1.ACCEPTANCE OF TERMS
The web pages available at www.thebusinessofvideo.com, and all linked pages ("Site"), are owned and operated by Media Paradise, a New South Wales entity, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
MEDIA PARADISE ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT
TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER
TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MEDIA
PARADISE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
Media Paradise reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Media Paradise will notify you via email. What constitutes a "material change" will be determined at Media Paradise's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
2.DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Media Paradise may offer to provide certain services and content, as described more fully on the Site, ("Services").
Services shall include, but not be limited to, any service and content Media Paradise performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site.
Media Paradise may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Media Paradise may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3.YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register a legitimate Email Address and User Name (“User Name”)with Media Paradise. You shall provide Media Paradise with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your user account.
You may not (i) select or use as a User Name a name of another person with the intent to impersonate that person; (ii) use as a User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as User Name a name that is otherwise offensive, vulgar or obscene.
Media Paradise reserves the right to refuse registration of, or
cancel a User Name in its discretion. You shall be responsible for
maintaining the confidentiality of your password.
Services are available only to individuals who are at least 14 years
old, whether acting on their own behalf or as an authorized employee or
representative of a corporation or other business entity. If you do not
so qualify, do not attempt to register for or use the Services.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of articles, commentary and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, "User Content").
As a provider of interactive services, Media Paradise enables users to post such User Content in a public forum. Media Paradise is not liable for any User Content provided by its users. User Content is displayed for entertainment and informational purposes only and is not controlled by Media Paradise.
Media Paradise cannot guarantee the accuracy, integrity or quality of such User Content.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Media Paradise.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Site. You agree not to:
• upload, post or otherwise transmit any User Content that:
o is not relevant to the subject matter of the article, commentary, product, service, person or entity;
o is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, known to be false and presented
as truth, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
o harasses or advocate harassment of another person;
o exploits people in a sexual or violent manner;
o you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as, but not limited to,
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
Codes)
o contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
o potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
o is unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation.
• use an account name, file or directory name, or third level domain (i.e., aaa.thebusinessofvideo.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services;
• attempt to disguise the origin of any User Content transmitted to the Site;
• act in any manner that negatively affects other users' ability to use the Site;
• create separate user accounts with the intention of artificially inflating content “points”, blog count, comments, or any other Media Paradise service.
• use or authorize the use of any means to artificially or falsely drive user traffic to User Content that you or another user posts to the Site, including the use of automated, fraudulent or deceptive processes;
• impersonate any person or entity, including, without limitation, a Site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• post User Content that would be harmful to minors in any manner;
• seeks personal information from a minor
• create and/or log in with multiple accounts;
• violate any laws in your jurisdiction (including but not limited to copyright laws);
• With the exception of accessing RSS feeds, you will not use any
robot, spider, scraper or other automated means to access the Site for
any purpose without our express written permission.
Additionally, you agree that you will not:
(i) take any action
that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iii) bypass any measures we may use to prevent or restrict access to the Site;
Media Paradise may remove any Content and user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: help@thebusinessofvideo.com
4.USER CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
You retain all copyright to all original User Content you submit to
the Site. By transmitting or submitting User Content to the Site, you:
(a) grant Media Paradise a non-exclusive, irrevocable, royalty-free,
perpetual and fully sublicensable and transferable right to use,
reproduce, modify, adapt, translate, distribute, publish, create
derivative works from and publicly display and perform such User
Content in any media, now known or hereafter devised; and
(b) grant Media Paradise, its affiliates and sublicencees the right to
use the name, identifier, or any portion thereof, submitted in
connection with such User Content, if they so choose.
Media Paradise does not generally actively edit User Content. However, in some situations, certain modifications may occur without our active participation, such as due to our obscenity filtering software, which may automatically change profane language to characters such as '@#!%'.
You further acknowledge and agree that you are solely responsible and liable for any content that you post on the Site and for any infringement or other liability that may result.
You agree Media Paradise shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the User Content unless otherwise agreed by Media Paradise
5.COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please email help@thebusinessofvideo.com
6.PRIVACY POLICY
Media Paradise privacy policy is available at www.thebusinessofvideo.com (the "Privacy Policy"), which is incorporated by this reference.
7.INDEMNITY
You will indemnify and hold harmless Media Paradise, its settlor, trustee, trustee directors and shareholders, beneficiaries, affiliates, administrator, advertisers, customers, vendors, officers, editors, moderators, contributors and employees from any liability, damage or cost (including reasonable legal fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or User name, of any intellectual property or other right of any person or entity.
8.WARRANTY DISCLAIMERS
You acknowledge that Media Paradise has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Media Paradise from all liability for you having acquired or not acquired Content through the Site.
You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it.
Media Paradise does not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such Content and disclaims all liability for such Content for any loss or damage incurred as a result of the use of such Content.
By using the Service, you agree to bear all risks associated with the use of any Content on the Service and any reliance on the accuracy, completeness, or usefulness of such Content.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Media Paradise has no control over such sites and resources, you acknowledge and agree that Media Paradise is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Media Paradise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10.LIMITATION OF LIABILITY
IN NO EVENT MEDIA PARADISE WILL HAVE NO RESPONSIBILITY OR LIABILITY IN RELATION TO ANY DIRECT OR INDIRECT LOSS OR DAMAGE WHICH YOU INCUR, INCLUDING DAMAGE TO YOUR SOFTWARE OR HARDWARE, ARISING FROM YOUR USE OF OR ACCESS TO THIS SITE.
11.TERMINATION
Media Paradise may terminate or suspend any and all Services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use.
Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12.MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Media Paradise in any respect whatsoever.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Media Paradise shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Media Paradise's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
The Terms of Use is not assignable, transferable or sublicensable by you except with Media Paradise's prior written consent. Media Paradise may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
APPLICABLE LAW AND VENUE
These conditions and all other specific and additional terms which govern your use of and access to the Site will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Sydney, NSW, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this User Agreement.