Terms of Service
Terms
of Service:
1- Your
Acceptance.
By
visiting or using a website or application owned or controlled by "Topic
Thesaurus", including our affiliated companies (collectively, “Topic
Thesaurus” or “we” or “our” or “us”), or any our products, software, data
feeds, video player and services provided to you by "Topic Thesaurus"
(collectively the “Service”) you signify your agreement to: (I) these terms and
conditions (the “Terms of Service”); and (II) our privacypolicy (the “Privacy Policy”), and incorporated herein by reference. If
you do not agree to any of these terms or the Privacy Policy, please do not use
the Service.
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. We may, in
our 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 these Terms of Service shall be deemed to confer any third-party rights or
benefits.
2- Service.
b- Certain products, services, features, functionality, and content made available by us on the Service are delivered by third parties. By accessing or using any product, service, feature, functionality, or content originating from the Service, you hereby acknowledge and consent that we may share information and data with third parties with whom we have a contractual relationship to provide the requested product, service, feature, functionality, or content for our users.
c- The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve "Topic Thesaurus" from any and all liability arising from your use of any third-party website.
d- Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
3- Accounts
and Third Party Accounts.
a- In order to access
some features of the Service, you will have to create an account. You may never
use another user’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 us immediately of any breach of security or
unauthorized use of your account.
b- Although we will not
be liable for your losses caused by any unauthorized use of your account, you
may be liable for the losses of "Topic Thesaurus" or others due to
such unauthorized use.
c- You may be able to
connect your account on our Service to your third party accounts on other
services (e.g., Facebook or Twitter). By connecting your account to your third
party accounts, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
4- General
Use of the Service - Permissions and Restrictions.
We
hereby grant you permission to access and use the Service as set forth in these
Terms of Service, provided that:
a- You agree not to
distribute in any medium any part of the Service or the Content without our
prior written authorization, unless we make available the means for such
distribution through functionality offered by the Service, such as with an
embeddable video player authorized by us (“Embeddable Player”) or other
authorized means that we may designate.
b- You agree not to
alter or modify any part of the Service.
c- You agree not to
access Content through any technology or means other than on the Service
itself, an Embeddable Player, or other explicitly authorized means we may
designate.
d- You agree not to use
the Service for any of the following commercial uses unless you obtain our
prior written approval:
· the sale of access to the
Service;
· the sale of advertising,
sponsorships, or promotions placed on or within the Service or Content; or
· the sale of advertising,
sponsorships, or promotions on any page of an ad-enabled blog or website
containing Content delivered via the Service, unless other material not
obtained from us appears on the same page and is of sufficient value to be the
basis for such sales.
e- Prohibited commercial
uses do not include:
· uploading an original video
to the Service, or maintaining an original channel on the Service, to promote
your business or artistic enterprise;
· showing our videos through
an Embeddable Player on an ad-enabled blog or website, subject to the
advertising restrictions set forth herein; or
· any use that we expressly
authorize in writing.
f- If you use an
Embeddable Player on your website, you may not modify, build upon, or block any
portion or functionality of the Embeddable Player, including but not limited to
links back to the Service.
g- You agree not to use
or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses the Service in a manner that
sends more request messages to the Service’s 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, we grant the operators of
public search engines permission to use spiders to copy materials from the
website 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. We reserve 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 Service,
nor to use the communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Service with respect to their Content.
h- In your use of the
Service, you will comply with all applicable laws.
j- We reserve the right
to discontinue any aspect of the Service at any time.
5- Your
Use of Content.
In
addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of Content.
a- The Content on the
Service, and the trademarks, service marks and logos (“Marks”) on the Service,
are owned by or licensed to "Topic Thesaurus", subject to copyright
and other intellectual property rights under the law.
b- Content is provided
to you AS IS. You may access Content for your information and personal use
solely as intended through the provided functionality of the Service and as
permitted under these Terms of Service. You shall not download any Content
unless you see a “download” or similar link displayed by us on the Service for
that Content. You shall not copy, reproduce, distribute, transmit, broadcast,
display, sell, license, or otherwise exploit any Content for any other purposes
without the prior written consent of us or the respective licensors of the
Content. "Topic Thesaurus" and its licensors reserve all rights not
expressly granted in and to the Service and the Content.
c- You agree not to
circumvent, disable or otherwise interfere with security-related features of
the Service or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Service or the Content therein.
d- You understand that
when using the Service, you will be exposed to Content from a variety of
sources, and that we are not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such Content. You further
understand and acknowledge that you may be exposed to Content that is
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 us with respect thereto, and, to the extent permitted by applicable
law, agree to indemnify and hold harmless Zealot, its owners, operators, affiliates,
licensors, and licensees to the fullest extent allowed by law regarding all
matters related to your use of the Service.
6- Your
Content and Conduct.
a- As an account holder
you may be able to submit Content to the Service, including videos and user
comments. You understand that we do not guarantee any confidentiality with
respect to any Content you submit.
b- You shall be solely
responsible for your own Content and the consequences of submitting and
publishing your Content on the Service. You affirm, represent, and warrant that
you own or have the necessary licenses, rights, consents, and permissions to
publish Content you submit; and you license to "Topic Thesaurus" all
patent, trademark, trade secret, copyright or other proprietary rights in and to
such Content for publication on the Service pursuant to these Terms of Service.
c- For clarity, you
retain all of your ownership rights in your Content. However, by submitting
Content to the Service, you hereby grant "Topic Thesaurus" a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and
perform the Content in connection with the Service and "Topic
Thesaurus" ’s (and its successors’ and affiliates’) business, including
without limitation for promoting and redistributing part or all of the Service
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Service a non-exclusive
license to access your Content through the Service, and to use, reproduce,
distribute, display and perform such Content as permitted through the
functionality of the Service and under these Terms of Service. The above
licenses granted by you in video Content you submit to the Service terminate
within a commercially reasonable time after you remove or delete your videos
from the Service. You understand and agree, however, that we may retain, but
not display, distribute, or perform, server copies of your videos that have
been removed or deleted. The above licenses granted by you in user comments you
submit are perpetual and irrevocable.
d- You further agree
that Content you submit to the Service will not contain third party copyrighted
material, or material that is subject to other third party proprietary rights,
unless you have permission from the rightful owner of the material or you are
otherwise legally entitled to post the material and to grant us all of the
license rights granted herein.
e- You further agree
that you will not submit to the Service any Content or other material that is
contrary to these Terms of Service or contrary to applicable local, national,
and international laws and regulations.
f- We do not endorse any
Content submitted to the Service by any user or other licensor, or any opinion,
recommendation, or advice expressed therein, and we expressly disclaim any and
all liability in connection with Content. We do not permit copyright infringing
activities and infringement of intellectual property rights on the Service, and
we will remove all Content if properly notified that such Content infringes on
another’s intellectual property rights. We reserve the right to remove Content
without prior notice.
7- Use
of Communication Services.
a- The
Service may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication services designed to enable you to communicate with the public at
large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
b- By
way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any 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 Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information about
others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
c- We
have no obligation to monitor the Communication Services. However, we reserve
the right to review materials posted to a Communication Service and to remove
any materials in our sole discretion. We reserve the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
d- We
reserve the right at all times to disclose any information as 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 our sole discretion.
e- Always
use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. We do not control or
endorse the content, messages or information found in any Communication Service
and, therefore, we specifically disclaim any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Zealot
spokespersons, and their views do not necessarily reflect those of "Topic
Thesaurus".
f- Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
8- Account
Termination Policy.
a- We
will terminate a user’s access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
b- We
reserve the right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to,
pornography, obscenity, or excessive length. We may at any time, without prior
notice and in our sole discretion, remove such Content and/or terminate a
user’s account for submitting such material in violation of these Terms of Service.
9- Warranty
Disclaimer.
YOU
AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, "TOPIC THESAURUS", ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF. "TOPIC THESAURUS" MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE 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; (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; (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES.
"TOPIC THESAURUS" DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND "TOPIC THESAURUS" 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.
10-
Limitation of Liability.
IN
NO EVENT SHALL "TOPIC THESAURUS", 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
SERVICES; (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;
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES 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 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 "TOPIC THESAURUS" SHALL NOT BE LIABLE
FOR CONTENT 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.
IN NO EVENT WILL ZEALOTS’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF
SERVICE EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE.
11-
Indemnification.
To
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless "Topic Thesaurus", 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
Service; (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 your Content caused damage
to a third party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Service.
12-
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 Service is not intended for children under
13. If you are under 13 years of age, then please do not use the Service. Talk
to your parents about what websites are appropriate for you.
13-
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 "Topic
Thesaurus" without restriction.
