ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a content website which has the following description:
T2Clips.com develops short (~2 minutes long) comedic videos that address current events. Each video is followed by a survey, the results of which are posted real-time, so that users can get a sense of public opinion regarding various topics.
The purpose is to show how our own perspectives are rarely unanimously accepted and that every event will yield disparate views and perspectives, each with some merit.
Any and all visitors to our site, regardless of whether or not they are registered, shall be deemed as "Users" of the herein contained Services provided for the purpose of this TOU. Once an individual registers for our Services through the process of creating an account, the User shall then be considered a "Member."
The User and/or Member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of T2 Media Inc. At its discretion, T2 Media Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. T2 Media Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end User and/or Member, acknowledge, accept and agree that T2 Media Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the User and/or Member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such T2 Media Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a Member of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual who has been previously barred from receiving T2 Clips' Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, T2 Clips may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. Once you register with T2 Clips and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If a Member knowingly provides any information of a false, untrue, inaccurate or incomplete nature, T2 Media Inc. will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of T2 Media Inc. Services, or any portion thereof.
It is T2 Media Inc.'s priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. Therefore, parents of any child under the age of 13 who permit their child or children to access T2 Clips website platform Services must create a "Family Account,” which will certify that the individual creating the Family Account is at least 18 years of age and the parent or legal guardian of a child or children registered under the Family Account. As the creator of the Family Account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission by any user(s) who access your account information that, if undertaken by you, would be deemed a violation of the TOU. It shall be your responsibility to notify T2 Media Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. T2 Media Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOU.
As a User or Member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services of T2 Clips, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by T2 Clips.
Furthermore, you herein agree not to make use of T2 Media Inc.'s Services for the purpose of:
T2 Media Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOU or which would otherwise be considered offensive to other visitors, Users and/or Members.
T2 Media Inc. herein reserves the right to access, preserve and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
T2 Media Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by T2 Media Inc. or any other content providers supplying content services to T2 Media Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
CONTRIBUTIONS TO COMPANY WEBSITE
T2 Media Inc. provides an area for our Users and Members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
All Users and/or Members herein agree to ensure and hold T2 Media Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless and not liable for any claim or demand, which may include, but is not limited to, attorney fees which may arise from any content resulting from a Contribution of a Member or User.
COMMERCIAL REUSE OF SERVICES
The Member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to T2 Media Inc.'s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that T2 Media Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by T2 Media Inc., nor the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on T2 Media Inc.'s servers on the Member's behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. In addition, you also agree that T2 Media Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, T2 Media Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
T2 Media Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Member of T2Clips.com, you may cancel or terminate your account, associated email address and/or access to our Services by opting to cancel your membership from your T2clips.com account page. submitting a cancellation or termination request to T2Clips.com.
As a Member, you agree that T2 Media Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuance, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account and/or access to any of our Services.
The termination of your account with T2Clips.com shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that T2 Media Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a result, directly or indirectly, of any such dealings or the presence of such advertisers on our website.
Either T2 Media Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse and are not responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that T2 Media Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of, or the reliance on, any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that T2 Media Inc.'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by T2 Media Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on T2 Media Inc. Services (e.g. Content or Software), in whole or in part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT T2 MEDIA INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event you have a dispute, you agree to release T2 Media Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOU, that there shall be no third-party beneficiaries to this agreement.
T2 Media Inc. may furnish you with notices, including those with regards to any changes to the TOU, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOU by accessing our Services in an unauthorized manner. Your acceptance of this TOU constitutes your agreement that you are deemed to have received any and all notices that would be delivered to a User who accesses our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the T2 Media Inc. trademarks, copyright, trade name, service marks, and other T2 Media Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of T2 Media Inc. You herein agree not to display and/or use in any manner the T2 Media Inc. logo or marks without obtaining T2 Media Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
T2 Media Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, T2 Media Inc. may disable and/or terminate the accounts of any User who violates our TOU and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
T2 Media Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
T2 Media Inc.
Attn: Copyright Agent
3680 Wilshire Blvd, Ste P04-1132
Los Angeles, California 90010
This TOU constitutes the entire agreement between you and T2 Media Inc. and shall govern the use of our Services, superseding any prior version of this TOU between you and us with respect to T2 Media Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other T2 Media Inc. Services, Affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and T2 Media Inc. with regard to the TOU that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOU, or the relationship between you and T2 Media Inc., shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and T2 Media Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should T2 Media Inc. fail to exercise or enforce any right or provision of the TOU, such failure shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of this TOU to T2 Media Inc. as follows:
T2 Media Inc.
3680 Wilshire Blvd, Ste P04-1132
Los Angeles, California 90010