Terms
of Use
- Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE
(collectively, including all Content available through the AuthorViews.com
domain name, the “AuthorViews Website”, or “Website”), YOU SIGNIFY YOUR ASSENT
TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND
CONDITIONS OF AUTHORVIEWS’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.authorviews.com/privacy.php,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use the AuthorViews Website.
- AuthorViews
Website
These Terms of Service apply to all users of the
AuthorViews Website, including users who are also contributors of video
content, information, and other materials or services on the Website. The
AuthorViews Website may contain links to third party websites that are not
owned or controlled by AuthorViews. AuthorViews has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, AuthorViews will not and cannot censor
or edit the content of any third-party site. By using the Website, you
expressly relieve AuthorViews 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 AuthorViews Website and to read the terms and conditions and privacy
policy of each other website that you visit.
- Website Access
- AuthorViews hereby
grants you permission to use the Website as set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or distribute any part of
the Website in any medium without AuthorViews’s prior written authorization,
except where permission is expressly granted on the site; (iii) you will not
alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Service.
- In order to access
some features of the Website, you will have to create an account. You may never
use another’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 AuthorViews immediately of any breach of security or
unauthorized use of your account. Although AuthorViews will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for
the losses of AuthorViews or others due to such unauthorized use.
- You agree not to use
or launch any automated system, including without limitation, “robots,”
“spiders,” “offline readers,” etc., that accesses the Website in a manner that
sends more request messages to the AuthorViews 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, AuthorViews
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. AuthorViews 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 Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.
- Intellectual
Property Rights
The content on the AuthorViews Website, except
all User Submissions (as defined below), including without limitation, the
text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like (“Content”) and the trademarks, service marks and logos
contained therein (“Marks”), are owned by or licensed to AuthorViews, subject
to copyright and other intellectual property rights under United States and
foreign laws and international conventions. 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, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. AuthorViews reserves all rights
not expressly granted in and to the 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 AuthorViews Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the AuthorViews Website
or the Content therein.
- User Submissions
- The AuthorViews
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, AuthorViews does not
guarantee any confidentiality with respect to any submissions.
- 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 AuthorViews 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 Service; 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 Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the User
Submissions to AuthorViews, you hereby grant AuthorViews 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 AuthorViews Website and AuthorViews’s
(and its successor’s) business, including without limitation for promoting and
redistributing part or all of the AuthorViews Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the AuthorViews Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of
Service. The foregoing license granted by you terminates once you remove or
delete a User Submission from the AuthorViews Website.
- 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 AuthorViews all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage AuthorViews 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: (v) impersonate another
person. AuthorViews does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and AuthorViews expressly
disclaims any and all liability in connection with User Submissions.
AuthorViews does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and AuthorViews will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another’s intellectual property rights. AuthorViews
reserves the right to remove Content and User Submissions without prior notice.
AuthorViews 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 Website more than twice. AuthorViews also reserves
the right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service 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.
AuthorViews may remove such User 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.
- 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©(3)
for further detail):
- A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- 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;
- 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;
- Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
- 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
- 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.
AuthorViews’s designated Copyright Agent to
receive notifications of claimed infringement is: AuthorViews, Inc., 741 Saint
Philip St., #241, New Orleans, LA 70116, email:
This email address is being protected from spam bots, you need Javascript enabled to view it
,
telephone: 504-342-4806, fax: 504-342-4157. For clarity, only DMCA notices
should go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to AuthorViews
customer service through http://www.authorviews.com/contact-us/. 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.
- You understand
that when using the AuthorViews Website, you will be exposed to User
Submissions from a variety of sources, and that AuthorViews 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 AuthorViews
with respect thereto, and agree to indemnify and hold AuthorViews, 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.
- AuthorViews
permits you to link to materials on the Website for personal, non-commercial
purposes only. AuthorViews reserves the right to discontinue any aspect of the
AuthorViews Website at any time.
- Warranty
Disclaimer
YOU AGREE THAT YOUR USE OF THE AUTHORVIEWS
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
AUTHORVIEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. AUTHORVIEWS 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 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 AUTHORVIEWS WEBSITE. AUTHORVIEWS DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE AUTHORVIEWS WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AUTHORVIEWS 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.
- Limitation of
Liability
IN NO EVENT SHALL AUTHORVIEWS, 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 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE AUTHORVIEWS WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 AUTHORVIEWS
SHALL NOT BE LIABLE FOR USER 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.
The Website is controlled and offered by
AuthorViews from its facilities in the United States of America. AuthorViews
makes no representations that the AuthorViews Website is appropriate or
available for use in other locations. Those who access or use the AuthorViews
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
- Indemnity
You agree to defend, indemnify and hold harmless
AuthorViews, 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 AuthorViews Website; (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 one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the AuthorViews Website.
- 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 AuthorViews
Website is not intended for children under 13. If you are under 13 years of
age, then please do not use the AuthorViews Website.
- 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 AuthorViews without restriction.
- General
You agree that: (i) the AuthorViews Website
shall be deemed solely based in Washington; and (ii) the AuthorViews Website
shall be deemed a passive website that does not give rise to personal
jurisdiction over AuthorViews, either specific or general, in jurisdictions
other than Washington. These Terms of Service shall be governed by the internal
substantive laws of the State of Washington, without respect to its conflict of
laws principles. Any claim or dispute between you and AuthorViews that arises
in whole or in part from the AuthorViews Website shall be decided exclusively
by a court of competent jurisdiction located in The State of Washington. These
Terms of Service, together with the Privacy Notice at http://www.authorviews.com/privacy.php and any other legal notices published by AuthorViews on the Website, shall
constitute the entire agreement between you and AuthorViews concerning the
AuthorViews Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and AuthorViews’s failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. AuthorViews reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the AuthorViews Website
following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms. YOU AND AUTHORVIEWS AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE AUTHORVIEWS WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
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