. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date versionhttp://www.kcse.tv/terms.php). KCSE.TV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. KCSE.TV Website
3. KCSE.TV Accounts
A. In order to access some features of the Website, you will have to create a KCSE.TV account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify KCSE.TV immediately of any breach of security or unauthorized use of your account. B. Although KCSE.TV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KCSE.TV or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
KCSE.TV hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without KCSE.TV 's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to KCSE.TV 's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or KCSE.TV Content through any technology or means other than the video playback pages of the Website itself, the KCSE.TV Embeddable Player, or other explicitly authorized means KCSE.TV may designate.
D. You agree not to use the Website, including the KCSE.TV Embeddable Player for any commercial use, without the prior written authorization of KCSE.TV . Prohibited commercial uses include any of the following actions taken without KCSE.TV 's express approval.Sale of access to the Website or its related services (such as the Embeddable Player) on another website; use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the KCSE.TV website or any third-party website, targeted to the content of specific User Submissions or KCSE.TV content; and any use of the Website or its related services (such as the Embeddable player) that KCSE.TV finds, in its sole discretion, to use KCSE.TV 's resources or User Submissions with the effect of competing with or displacing the market for KCSE.TV , KCSE.TV content, or its User Submissions.
E. Prohibited commercial uses do not include:
uploading an original video to KCSE.TV , or maintaining an original channel on KCSE.TV , to promote your business or artistic enterprise; . using the Embeddable Player to show KCSE.TV videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with KCSE.TV ; . any use that KCSE.TV expressly authorizes in writing.
F. If you use the KCSE.TV Embeddable Player on your website, you must include a prominent link back to the KCSE.TV website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the KCSE.TV 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, KCSE.TV 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. KCSE.TV reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, KCSE.TV Community Guidelines, and all applicable local, national, and international laws and regulations. I. KCSE.TV reserves the right to discontinue any aspect of the KCSE.TV Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the KCSE.TV Website.
A. The content on the KCSE.TV Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to KCSE.TV , subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KCSE.TV reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely: for your information and personal use; as intended through the normal functionality of the KCSE.TV Service; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the KCSE.TV Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the KCSE.TV Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the KCSE.TV Service or otherwise as prohibited under this Agreement.
D. You may access KCSE.TV Content, User Submissions and other content only as permitted under this Agreement. KCSE.TV reserves all rights not expressly granted in and to the KCSE.TV Content and the KCSE.TV Service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the KCSE.TV Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KCSE.TV Website or the Content therein. G. You understand that when using the KCSE.TV Website, you will be exposed to User Submissions from a variety of sources, and that KCSE.TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KCSE.TV with respect thereto, and agree to indemnify and hold KCSE.TV , its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a KCSE.TV account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, KCSE.TV does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize KCSE.TV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to KCSE.TV , you hereby grant KCSE.TV a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KCSE.TV Website and KCSE.TV 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the KCSE.TV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KCSE.TV Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the KCSE.TV Service. You understand and agree, however, that KCSE.TV may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KCSE.TV all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the KCSE.TV Community Guidelines, which may be updated from time to time. F. KCSE.TV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KCSE.TV expressly disclaims any and all liability in connection with User Submissions. KCSE.TV does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KCSE.TV will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KCSE.TV reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. KCSE.TV will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. B. KCSE.TV reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KCSE.TV may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): · A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; · Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. KCSE.TV 's designated Copyright Agent to receive notifications of claimed infringement is: Lance Jackson, email: KC@KCSE.TV .com, fax: 856-692-0324. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KCSE.TV customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: . Your physical or electronic signature; . Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; . A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and . Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, KCSE.TV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KCSE.TV 's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE KCSE.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KCSE.TV , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KCSE.TV 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 KCSE.TV WEBSITE. KCSE.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KCSE.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KCSE.TV 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.
10. Limitation of Liability
IN NO EVENT SHALL KCSE.TV , 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 KCSE.TV WEBSITE, 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 APPLICABLE JURISDICTION.