Terms and Conditions
3. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Services are for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
6. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE. Any software that is made available to download from the Services (Software) is the copyrighted work of Software Video and/or its licensors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE LICENSE AGREEMENT TERMS. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Software Video HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. FORMS, AGREEMENTS, & DOCUMENTS. We may make available through the Services sample and actual forms, checklists, and business documents (collectively, Documents). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and are without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.
Software Video AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. Software Video AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Software Video AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Software Video AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS DESCRIBED HEREIN AT ANY TIME.
Notwithstanding the foregoing, if Software Video is held liable for damages, then regardless of the form of action, whether in contract, tort, breach of warranty, or otherwise, Software Video and any Related Parties aggregate liability to you shall be limited to the fees actually received by Software Video under this Agreement during the twelve (12) month period preceding the event giving rise to such liability. All of the provisions of this section are also for the benefit of Software Video directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing, or distributing the Services (collectively, Related Parties), and each shall have the right to assert and enforce the provisions directly on their own behalf.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Certain sections of, or offerings from, the Services may require you to register for a member account. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only, unless authorized in writing by us. Unless previously authorized in writing by us, we do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are solely responsible for preventing such unauthorized use.
9. USE OF THE SERVICES. You agree to use the Services only for their intended purpose. By way of example, and not as a limitation, you agree that when using the Services, you will not: Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of anothers computer or property of another; falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Services; harvest or otherwise collect information about others, including e-mail addresses; violate any applicable laws or regulations; or use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Software Video reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Software Video reserves the right at all times to disclose any information as Software Video deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Software Video sole discretion.
10. LINKS TO THIRD PARTY SITES. WE MAY OCCASIONALLY PROVIDE LINKS TO THIRD PARTY SITES WHICH LET YOU LEAVE Software Video SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Software Video AND Software Video IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Software Video IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Software Video IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Software Video OF THE SITE.
11. MISCELLANEOUS. This Agreement shall be treated as though it were executed and performed in Newport Beach California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. In the event of any dispute concerning this Agreement, Software Video, or any other software licensed hereunder, suit may be brought only in a court of competent jurisdiction in the State of California. Any cause of action by you with respect to the Services (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
12. CONFLICT RESOLUTION. Any legal controversy or legal claim arising out of or relating to this Agreement or the Services, excluding legal action taken by us to collect or recover damages for or to obtain any injunction against you, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newport Beach, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California necessary to protect our rights or property pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
13. DMCA Takedown Procedures. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Software Video to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)
(3). You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
If a notice of copyright infringement has been filed against you, you may file a counter notification with Software Video designated agent at the address listed below. Such counter notification must contain the following information:
a. physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If Software Video receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
15. TRADEMARK AND COPYRIGHT NOTICE. Software Video® is a registered trademark owned by Software Video. You agree that all Software Video trademarks, trade names, service marks and other Software Video logos and brand features, and product and service names are trademarks and the property of Software Video (the Software Video). You agree not to display or use in any manner the Software Video without our prior written permission.
All other trademarks mentioned in conjunction with the Services (Third Party Marks) are owned by their respective owners and are protected by United States and international law. You agree not to display or use in any manner the Third Party Marks without express permission from the respective owner.
Copyright © 1994 2015 Software Video, Box 10444 Newport Beach, California 92658.
U.S.A. All rights reserved.