Welcome to SciVee.tv (the "Web Site"), a Web Site owned and operated by SciVee, Inc. ("SciVee").
The following is an agreement between you and SciVee which governs the use of this Web Site and any web page which is a part of this Web Site and your purchase of any product or service through the use of this Web Site.
- 1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEB SITE OR UPLOAD OR DOWNLOAD ANY VIDEO OR OTHER MATERIAL TO OR FROM THIS WEB SITE. THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND PROVISIONS REGARDING WHERE A LAWSUIT MAY BE BROUGHT.
- 2. CHANGES TO TERMS
SciVee may, in its sole discretion, modify, amend or revise these Terms and any other Web Site policies at any time, and you agree to be bound by such modifications or revisions. Although SciVee may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at http://www.scivee.tv/terms_of_use. Your use of the Web Site after such modification, amendments or revisions, whether or not you have been notified of the same, constitutes your acceptance of the revised terms.
3. APPLICATION OF TERMS
These Terms apply to all users of this Web Site, including, but not limited to, users who are visiting the Web Site and downloading or viewing pubcasts or videos, users that publish or upload video, pubcasts or other materials, and participants in our various communities.
- 4. SCIVEE ACCOUNTS
You may be required to set up an account to use certain of the features or services on the Web Site. You agree to provide accurate and complete information when setting up that account. You will be provided a login id and password when you have registered your account. You are solely responsible for maintaining the confidentiality and security of that login id and password and for all activity on your account. You are required to notify us immediately if there has been any unauthorized use or access of your account. You should never access any other person's SciVee account without their permission.
5. THIRD PARTY WEBSITES
- 6. YOUR USER SUBMISSIONS
- A. As a SciVee account holder, you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to herein as the "User Submissions." You understand that whether or not such User Submissions are published, SciVee does not guarantee any confidentiality with respect to any User Submissions.
- B. When you upload or publish User Submissions on the Web Site, you agree that you are licensing the User Submissions to any user of our Web Site under the Creative Commons Attribution 3.0 License. Pubcast creators agree that the pubcasts that they create on this site are licensed to any user of our website under the Creative Commons Attribution 3.0 License. You further grant to SciVee 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 Web Site and SciVee's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SciVee Web Site (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed. You specifically agree that SciVee shall have the right to edit or modify any User Videos or User Comments as SciVee deems appropriate in its sole discretion to fit the format or other requirements of the Web Site.
- C. By submitting a User Submission for inclusion, use or distribution on this Web Site, you warrant, represent, and agree that (a) you have the authority to grant the rights to such User Submission which are being granted hereunder; (b) you own and/or control all rights in and to such User Submission; (c) that the User Submission will not violate any copyright, trademark, trade secret, patent or other proprietary or intellectual property right of any third party; (d) if you have uploaded a User Video for a pubcast, you agree to the best of your ability that it is a true representation of the paper to which it refers; (e) that any User Submission or other content that you upload, post, transmit or otherwise make available on the Web Site will not contain any viruses or any other destructive or malicious files or programs; and (f) that any User Submission or other content that you upload, post, transmit or otherwise make available on the Web Site will not contain any defamatory, obscene, libelous, threatening, unlawful, invasive of another's privacy, hateful, or otherwise objectionable matter, or any material that would or could cause harm to minors or animals in any way.
- D. SciVee neither endorses or assumes any responsibility for any User Submission or any of its contents. Any opinions, findings, and conclusions or recommendations expressed in any upload, post, transmit or otherwise made available material including all files types uploaded on the Web Site are those of the author(s) and do not necessarily reflect the views of SciVee. SciVee neither assumes, has, nor will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent, trade secret or other proprietary rights or any other claims, costs, and damages arising from SciVee's inclusion, use or distribution of any User Submission or other content submitted by you.
- E. SciVee reserves the right, in its sole discretion, with or without cause, to remove any User Submission without prior notice.
- F. SciVee requires that all User Submissions on the Web Site contain scientific experiments and research content leading to specific experimental results and that all User Submissions not violate US or internationally-accepted ethical standards. All registered members of SciVee are required to be considerate of the textual content that they upload including descriptions of videos, commentary, and private messaging. In addition, SciVee requires that all video descriptions, commentary, and private messaging not be an advertisement for any company, products or services. SciVee reserves the right, in its sole discretion, to remove any materials not deemed to meet these standards. If you have a concern about the appropriateness of your video content, please contact us prior to uploading.
7. GENERAL USE OF THE WEBSITE -- PERMISSIONS AND RESTRICTIONS
If you are a visitor or user of the Web Site, SciVee hereby grants you non-exclusive, non-transferable permission to access and use the Web Site for your personal educational purposes only, provided that you agree to the following restrictions:
The following shall not be considered prohibited uses:
- A. not to engage in the use, copying, or distribution of any of the User Submissions or any other content on the Web Site other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Web Site for any commercial purposes; Prohibited uses include, but are not limited to, the following:
1. selling access to the Web Site, its content or its related services, including the SciVee embedded player on another website;
2. using the Web Site, its content or its related services, including the SciVee embedded player, primarily for the purpose of gaining advertising or subscription revenue;
3. selling advertising on any third-party website targeted to SciVee content; and
4. using the Web Site or its related services, including the SciVee embedded player, in any way that SciVee determines, in its sole discretion, uses SciVee's content, resources or User Submissions to compete with or displace the market for SciVee, SciVee content, or its User Submissions.
- B. not to alter or modify any part of the Web Site;
- C. not to charge for access to the Web Site or any of its related services on another website;
- D. not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web Site in a manner that sends more request messages to the SciVee 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;
- E. not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any User Submission or enforce limitations on use of the Web Site or use of any User Submission; and
- F. to otherwise comply with these Terms, SciVee community guidelines, and all applicable local, national, and international laws and regulations.
You further understand and acknowledge that you may be exposed to User Submissions that are infringing, 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 SciVee with respect thereto, and agree to indemnify and hold SciVee, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Web Site.
SciVee reserves all rights not expressly granted in and to the Web Site and any content contained thereon.
- 1. uploading an original video to SciVee, or maintaining an original channel on SciVee, for educational purposes;
- 2. any use that SciVee expressly authorizes in writing.
8. ACCOUNT TERMINATION POLICY
SciVee reserves the right to determine, in its sole discretion, whether or not any user of the Web Site is in violation of the Terms or any other policies of the Web Site, or whether any User Submission is appropriate and complies with these Terms. In addition to any other rights or remedies SciVee may have at law or equity, SciVee may remove such User Submissions and/or terminate a User's access for any violation of these Terms at any time, without prior notice and at its sole discretion.
9. REFUND AND CANCELLATION POLICY
SciVee provides instant access to products and services purchased. In addition, SciVee also sends a confirmation email that provides a link to products and services purchased. If a user can prove that there were reasons why they could not gain access to purchased products or services within 72-hours of purchase, the user can cancel their order and will be eligible for a full refund. In order to qualify for a refund, the user must inform us within 36-hours of purchase that they cannot access the products or services so that SciVee can attempt to resolve the situation within the 72-hour window. The user should contact SciVee using email@example.com and include full name and order number if known.
- 10. DIGITAL MILLENNIUM COPYRIGHT ACT
SciVee recognizes and respects the importance of intellectual property rights and endeavors to take reasonable steps to protect the intellectual property rights of others. SciVee's policy is to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").
- A. Contents of Notice
If you believe that this Web Site, any User Submission or other content on this Web Site, any software utilized on this Web Site, or any service or product available for use or sale through this Web Site constitutes an infringement of your copyright, trademark, patent, trade secret or other proprietary or contractual rights, please advise SciVee immediately by sending written notice specifying all elements of your claim of infringement to:
PO Box 1304
Solana Beach, CA 92075
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the complainant must:
- 1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
- 2. Describe the material that is claimed to be infringing and provide sufficient information to permit SciVee to locate that material.
- 3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- 4. Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- 5. Certify that the information that you have provided SciVee is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed.
- 6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
Before the complainant alleges an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, athttp://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
- B. Notice, Takedown, and Putback Procedure
SciVee expects all users of its system to comply with applicable copyright laws. However, if SciVee is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. SciVee will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.
- C. Repeat Infringers
SciVee will terminate a user's access to its Web Site if, under appropriate circumstances, they are determined to be a repeat infringer
- 11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCIVEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF.
ALL USER SUBMISSIONS ARE PROVIDED ON AN "AS-IS" BASIS. SCIVEE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER SUBMISSION OR ANY OTHER CONTENT ON THE WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN ANY USER SUBMISSION OR ANY OTHER WEB SITE CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEB SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY USER SUBMISSION OR THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SCIVEE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL SCIVEE, 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 ANY USER SUBMISSION OR OTHER CONTENT ON THE WEB SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SCIVEE 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 THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT SCIVEE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 agree to defend, indemnify and hold harmless SciVee, 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 Web Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret, patent, or any other property, intellectual property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Web Site.
- 14. GENERAL
- A. You 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, and to abide by and comply with these Terms.
- B. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SciVee without restriction. No third party beneficiary rights are conferred by the Terms.
- C. You agree that: (i) the Web Site shall be deemed solely based in California; and (ii) the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over SciVee, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and SciVee that arises in whole or in part from the Web Site shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.
- D. The Web Site is controlled and offered by SciVee from its facilities in the United States of America. SciVee makes no representations that the Web Site is appropriate or available for use in other locations. Those who access or use the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law
- F. If any provision of these Terms 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, which shall remain in full force and effect.
- G. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and SciVee's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.