand that all information, data, text, software, graphics or other materials (“Video Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ROOFING VIDEOS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the ROOFING VIDEOS Service. ROOFING VIDEOS does not control the Content posted via the ROOFING VIDEOS Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ROOFING VIDEOS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 ROOFING VIDEOS Service. You agree to not use the ROOFING VIDEOS Service to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the ROOFING VIDEOS Service;
4) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
7) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges;
9) interfere with or disrupt the ROOFING VIDEOS Service or servers or networks connected to the ROOFING VIDEOS Service, or disobey any requirements, procedures, policies or regulations of networks connected to the ROOFING VIDEOS Service;
10) intentionally or unintentionally violate any applicable local, state, national or international law,
11) “stalk” or otherwise harass another; and/or
12) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that ROOFING VIDEOS may or may not pre-screen Content, but that ROOFING VIDEOS and its video creation shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the ROOFING VIDEOS Service and which violates the RV. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that ROOFING VIDEOS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the RV;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ROOFING VIDEOS its users and the public.
6. CONTENT MADE AVAILABLE FOR INCLUSION ON THE ROOFING VIDEOS SERVICE
ROOFING VIDEOS does not claim ownership of Content you submit or make available for inclusion via the ROOFING VIDEOS Service. However, with respect to Content you submit or make available for inclusion on the publicly available ROOFING VIDEOS Service, you irrevocably grant ROOFING VIDEOS the perpetual, worldwide, royalty-free and non-exclusive license, with the right to video organizer through a paid prdocuer, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the ROOFING VIDEOS Service or other publications by ROOFING VIDEOS in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the http://www.roofingvideos.org/ Web site. And for Content you submit for private discussions, you grant ROOFING VIDEOS the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
7. INDEMNITY
You agree to indemnify and hold ROOFING VIDEOS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the ROOFING VIDEOS Service, your connection to the Service, your violation of the RV, or your violation of any rights of another.
8. MODIFICATIONS TO ROOFING VIDEOS SERVICE You acknowledge that ROOFING VIDEOS may establish general practices and limits concerning use of the ROOFING VIDEOS Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the ROOFING VIDEOS Service.. You further acknowledge that ROOFING VIDEOS reserves the right to modify these general practices and limits from time to time. ROOFING VIDEOS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ROOFING VIDEOS Service (or any part thereof) with or without notice. You agree that ROOFING VIDEOS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ROOFING VIDEOS Service.
9. TERMINATION
You agree that ROOFING VIDEOS may terminate your access to the ROOFING VIDEOS Service for violations of the RV and/or requests by authorized law enforcement or other government agencies.
10. LINKS
The ROOFING VIDEOS Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ROOFING VIDEOS has no control over such sites and resources, you acknowledge and agree that ROOFING VIDEOS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ROOFING VIDEOS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: Your use of the ROOFING VIDEOS service is at your sole risk. ROOFING VIDEOS service is provided on an “as is” and “as available” basis. ROOFING VIDEOS and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ROOFING VIDEOS and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The ROOFING VIDEOS service will meet your requirements;
(ii) The ROOFING VIDEOS service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the ROOFING VIDEOS service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from ROOFING VIDEOS or through or from the service shall create any warranty not expressly stated in the RV.
12. LIMITATION OF LIABILITY
You expressly understand and agree that ROOFING VIDEOS and its subsidiaries, affiliates, officers, employees, agents, partners and producers shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Roofing Videos has been advised of the possibility of such damages), resulting from the use or the inability to use the ROOFING VIDEOS service.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ROOFING VIDEOS respects the copyright of others, and we ask our users to do the same. ROOFING VIDEOS may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ROOFING VIDEOS’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
14. GENERAL INFORMATION
Entire Agreement. The RV constitutes the entire agreement between you and ROOFING VIDEOS and governs your use of the ROOFING VIDEOS Service, superseding any prior agreements between you and ROOFING VIDEOS with respect to the ROOFING VIDEOS Service. The RV and the relationship between you and ROOFING VIDEOS shall be governed by the laws of the State of Maine without regard to its conflict of law provisions. You and ROOFING VIDEOS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Portland, Maine. Waiver and Severability of Terms. The failure of ROOFING VIDEOS to exercise or enforce any right or provision of the RV shall not constitute a waiver of such right or provision. If any provision of the RV is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the RV remain in full force and effect here at roofingvideos.org.