Terms of Use / Privacy Policy |
Terms
& Conditions
Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy incorporated herein by reference, govern your access to and use of the Site, including any content, information products or services therein. This is a legal agreement between you and ShiaTV (ShiaTv.Net, ShiaTV.org) Your
Acceptance of These Terms and Conditions
By
visiting the ShiaTV website (collectively, including all Content available
through the ShiaTV domain name, the "ShiaTV Website", or "Website") and/or using
or accessing ShiaTV's service (the "Service") in any manner, and whether at the
ShiaTV website or through a third party website or other interface, you certify
that (a) you are at least 18 years of age, (b) if you are providing access to
the Service to any person who is under 13 years of age, you are such person's
parent or legal guardian and you consent to the use of the Service by such
person only under your direct supervision and subject to any reasonable
verification required by ShiaTV, and (c) you expressly agree to be bound by
these terms and conditions of service (these "Terms"). Your use of the Service
is expressly conditioned upon the certifications listed above and your
acceptance of these Terms. If the certifications above are not true, or if you
do not agree to any part of these Terms, you may not use the Service. ShiaTV
reserves the right to update and revise these Terms from time to time without
notice to or acceptance by you.
ShiaTV
Website Links
The
ShiaTV Website may contain/provide, or third parties may provide, links to other
websites or resources. ShiaTV has no control over such sites and resources and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. Therefore, you acknowledge and agree that ShiaTV is
not responsible for the availability of such external websites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such websites or resources. In
addition, you acknowledge and agree that ShiaTV shall have no responsibility or
liability whatsoever for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services
available on or through any such website or resource.
Content
You
acknowledge and agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages, goods, products, services or other
materials ("Content") are the sole responsibility of the person from which such
Content originated. You are entirely responsible for all Content that is
uploaded, posted, transmitted or otherwise made available via the Service by you
or through your account, if any. You understand that Content may in some cases
be viewed through third party websites or interfaces through which the Service
is accessed and/or used and that ShiaTV does not control such third party
websites and interfaces. You represent and warrant that you own or have the
necessary rights in and to any and all Content (including written consent for
each individual person identifiable in such Content to use the name or likeness
of each such person in the manner contemplated by the Service) uploaded, posted,
transmitted or otherwise made available via the Service by you. ShiaTV does not
control the Content posted via the Service and does not guarantee the accuracy,
integrity or quality of any such Content. ShiaTV will use commercially
reasonable efforts to block or remove offensive or inappropriate Content
discovered by or reported to ShiaTV. However, ShiaTV cannot and will not review
all Content, and you understand that by using the Service, you may be exposed to
Content that you find to be offensive. Under no circumstances will ShiaTV be
liable to you or to any third party in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of any access to or use of any Content
posted, transmitted or otherwise made available via the Service. You acknowledge
that ShiaTV is under no obligation to pre-screen or otherwise review any
Content, but also that ShiaTV and its designees shall have the right in their
sole discretion for any reason and without notice to refuse, move or remove and
discard any Content submitted, posted or otherwise available via the Service.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, and you shall not rely on the accuracy, completeness, usefulness or
nature of such Content. You acknowledge and agree that ShiaTV may preserve
Content and may also disclose Content to others if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of ShiaTV, its users and the
public. You understand that the technical processing and transmission of the
Service, including Content, may involve transmissions over various networks and
changes to conform and adapt to technical requirements of connecting networks or
devices.
License
to Content
ShiaTV
does not claim ownership of your Content posted, transmitted or otherwise made
available by you via the Service. By submitting Content via the Service, and
until such Content is removed, you grant ShiaTV a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish such Content
solely for the purpose of providing the Service.
Intellectual
Property Rights
You
acknowledge and agree that the Service and any software accessed through or
provided in connection with the Service contains proprietary and confidential
information of ShiaTV, its licensors and others that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in advertisements or information presented to you in
connection with or through the Service is protected by all ineternational and
local laws and regulations relating to copyrights, trademarks, service marks,
patents or other proprietary rights. Except as expressly authorized by ShiaTV or
its licensors or advertisers, as applicable, you agree not to modify, copy,
rent, lease, loan, sell, resell, distribute, create derivative works from, or
exploit the Service or such software, in whole or in part. Any Content or other
information, materials or ideas transmitted by you to ShiaTV may be disseminated
or used by ShiaTV or its affiliates for any purpose without compensation or
liability, including without limitation in developing, manufacturing, marketing
and selling products and services, subject to Content and certain other
information provided by you that is covered by ShiaTV's privacy policy. Further
if you download or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of the
ShiaTV Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the ShiaTV Website or the Content
therein
User
Submissions
A.
The ShiaTV Website may now or in the future permit the submission of videos or
other communications submitted by you and other users ("User Submissions") and
the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, ShiaTV does not
guarantee any confidentiality with respect to any 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: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ShiaTV 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; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ShiaTV, you hereby grant ShiaTV 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 ShiaTV Website and ShiaTV's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ShiaTV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ShiaTV Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the ShiaTV Website. C. In connection with User Submissions, you further agree that you will not: (i) 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 ShiaTV all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ShiaTV or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. ShiaTV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ShiaTV expressly disclaims any and all liability in connection with User Submissions. ShiaTV does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ShiaTV will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ShiaTV reserves the right to remove Content and User Submissions without prior notice. ShiaTV will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ShiaTV also 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. ShiaTV 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. D. In particular, 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 to us at >[email protected] E. You understand that when using the ShiaTV Website, you will be exposed to User Submissions from a variety of sources, and that ShiaTV 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 ShiaTV with respect thereto, and agree to indemnify and hold ShiaTV, 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. F. ShiaTV permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, ShiaTV provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the ShiaTV website on the pages containing the Embeddable Player. ShiaTV reserves the right to discontinue any aspect of the ShiaTV Website at any time. Impression
and Click Fraud
You
shall not, and shall not authorize any party to generate automated, fraudulent
or otherwise invalid impressions or clicks. If, in ShiaTV's reasonable business
judgment, activity related to your Account is suspected or determined to be
so-called "click-fraud" or "impression fraud" (the illicit manipulation of
advertising revenue), whether in any automated or human way, by the use of a
person, an automated script or a computer program (for example, online robots or
"bots") to click on a Site advertisements, or any other fraudulent means, to
increase impressions, skew results or imitate a legitimate user of a web browser
clicking on an ad for the purpose of generating an improper click value and
generating revenue, ShiaTV may suspend or otherwise disable your Account until
such time as the matter is resolved to ShiaTV's satisfaction. You acknowledge
that ShiaTV, or a third-party designated by ShiaTV, may use cookies to monitor
visitor information in order to track suspicious clicks through source and
behavior of the click traffic in accordance with the Privacy Policy. ShiaTV
retains the right not to credit your Account for those clicks that it reasonably
determines or suspects are fraudulent.
Indemnification
You
agree to defend, indemnify and hold harmless ShiaTV, its affiliates, 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: (a) your use of and access to the
Service; (b) your violation of any of these Terms; (c) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (d) any claim that any Content uploaded, posted, transmitted
or otherwise made available by you via the Service caused damage to a third
party. This defense and indemnification obligation will survive these Terms and
your use of the Service.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ShiaTV
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; (b) ShiaTV WILL MAKE REASONABLE
EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, ShiaTV IS NOT RESPONSIBLE FOR ANY
DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS
ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR
LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER
INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP
YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ShiaTV DOES NOT
WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE
CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR
CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation
of liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ShiaTV 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, LOSS OF REPORTED
EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ShiaTV HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS
OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES
RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain types of damages. Accordingly,
some of the above disclaimers and limitations may not apply to you.
Ability
to Accept Terms of Service
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 of Service, and to abide by and comply
with these Terms of Service. In any case, you affirm that you are over the age
of 13, as the ShiaTV Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the ShiaTV Website—there are lots
of other great web sites for you. Talk to your parents about what sites are
appropriate for you.
Assignment
These
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by ShiaTV without
restriction.
Contact us at [email protected] |