1. ENTIRE AGREEMENT.
This Agreement comprises the entire agreement between Member and TM and supersedes any and all prior agreements between the parties regarding the subject matter contained herein TM (including, but not limited to, any prior versions of this Agreement).
2. DESCRIPTION OF SERVICE.
TM provides each Member with various publishing, community and social networking services, including but not limited to the capability to post and share links, multimedia content and comments. Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE.
TM reserves the right to modify or discontinue the Services with or without notice to Member. TM shall not be liable to Member or any third party should TM exercise its right to modify or discontinue the Service. TM also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at http://beforeitsnews.com/terms/ and at https://seen.life/terms/. Member's continued use of the Services constitutes agreement by Member to abide and be bound by this Agreement and any modifications to this Agreement. If you do not agree to be bound by the modified Agreement, do not access or use the Services anymore.
5. CONTENT OWNERSHIP.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, any information or other materials that are posted, generated, provided or otherwise made available through the Services. “User Content” means any Content that a Member provides, transmits, publishes or otherwise enters into or makes available through the Services. Content includes without limitation User Content.
Unless stated otherwise on the TM website, Member will retain copyright ownership and all related rights for all User Content. Subject to the foregoing, TM and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You also agree not to use the TM name, Seen.life or Before It's News names in commercial activity without TM’s prior written consent.
In exchange for the Services, you hereby grant TM a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform all your User Content, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels without further permission or remuneration. You also hereby grant each user of the Service a royalty-free, non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the Service and under this Agreement. Members are not allowed to use the TM name in commercial activity without prior written consent of TM.
6. CONTENT RESPONSIBILITY.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by TM or other users of the Services on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You acknowledge and agree that TM neither endorses the User Content of any Member nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
This web site contains links to web sites maintained by third parties. Such links are provided for your convenience and reference only. TM does not operate or control in any respect any information, software, products or services available on such web sites. TM's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. If you decide to access other web sites, you do so at your own risk.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
7. MEMBER CONDUCT.
You understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such -User Content originated. This means that you, and not TM, are entirely responsible for all your User Content. TM does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable.
You agree to not use the Services to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, fraudulent, deceptive, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, -promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group including Falun Dafa or its practitioners, or is otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a TM official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that 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; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) access, tamper with, or use non-public areas of our Services, computer systems or technical delivery systems, (l) attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measure, (l) send any unsoliciated or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation, or (k) promote, encourage or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
8. PROMOTING PRODUCTS ON TM, Before It's News or Seen.Life.
If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service ("Product") sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that:
9. CONTENT SUBMITTED TO TM.
TM does not claim ownership of the Content or links you place on your TM site. TM may quote or reproduce your content (if you have made it public), in whole or in part, in order to promote your TM site and/or the TM Services. You acknowledge that TM does not pre-screen Content or links, but that TM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, TM and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
You agree to indemnify and hold TM, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Content or links, your access to or use of the Content or Services, your violation of the this Agreement, or your violation of any rights of another.
11. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
12. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
Once you become a member, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the user profile menu option); you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify TM of any unauthorized use of Member's account or any other breach of security known to Member.
You agree that TM, in its sole discretion, may terminate your password and use of the Services, and remove and discard any Content or link within the Services, for any reason, including, without limitation, for lack of use or if TM believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. TM may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that TM may immediately deactivate or delete your TM site and all related information and files in your TM site and/or bar any further access to such files or the Services. Further, you agree that TM shall not be liable to you or any third-party for any termination of your access to the Services.
14. ADVERTISEMENTS AND PROMOTIONS.
TM runs advertisements and promotions on TM sites. By creating your TM site, you agree that TM has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your TM site by any means. Doing so is grounds for immediate termination of the Services. The manner, mode and extent of advertising by TM on your TM site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
15. TM PROPRIETARY RIGHTS.
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES.
Member expressly agrees that use of the service is at member's sole risk. the service is provided on an "as is" and "as available" basis. TM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TM makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor makes any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the software will be corrected.
Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the services is done at member's own discretion and risk and that member will be solely responsible for any damage to member's computer system or loss of data that results from the download of such material and/or data. TM makes no warranty regarding any goods or services purchased or obtained through the services or any transactions entered into through the services.
No advice or information, whether oral or written, obtained by member from or through the services shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. LIMITATION OF LIABILITY.
TM shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services or resulting from unauthorized access to or alteration of member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, even if you or TM has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
In no event will TM’s total liability arising out of or in connection with this agreement or from the use of or inability to use the services or content exceed the amounts you have paid to client for use of the services or content or one hundred dollars ($100), if you have not had any payment obligations to client, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TM and you.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between bn and you.
18. STORAGE AND OTHER LIMITATIONS.
TM assumes no responsibility for the deletion or failure to store information entered into TM. TM retains the right, at TM's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of this Agreement and may terminate Services if a Member's conduct is found to be inconsistent with this Agreement.
All notices to a party shall be in writing and shall be made either via email or conventional mail. TM may distribute notices or messages through the Services to inform Member of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to Member.
20. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of this Agreement will cause such damage to TM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by TM in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of laws provisions.
22. DISPUTE RESOLUTION.
You and TM agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by TMding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and TM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TM otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the Section 3 above, if Client changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com or firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Client’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Client in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
23. GENERAL INFORMATION.
If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TM's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TM in writing. Member and TM agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If TM takes any action to enforce this Agreement, TM, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which TM may be entitled.
You may not assign or transfer this Agreement, by operation of law or otherwise, without TM’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. TM may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will inure to the benefit of the parties, their successors and permitted assigns.
26. COPYRIGHT AND TRADEMARK.
TM respects copyright law and expects its users to do the same. It is TM’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at http://video.beforeitsnews.com/pages/copyright.html, for further information.
Web site copyright notice: Copyright (c) 2016 Temporal Media, Inc.. All rights reserved.
This web site is the copyrighted property of TM and various third party providers and distributors ("Suppliers").
Before It's News, BeforeItsNews.com are service marks of TM. Seen and Seen.Life are service marks of TM. Other product, service and company names used on this web site are registered and common law trademarks of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.
27. NOTICE OF INFRINGEMENT.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this web site, please write to BINTM at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the Content or links on this web site that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. Subject to TM's investigation and review of such claim, TM will remove any Content or links on this web site that infringe the copyright or other intellectual property right of any person under United States law upon receipt of such a statement. Statements of infringement under this section should be submitted to Legal, Temporal Media, Inc., 775 E. Blithedale Ave. #362, Mill Valley, CA 94941, U.S.A.