2. Access to HD Network And Its Forums: You will be required to register in order to access to certain forums on HD Network, and you will be required to provide certain information in order to complete the registration. You agree that: (a) you are an education professional over the age of eighteen (18); (b) that the information used to register will be true and accurate, and that you will maintain and update your information promptly to keep it current; (c) that you will not share your account information including your password; (d) that you will notify HD Network of any breach of security in connection with your account. SAFARI Montage will not be responsible for your failure to comply with your obligation to keep your password secure and not to share it with anyone. The information you provide to SAFARI Montage in connection with registration on HD Network will be used for communication with you, including in connection with your account, general product information, product releases and new web site features. SAFARI Montage will not sell the information you provide in connection with registration on HD Network.
(a) that you shall abide by all applicable federal, state or local laws and regulations, including those laws and regulations pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and intellectual property, including copyright or trademark infringement;
(b) except in connection with non-commercial educational purposes (as granted to you in paragraph 4, below), that you will not reproduce, display, publicly perform, distribute, create a derivative of or exhibit any content or other materials found on HD Network;
(c) that all content posted, uploaded, emailed or otherwise transmitted on HD Network is the sole responsibility of the person who posted it, and that HD Network will have no responsibility for any such content, whether posted, uploaded, emailed or otherwise transmitted over HD Network;
(d) that you acknowledge that SAFARI Montage does not control the content posted by users of HD Network and therefore does not in any way warrant the accuracy or quality of such content;
(e) that you acknowledge that you are solely responsible for your interactions with other users and/or participants of HD Network, and that you will be solely responsible for any disputes that may arise with them;
(f) that you will not do any of the following:
HD Network, in its sole discretion, may determine at any time and from time to time, with or without notice to you, general practices regarding the use of HD Network and the display of content by its users and/or participants. You acknowledge that SAFARI Montage will have no liability to you or any third party for the failure to display or store any content or other communications either appearing on HD Network or otherwise submitted to HD Network.
SAFARI Montage may provide, or a user or participant of HD Network may provide, links to other web sites or resources outside of HD Network. SAFARI Montage has no control over such sites and resources, and SAFARI Montage 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 or other materials on or available from such sites or resources. You also agree that SAFARI Montage will 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, or other materials available on or through any such site or resource.
6. Termination of Accounts and/or Service: SAFARI Montage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, HD Network or any blog or forum, or any part thereof, with or without notice. You agree that SAFARI Montage will not be liable to you or to any third party for any such modification, suspension or discontinuance.
You also agree that SAFARI Montage, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, any of your passwords or accounts, or any part thereof, in connection with HD Network, and may edit, remove or discard any content on HD Network, for any reason or no reason. In the event that your account is terminated, you may not register again with HD Network or submit, post, email or otherwise transmit any content on HD Network.
7. Ownership: HD Network is protected by copyright, trademark, patent, trade secret and other intellectual property rights. SAFARI Montage trademarks and logos are the property of Library Video Company, and cannot be displayed or used in any manner without written permission.
8. Notification of Copyright Infringement: SAFARI Montage respects the intellectual property of others. SAFARI Montage expects that each and every user of HD Network will also respect the intellectual property rights of others. If you believe that the copyright in your work has been infringed because it has been posted, copied or otherwise used on or in connection with HD Network, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
SAFARI Montage will respond to claims of copyright infringement pursuant to the requirements of the Digital Millennium Copyright Act (“DMCA”). (If you wish to review the DMCA, see Title 17, United States Code, Section 512(c)(2).) SAFARI Montage’s Designated Agent is as follows:
|Service Provider:||SAFARI Montage|
|Designated Agent:||Judith C. Koss|
|Address to Which Notification Should Be Sent:||Five Tower Bridge
300 Barr Harbor Drive, Suite 700
West Conshohocken, PA 19428-2998
Takedown Notice. If you believe that you hold a claim of copyright infringement, you must submit a takedown notice. To be effective, the takedown notice must be written, sent by regular mail or facsimile addressed to SAFARI Montage’s Designated Agent and must include the following:
(a) A statement that you are the owner of the exclusive right that you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right which has been infringed.
(b) Your signature. (The signature may be either physical or electronic.)
(c) The identification and description of the copyrighted work that you claim has been infringed. (If you claim that multiple copyrighted works have been infringed, you can submit one takedown notice with a list of the allegedly infringed works.)
(d) Identification of the material within the copyrighted work that you claim has been infringed.
(e) Information reasonably sufficient to permit SAFARI Montage to locate the material within the HD Network.
(f) Information reasonably sufficient to permit SAFARI Montage to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. (You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.)
(g) 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.
(h) A statement, under penalty of perjury, that the information in the takedown notice is accurate.
Before you file a takedown notice under the DMCA, please carefully evaluate your rights, the rights of the copyright owner (if you are not the owner) and whether or not the use of copyrighted material is protected by the “fair use” doctrine. If you file a takedown notice without a legitimate copyright infringement claim, you may be liable for costs and attorneys’ fees. If you are unsure whether use of your copyrighted material constitutes infringement or whether a valid fair use defense exists, please contact an attorney.
Response to Takedown Notice. In response to receipt of a proper takedown notice under the DMCA, SAFARI Montage may remove or disable access to the allegedly infringing content. SAFARI Montage may also terminate the account of any alleged or repeat infringer. SAFARI Montage will take reasonable steps to notify the alleged infringer (subscriber) that the posted, copied or otherwise used material has been removed or disabled by SAFARI Montage. SAFARI Montage will provide the subscriber with an opportunity to send a counter notice, stating that the material was wrongly removed or disabled.
Counter Notice. If you believe access to your content was disabled or removed by SAFARI Montage as a result of an improper takedown notice, submit a counter notice by regular mail or facsimile addressed to SAFARI Montage’s Designated Agent. To be effective, the counter notice must include the following:
(a) A statement that you are the subscriber of the HD Network, and a statement that the material was removed or disabled as a result of a mistake or misidentification of the material.
(b) Your signature. (The signature may be either physical or electronic.)
(c) The identification and description of the material that was removed or disabled from the HD Network.
(d) Information reasonably sufficient to permit SAFARI Montage to identify where the material was posted or located within the HD Network before it was removed or disabled.
(e) Information reasonably sufficient to permit SAFARI Montage to contact you, including your address, telephone number, fax number and, if available, an electronic mail address.
(f) A statement, under penalty of perjury, that the information in the counter-notice is accurate and that you have a good faith belief in the contents thereof.
(g) A statement that you will accept service of process from the person who submitted the takedown notice or an agent of that person, and a statement that you will consent to the jurisdiction of the local federal court.
Response to Counter Notice. In response to receipt of a proper counter notice under the DMCA, SAFARI Montage will take reasonable steps to send the counter notice to the person who provided the original takedown notice and notify that person that SAFARI Montage will replace the removed or disabled material within ten (10) to fourteen (14) business days, unless the copyright owner brings a lawsuit in district court within fourteen (14) business days.
The Designated Agent will not remove content from the HD Network in response to phone or email notifications. The Designated Agent will not remove content from the HD Network for any reason other than as identified herein.
8. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) YOUR USE OF HD NETWORK, ITS FORUMS AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAFARI MONTAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL, OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
(b) SAFARI MONTAGE MAKES NO WARRANTY OR REPRESENTATION THAT (i) HD NETWORK WILL MEET YOUR REQUIREMENTS, (ii) HD NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE CONTENT THAT MAY BE POSTED ON HD NETWORK WILL BE ACCURATE OR RELIABLE.
(c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HD NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) SAFARI MONTAGE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT OR MATERIALS OFFERED BY THIRD PARTIES, AND SAFARI MONTAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR CONTENT OR MATERIALS. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFARI MONTAGE WILL HAVE NO LIABILITY RELATED TO SUCH CONTENT OR MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
(f) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SAFARI MONTAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFARI MONTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HD NETWORK; (ii) THE RELIANCE ON ANY INFORMATION OR CONTENT DISPLAYED ON OR RESULTING FROM HD NETWORK OR ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM HD NETWORK; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HD NETWORK; OR (v) ANY OTHER MATTER RELATING TO HD NETWORK.
(h) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 8 MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF SAFARI MONTAGE.