YOUR ACCEPTANCE By embedding Squaremouth’s Live Video Feed (hereafter, the “Video”), you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms, you may not use the Video.
GENERAL USE OF THE VIDEO – PERMISSIONS AND RESTRICTIONS
Squaremouth hereby grants you permission to access and use the Video as set forth in these Terms of Service, provided that you agree not to alter or modify any part of the Video (including, without limitation, its branding as originating from Squaremouth”) or any of its related technologies.You agree not to use the Video for any commercial use without the prior written authorization of Squaremouth. Prohibited commercial uses include (but are not limited to) any of the following actions taken without Squaremouth’s express approval:1. Sale of access to the Video on another website; 2. Use of the Video or the primary purpose of gaining advertising or subscription revenue, or soliciting donations; 3. The sale of advertising on any third-party website targeted to the content of specific Squaremouth Content. “Squaremouth Content” means any video content appearing on a Squaremouth website, including video content in the public domain, copyrighted by or licensed to Squaremouth; and 4. Any use of the Video that Squaremouth finds, in its sole discretion, uses Squaremouth Content or other Squaremouth resources in such a way as to compete with or displace the market for the Squaremouth or for Squaremouth Content in general.Prohibited commercial uses do not include: 1. Using the Video to show Squaremouth Content on an ad-enabled blog or website, provided the primary purpose of using the Video and Squaremouth Content is not to gain advertising revenue or to compete with Squaremouth; and 2. Any use that Squaremouth expressly authorizes in writing.You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Video in a manner that sends more request messages to the Squaremouth 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, Squaremouth grants the operators of public search engines permission to use spiders to copy materials from the site 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. Squaremouth reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Video, nor to use the communication systems provided by the Video for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Video.In your use of the Video you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.Squaremouth reserves the right to discontinue any feature of the Video at any time, or to discontinue the Video.WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE VIDEO SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SQUAREMOUTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE VIDEO AND YOUR USE THEREOF. SQUAREMOUTH 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 Video, (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 Video, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Video 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 VIDEO. SQUAREMOUTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDEO OR ANY HYPERLINKED Video OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SQUAREMOUTH 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 SQUAREMOUTH, 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 Video, (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 VIDEO, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Video 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 VIDEO, 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 APPLICABLEYOU SPECIFICALLY ACKNOWLEDGE THAT SQUAREMOUTH SHALL NOT BE LIABLE FOR 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 Video is controlled and offered by SQUAREMOUTH from its facilities in the United States of America. SQUAREMOUTH makes no representations that the Video is appropriate or available for use in other locations. Those who access or use the Video from other jurisdictions do so at their own volition and are responsible for compliance with local law.INDEMNITYYou agree to defend, indemnify and hold harmless Squaremouth, its 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 Video; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Video.ABILITY TO ACCEPT TERMS OF SERVICEYou 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.ASSIGNMENTThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Squaremouth without restriction.GENERALYou agree that: (i) the Video shall be deemed solely based in the District of Columbia; and (ii) the Squaremouth website shall be deemed a passive website that does not give rise to personal jurisdiction over Squaremouth, either specific or general, in jurisdictions other than the District of Columbia. These Terms of Service shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and Squaremouth that arises in whole or in part from the Video shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms of Service and any other legal notices published by Squaremouth on its websites, shall constitute the entire agreement between you and Squaremouth concerning the Video. 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 Squaremouth failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Squaremouth 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 Squaremouth Video following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SQUAREMOUTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SQUAREMOUTH VIDEO MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.