1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (including all
Content accessed through the Gclef.TV.com domain name and/or the
“Gclef.TV Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE
(the "Terms of Use") AND THE TERMS AND CONDITIONS OF
Gclef.TV'S PRIVACY
STATEMENT, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to
any of these terms, then please do not use the Gclef.TV Website.
2. Gclef.TV Website
These Terms of Use apply to all users of the
Gclef.TV Website, including users who are also contributors of video
content, information, and other materials or services on the Website. The
Gclef.TV Website may contain links to third party websites that are not
owned or controlled by Gclef.TV. Gclef.TV has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, Gclef.TV will not and cannot censor
or edit the content of any third-party website. By using the Gclef.TV
Website, you expressly relieve Gclef.TV from any and all liability arising
from your use of any third-party website. Accordingly, we encourage you to be
aware when you leave the Gclef.TV Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Gclef.TV Website Access
A. Gclef.TV hereby grants you permission to use
the Gclef.TV Website only in the manner set forth in these Terms of Use.
You agree that: (i) your use of the Gclef.TV Website as permitted is solely
for your own use; (ii) you will not copy, distribute or resell any part of the
Gclef.TV Website including content contained thereon in any medium without
Gclef.TV's prior written authorization; (iii) you will not alter or modify
any part of the Gclef.TV Website other than as may be reasonably necessary
to use the Gclef.TV Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the
Gclef.TV Website, you are required to create an account. You may not use
any account other than your own 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 Gclef.TV immediately of any breach of
security or unauthorized use of your account. Although Gclef.TV will not be
liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Gclef.TV or others due to such unauthorized
use.
C. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders," "offline readers,"
etc., that accesses the Gclef.TV Website in a manner that sends more
request messages to the Gclef.TV 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, Gclef.TV grants the operators
of public search engines permission to use spiders to copy materials from the
Gclef.TV Website for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. Gclef.TV reserves 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
Gclef.TV Website, nor to use the communication systems provided by the
Gclef.TV Website for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Gclef.TV Website with
respect to its User Submissions (as such term is defined below).
4. Intellectual Property Rights
The content on the Gclef.TV Website, including
without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like, but excepting User Submissions
("Content") and the copyrights, trademarks, service marks and logos contained
therein ("Marks"), are either owned by or licensed to Gclef.TV, and are
subject United States and foreign laws and international conventions relating to
intellectual property protections. Content on the Website is provided to you AS
IS for your information and personal use only and may not be used, copied,
reproduced, distributed, reverse engineered, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. Gclef.TV reserves all
rights not expressly granted in and to the Gclef.TV Website and the
Content. You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Gclef.TV Website or
features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Gclef.TV Website or the Content therein.
5. User Submissions
A. The Gclef.TV Website may now or in the future
permit the submission of videos or other communications submitted by you and
other users ("User Submissions") and the hosting, sharing, and/or publishing of
such User Submissions. You understand that whether or not such User Submissions
are published, Gclef.TV does not guarantee any confidentiality with respect
to any submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to use and
authorize Gclef.TV to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Use; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Use. For clarity, you
retain all of your ownership rights and copyright in your User Submissions.
However, by submitting the User Submissions to Gclef.TV, you hereby grant
Gclef.TV a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Gclef.TV
Website and Gclef.TV's (and any successor's) business, including without
limitation for promoting and redistributing part or all of the Gclef.TV
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the Gclef.TV Website a
non-exclusive license to access your User Submissions through the Gclef.TV
Website, and to use, reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the functionality of the
Gclef.TV Website and under these Terms of Use. The foregoing license
granted by you terminates once you remove or delete a User Submission from the
Gclef.TV Website.
C. In connection with User Submissions, you
further agree that you will not: (i) submit 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 post the material and to
grant Gclef.TV all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage Gclef.TV or any third
party; (iii) submit 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, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business; or (v) impersonate another person.
You may not resell goods or services of third parities without the written
consent of Gclef.TV, which may be subject to additional terms and
conditions and which may be withheld by Gclef.TV at its sole discretion.
You may not sell proprietary goods or services that would result in monthly
gross sales in excess of $1,000 without the written consent of Gclef.TV,
which may be subject to additional terms and conditions and which may be
withheld by Gclef.TV at its sole discretion. Gclef.TV does not
endorse any User Submissions or any opinion, recommendation, or advice expressed
therein, and Gclef.TV expressly disclaims any and all liability in
connection with User Submissions. Gclef.TV does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and Gclef.TV will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. Gclef.TV reserves the right to remove Content
and User Submissions without prior notice. Gclef.TV will also terminate a
User's access to its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the Gclef.TV
Website more than twice. Gclef.TV also reserves the right to decide whether
Content or User Submissions are appropriate and comply with these Terms of Use
for violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Gclef.TV may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of
these Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an
agent thereof and believe that any User 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 the exclusive right that has
allegedly been 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 us to locate the material;
(iv) Information reasonably sufficient to permit the
us 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.
Gclef.TV's designated agent to receive
notifications of claimed infringement:
http://www.gclef.tv.com/contact.aspx. DMCA notices should go to this agent.
All other feedback, comments, requests for technical support, and other
communications should be directed to Gclef.TV customer service through
http://www.gclef.tv.com/contact.aspx. You acknowledge that if you fail to comply
with all of the requirements of this Section 5(D), your DMCA notice may not be
valid.
E. You understand that when using the Gclef.TV
Website, you will be exposed to User Submissions from a variety of sources, and
that Gclef.TV is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User Submissions
that are 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 Gclef.TV with respect thereto, and agree to indemnify
and hold Gclef.TV, its owners/operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to
your use of the site.
F. Gclef.TV permits you to link to materials on
the Gclef.TV Website for personal, non-commercial purposes only.
Gclef.TV reserves the right to discontinue any aspect of the Gclef.TV
Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Gclef.TV WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
Gclef.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Gclef.TV WEBSITE AND
YOUR USE THEREOF. Gclef.TV 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE Gclef.TV WEBSITE. Gclef.TV DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE Gclef.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Gclef.TV 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.
7. Limitation of Liability
8. Indemnity
You agree to defend, indemnify and hold harmless
Gclef.TV, its affiliates, and their respective 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 Gclef.TV
Website; (ii) your violation of any term of these Terms of Use; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Use and your use of the Gclef.TV Website.
9. Ability to Accept Terms of Use
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 Use,
and to abide by and comply with these Terms of Use. In any case, you affirm that
you are over the age of 13, as the Gclef.TV Website is not intended for
children under 13. If you are under 13 years of age, then please do not use
the Gclef.TV Website—there are lots of other great web sites for you. Talk
to your parents about what sites are appropriate for you.
10. Assignment
These Terms of Use, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by Gclef.TV without restriction.
These Terms of Use were last updated on February 16, 2009.