VIDEO SUBMISSION SERVICE AGREEMENT
Advanced Marketing on the Internet Ltd (A-M-I)
Internet-Experts-Live.com (iEL)
Www.Internet-Experts-Live.com (the "Site") is a site provided by A-M-I, subject to your compliance with the terms and conditions set forth below.
BY ORDERING FROM, ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
This Agreement ("Agreement") by and between you, the contracting party entered above, ("You") and A-M-I is effective as of the date you order and/or join any A-M-I products and/or services and/or networks, including trials.
This Agreement includes business entities which, or individuals who, own or control the rights to copyright material and trademarks, including audio-visual works (e.g., video or audio content) and the images, music and text included in them, and desire to upload, post, display and distribute such content on the Site and/or on any third-party Web site accessed by any A-M-I service on behalf of You.
The parties agree as follows:
Further Definitions
The terms below shall have the following meaning throughout this Agreement:
"Licensed Material" means the logos, branding, artwork, photographic images, text, URLs and other similar materials that you upload or otherwise deliver to the Site and/or any video hosting service through A-M-I products and/or services in connection with your orders.
"Licensed Content" means the audio-visual works and video and audio content you upload or otherwise deliver to the Site and instruct A-M-I to upload for You.
"A-M-I Properties" means A-M-I's products, services, websites, networks, forums, blogs, and the likes of it.
Modifications
A-M-I, MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Cancellation
To cancel orders and/or services, send an email to cancellation@a-m-i-ltd.com with the subject line "CANCELLATION" and the products and/or services You wish to cancel in the text body of the email message. If you cancel products and/or services, you still must pay all service and usage charges incurred prior to cancellation.
Services that terminate before the end of their billing cycle (7 days for weekly Services, 30 days for monthly Services, 365 days for annual Services) will be charged for the entire cycle without pro ration. There are NO PARTIAL CYCLE REFUNDS. Applicable taxes, assessments and other fees and charges are additional.
A-M-I may terminate a Service's account for non-payment or for violation of the terms of this Agreement and Conditions of Use and Service.
Rejoining
It is at A-M-I's sole discretion to allow a member who cancels Service to rejoin.
Your Responsibilities
To receive services and/or to participate as a member, You must maintain your account (the "Member Account"). You must provide and maintain accurate and complete information in connection with your Member Account. You are solely responsible for the activity that occurs on and through your Member Account, and You must keep your account password secure. Further, You are solely responsible for uploading any Licensed Material and/or Licensed Content through your Member Account or other means provided by A-M-I, and for adding appropriate keyword anchor texts and tags and text descriptions about the Licensed Material and/or Licensed Content for distribution to other third party web sites. Further, You are solely responsible for establishing and maintaining necessary accounts with any third-party web site you wish A-M-I to access on your behalf. You must agree separately to those third-party web site’s terms of service/use and abide by them when requesting access to the Site and/or requesting A-M-I to access other web sites on your behalf. You must not request A-M-I to access any third-party web site on your behalf if doing so violates your agreement with said web site or its terms of service. A-M-I reserves the right to discontinue any aspect of the A-M-I Web site at any time, and to refuse or expunge any Licensed Material and/or Licensed Content at any time.
Ownership of Licensed Content
You represent that You have and will retain throughout the term of this Agreement, all necessary rights, title, interest, licenses and permissions in and to the Licensed Content, including without limitation any copyrights (including in any sound recordings and/or musical works, as well as any text, photographic images or artwork incorporated into the audio-visual works), trademarks, service marks, patents, rights of publicity, and clearances from and/or for featured individuals, branding, and locations.
Copyright, Licenses and Idea Submissions
You hereby grant a worldwide, non-exclusive, royalty-free, license to distribute the Licensed Content and the Licensed Material in connection with the Site and/or A-M-I products and/or services, to third-party web sites and services You choose in any media formats and through any media channels. A-M-I may modify the Licensed Content and Licensed Materials as necessary to fit the format and file size specifications of the third-party web sites.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is A-M-I, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to A-M-I a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any areas of the Site by all means and in any media now known or hereafter developed. You also grant to A-M-I the right to use your name in connection with the Licensed Content and Licensed Materials, the submitted comments and other information as well as in connection with all A-M-I advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against A-M-I for any alleged or actual infringement or misappropriation of any proprietary right.
Trademarks
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of A-M-I. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of Products and Services
You understand that, except for information, products or services clearly identified as being supplied by A-M-I , A-M-I does not operate, control or endorse any information, products or services on the Internet in any way. Except for A-M-I identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with A-M-I.
You also understand that A-M-I can not and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Disclaimers
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET. A-M-I PROVIDE RELATED INFORMATION "AS IS" AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO A-M-I , ANY MERCHANDISE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH A-M-I OR ON THE INTERNET GENERALLY, AND A-M-I SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTIONS. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH A-M-I OR ON THE INTERNET GENERALLY. A-M-I DOES NOT WARRANT THAT A-M-I PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN A-M-I WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. A-M-I HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability
IN NO EVENT SHALL A-M-I , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF A-M-I OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME AREAS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH AREAS, A-M-I'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT A-M-I SHALL NOT BE LIABLE FOR ANY USER SUBMITTED CONTENT TO A-M-I 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. YOU AND A-M-I AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Site is controlled and offered by A-M-I from its facilities in England. A-M-I make no representations that the Site is appropriate or available for use in other locations. If You access or use the Site from other jurisdictions, then You do so at your own volition and You are responsible for compliance with local law.
A-M-I, makes no representations whatsoever about any other web site which you may access through the Site or which may link to the Site. When you access a non- A-M-I web site, You acknowledge that it is independent from A-M-I, and that A-M-I have no control over the content on that web site. In addition, a link to the Site does not mean that A-M-I endorse or accept any responsibility for the content, or the use, of such web site.
Your Representations and Warranties
You represent and warrant that: (a) You have the right, power and authority to enter into this Agreement and fully perform its obligations hereunder; (b) the making of this Agreement does not and will not conflict with any agreement existing between You and any other party; (c) You own or have all necessary licenses, rights, consents, and permissions to use and authorize A-M-I to use all copyrights, trademarks, trade secrets, rights of publicity, patents and other proprietary rights in and to the Licensed Material and/or Licensed Content to enable the use of the the Licensed Material and/or Licensed Content in the manner contemplated by this Agreement; (d) You have the written consent, release, and/or permission of each and every identifiable individual person in the the Licensed Material and/or Licensed Content to use the name or likeness of each and every such identifiable individual person to enable the use of the the Licensed Material and/or Licensed Content in the manner contemplated by this Agreement; (e) the the Licensed Material and/or Licensed Content does not contain any unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material; (f) the the Licensed Material and/or Licensed Content and Your the Licensed Material and/or Licensed Content will not infringe upon or otherwise violate any intellectual property, privacy, publicity or other right of any third party; and (g) You will be solely responsible for paying any royalties or other amounts that may be come due to artists, record labels, producers, actors, union trust funds, music publishers and all other rights holders from exploitation of the the Licensed Material and/or Licensed Content.
Indemnification
You agree to indemnify, defend and hold harmless A-M-I, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against any and all claims, losses, liabilities, obligations, expenses, damages, debts and costs, (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Site; (b) violation of any term of this Agreement (including negligent or wrongful conduct) by You or any other person accessing the Site; (c) breach of any representation or warranty made by You or failure to perform any obligation assumed by You under this Agreement; (d) violation of any third party right, including without limitation any intellectual property or privacy right, by You; (e) any claim that the Licensed Material and/or Licensed Content caused damage to a third party; or (f) any violation of laws, statutes, rules and/or regulations by You relating to your performance and/or the discharge of your obligations and duties as set forth in this Agreement. This defence and indemnification obligation will survive this Agreement and your use of the Site.
Third Party Rights
The provisions of paragraphs above are for the benefit of A-M-I and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to A-M-I . Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf.
Objectionable Materials
Certain videos or other material dealing with pornography, illegal activities of any kind, occult, hate, and racism may not be promoted through any A-M-I services. A-M-I reserves the rights to make the final decision as to what is appropriate. Violators may be terminated without notice.
Term, Termination
The license granted herein will remain in effect until such time as either party terminates the Agreement, which either party may do at any time by notifying the other party in writing with fourteen (14) days advance notice. A-M-I has the right to terminate the Agreement immediately without written notice to You if we discover you have violated the terms of the Agreement. The provisions of paragraphs above shall survive any termination of this Agreement. A-M-I reserves the right to amend this Agreement at any time without notice.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of England applicable to agreements made and to be performed in the United Kingdom. You agree that any legal action or proceeding between A-M-I and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in England. Any cause of action or claim you may have with respect to products or services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. A-M-I’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and A-M-I’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. A-M-I may assign its rights and duties under this Agreement to any party at any time without notice to you.
In the event of a conflict between the Creative Commons Attribution License, the Ning Terms and this Agreement, this Agreement will control.
Any rights not expressly granted herein are reserved.
Advanced Marketing on the Internet Ltd
Contacting Advanced Marketing on the Internet Ltd / Internet-Experts-Live.com
Anyone with questions about any of the aforementioned statements may contact Advanced Marketing on the Internet Ltd / Internet-Experts-Live.com in the following ways:
Postal
Advanced Marketing on the Internet Ltd
Internet-Experts-Live.com
Cooper House, 2 Michael Road, London SW6 2AD
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