INTERNET VIDEO ARCHIVE LLC
A. All material received, without contrary notice signed by INTERNET VIDEO ARCHIVE LLC, is subject to the terms if this agreement. INTERNET VIDEO ARCHIVE LLC permits the submission of movie previews, music videos, television previews, video game trailers and other promotional communications by copyright owners or their legal representatives (“Submissions”) and the hosting, sharing, and/or publishing of such Submissions by and to affiliates, Syndicators, subscribers and end users (“Clients”). INTERNET VIDEO ARCHIVE LLC does not guarantee any confidentiality with respect to any submissions. It is understood that previews are submitted for promotional purposes. Promotional purposes includes the public performance or personal viewing via download in whole or in part of the material submitted to educate or inform consumers about the underlying work and/or its availability on websites, mobile devices, IPTV and other digital delivery systems including without limitation SingingFool.com, VideoDetective.com and other affiliated or syndicated or subscribing websites. INTERNET VIDEO ARCHIVE LLC may charge subscription or access fees to as well as place advertising on its site or its affiliated, syndicated or subscribing sites. Submitted material are for promotional use and will not be resold to consumers. INTERNET VIDEO ARCHIVE LLC is not responsible for errors and omissions but will attempt to correct any data entry brought to our attention as quickly as possible. Material received without contrary notice signed by us, will be deemed to be cleared, except for those rights reserved to others by statute, for inclusion in consumer guides such as the VideoDetective.com website and for library, in-store, mobile devices, cable and television channels, video on demand services and other digitally transmitted promotional/educational use by INTERNET VIDEO ARCHIVE LLC affiliates, successors, assigns and their clients.
B. You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to INTERNET VIDEO ARCHIVE LLC, you hereby grant INTERNET VIDEO ARCHIVE LLC a worldwide, non-exclusive, royalty-free, irrevocable and transferable license to use, reproduce, distribute, display, and perform the Submissions in connection with Clients’ Websites, Applications and Devices in any media formats and through any media channels. You shall be solely responsible for your own Submissions/Links and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize INTERNET VIDEO ARCHIVE LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by this Submission form.
C. You further agree that you will not submit or link to 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. INTERNET VIDEO ARCHIVE LLC does not endorse any Submission or any opinion, recommendation, or advice expressed therein. INTERNET VIDEO ARCHIVE LLC reserves the right to remove Content and Submissions without prior notice. INTERNET VIDEO ARCHIVE LLC also reserves the right to decide whether Content or a Submission is appropriate. INTERNET VIDEO ARCHIVE LLC may remove such inappropriate 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. INTERNET VIDEO ARCHIVE LLC will remove or cause to be removed any Submissions if properly notified that such Content or Submission infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any 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.
INTERNET VIDEO ARCHIVE LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Jed Horovitz, Internet Video Archive, South Jersey Technology Park, 107 Gilbreth Parkway, Mullica Hill, NJ 08062, jedh@INTERNETVIDEOARCHIVE.COM, telephone: 856 310 1981. For clarity, only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
INTERNET VIDEO ARCHIVE LLC is controlled and offered from facilities in the United States of America. INTERNET VIDEO ARCHIVE LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the INTERNET VIDEO ARCHIVE LLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that the INTERNET VIDEO ARCHIVE LLC Website shall be deemed solely based in New Jersey and further that all disputes here in shall be settled according to the rules of the American Arbitration Society.
Warranty Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERNET VIDEO ARCHIVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES OR WEBSITES. INTERNET VIDEO ARCHIVE LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT OR THE CONTENT OF ANY SITES LINKED TO ITS SERVICES 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 SERVICES OR WEBSITES, (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 SERVICES OR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES OR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 INTERNET VIDEO ARCHIVE LLC SERVICES OR WEBSITES. INTERNET VIDEO ARCHIVE LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INTERNET VIDEO ARCHIVE LLC SERVICES OR WEBSITES OR ANY HYPERLINKED SERVICES OR WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INTERNET VIDEO ARCHIVE LLC 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. IN NO EVENT SHALL INTERNET VIDEO ARCHIVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE THE SERVICES OR WEBSITES OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INTERNET VIDEO ARCHIVE LLC SERVICES OR WEBSITES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INTERNET VIDEO ARCHIVE LLC SHALL NOT BE LIABLE FOR 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. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INTERNET VIDEO ARCHIVE LLC SERVICES OR WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED