You freetards, led by The Masnick, are taking undue credit for doing nothing. Nothing! While The Masnick inflates himself and proclaims that "I alone stood at the Gates of Mordor to battle the evil MPAA/RIAA," humble Red State meekly points out that the Freetards and Libtard have done nothing... NOTHING... to stop this scourge of a bill. No, instead as Red State humbly observes it was their postulation of primary challenges that single-handedly... SINGLE-HANDEDLY... ended the Red Menace of SOPA.
This is a call back to the Comment of the Week™ where a person asked why Reddit cares about SOPA when it (falsely) claims to only effects foreign sites.
No matter what they say, no matter what they claim, it's clear that Dr. King's heirs are more concerned with profiting from his vision that expanding the reach of his vision. That Eyes on the Prize has been virtually sent down the memory is but the most egregious example. More pernicious are the thousands of documentaries that can't be made due to the Chilling Effects of harmful copyright laws that threaten bankruptcy on any organ that funds or creates non fiction accounts of our country's history.
Even though the use of these clips is almost certainly Fair Use under any rational adjudication, threats of fines in the tens of millions have forced producers to grovel at the feet of lazy heirs that seek only to extract monopoly rents for history that belongs to all of us, equally.
That Dr. King's heirs claim to protect his legacy while selling clips of his famous speech for wireless ads while documentaries and news programs that seek to educate the nation's citizens are forced to do without is beyond shameful. That his greedy heirs seek to monetize the holiday created for one of our nation's true giants harms not only the memory of a great man but also impugns the holiday in his honor. Instead of all being able to celebrate his legacy as Dr. King would have no doubt wanted, the misguided heirs have set up toll booths and diminished Dr. King's legacy as his words no longer ring out from mountaintops.
Free at last. Free at last. When the public domain returns, Dr. King will be free at last.
They are a member of ESA, and the membership obviously decides on the ESA stance on SOPA. Did they support or oppose ESA's stance on SOPA? Simple question, why such a complicated answer?
When I saw the headline, I thought it might have more to do with GoDaddy's cover their ass, screw their customers first policy to dealing with DMCA infringements. With all the bogus DMCA notifications being sent, and Go Daddy's overzealous response (which typically pulls down an entire domain for a single alleged infringement before notifying the customer), I figure it's just a matter of time before some SOPA or PIPA supporting politician sees their campaign website disappear.
Then again, it's probably happened already. Dirty tricks by politicians is the oldest trick in the book-- I know Talking Points Memo has been targeted in the past for highlighting regrettable comments caught on film.
She has been legendarily out of touch with the citizens of California for more than a decade. Washington insider is probably too kind, she's more of a creation of the corporate lobbies.
I am a Democrat, and I look forward to supporting every candidate that challenges the overstayed Senator-- with my vote, financially and even volunteer wise.
My comment to NY Times, 3+ hours in moderation queue
'tis a whole 'nother rant. Here's what I (tried) to post.
-----------------------
That's simply stunning, for a New York Times reporter to regurgitate as fact the propaganda espoused by the MPAA and RIAA. Specifically this, "The proposed bills are intended to combat foreign-based Web sites that traffic in stolen copyrighted content by forcing sites that assist them through searches, payments or other means to sever those connections." I would expect a writer for this publication would be familiar with the proposed law and know that the law is not restricted to foreign websites.
And how does it propose to restrict access? Why, by having the government mandate censorship, and by making all sites that allow user generated content subject to massive secondary liability claims.
It's a bit disturbing that it's claimed and reported so matter of factly that the MPAA is re-writing this bill. That's not government by, for and of the people. Rather, it's by, for and of the corporate interests. The credulity of this report is even more shocking since the New York Times and many other mainstream news sites have recognized the danger the bill poses to open expression and freedom of creativity.
But the biggest laugher is the claim that Google is trying to "gin up" opposition to the bill with spurious claims. That's a lot of chutzpah from an organization that routinely claims movie piracy harms corn farmers, soldiers serving overseas and the US economy itself! It's like living in some sort of fantasy world.
It's no wonder that the MPAA propaganda tries to use true problems like counterfeit drugs with in order to enable massive government censorship intended solely to save them from adapting their Buggy Whip business model. They put forward blue collar workers decrying lost jobs while executives collect $75 million bonuses and lobbyists earn millions a year for successfully buying off Congress for a full generation to date.
It ends now. SOPA and its cousins are disastrous and should simply not be passed in any form.
It's in the moderation queue. The New York Times isn't a big fan of real-time conversations in their comments section. I'm sure it will be posted, wish I could fix the typo in the last full paragraph.
That's simply stunning, for a New York Times reporter to regurgitate as fact the propaganda espoused by the MPAA and RIAA. Specifically this, "The proposed bills are intended to combat foreign-based Web sites that traffic in stolen copyrighted content by forcing sites that assist them through searches, payments or other means to sever those connections." I would expect a writer for this publication would be familiar with the proposed law and know that the law is not restricted to foreign websites.
And how does it propose to restrict access? Why, by having the government mandate censorship, and by making all sites that allow user generated content subject to massive secondary liability claims.
It's a bit disturbing that it's claimed and reported so matter of factly that the MPAA is re-writing this bill. That's not government by, for and of the people. Rather, it's by, for and of the corporate interests. The credulity of this report is even more shocking since the New York Times and many other mainstream news sites have recognized the danger the bill poses to open expression and freedom of creativity.
But the biggest laugher is the claim that Google is trying to "gin up" opposition to the bill with spurious claims. That's a lot of chutzpah from an organization that routinely claims movie piracy harms corn farmers, soldiers serving overseas and the US economy itself! It's like living in some sort of fantasy world.
It's no wonder that the MPAA propaganda tries to use true problems like counterfeit drugs with in order to enable massive government censorship intended solely to save them from adapting their Buggy Whip business model. They put forward blue collar workers decrying lost jobs while executives collect $75 million bonuses and lobbyists earn millions a year for successfully buying off Congress for a full generation to date.
It ends now. SOPA and its cousins are disastrous and should simply not be passed in any form.
The original recordings have been out of copyright for many years. However, the transfers of these recordings are still in copyright. I am extremely grateful to the Edison National Historic Site, National Park Service, U.S. Department of the Interior, in New Jersey for sending me not only copies of the recordings, but also some research into them which had already been carried out. The copyright in the original transfers belongs to the Edison National Historic Site. I have carried out some limited audio processing on the original transfers to improve the audibility of the performance. The copyright in this audio processing belongs to the owner of this website.
I don't think there's a better encapsulation of the absurd lengths copyright maximalists will go to remove historical works from the public domain. I know there's case law that basically says you aren't granted a new copyright for engaging in a simple transfer or non-creative clean up (removing scratches from paintings or music). Yet the copyfraud continues. Make it stop.
Most journals do not want the authors to publish their work online. So it's likely this is an attempt to mollify the journal but claiming that no one but the author & the few people he sends it to will see it.
It's silly & unenforceable, but would make a little bit of sense from the point of view of the author trying to satisfy his publisher while posting his work.
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Acceptance of UltraViolet Terms of Use
Changes to UltraViolet and the UltraViolet Terms of Use
Jurisdictional Issues
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Parental Controls
Confidentiality and Passwords
Privacy Policy
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Streaming UltraViolet Content
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use UltraViolet, in whole or in part, in violation of any applicable law or regulation.
IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF ULTRAVIOLET, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.
Intellectual Property Matters
As between you and DECE, other than the rights you have obtained with respect to UltraViolet content, DECE owns, solely and exclusively, all rights, title and interest in and to UltraViolet and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof , including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the “UltraViolet Service Material”). Your use of UltraViolet does not grant to you ownership or title of, in or to any UltraViolet Service Material, UltraViolet content or any other part of UltraViolet. UltraViolet, the UltraViolet Service Material and the UltraViolet content are for your personal and non-commercial use only. You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through UltraViolet or the UltraViolet Service Material, without the express written consent of DECE. In particular, you are not permitted to republish any part of UltraViolet on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without DECE’s prior written permission. The creation and use of an UltraViolet Account, Member or display name in connection with UltraViolet does not grant you any intellectual property or other rights therein. DECE reserves all rights in all UltraViolet Account, Member and display names and may require UltraViolet Account, Member or display names to be changed.
Your rights with respect to any specific UltraViolet content are established by the retailer from which you obtained such rights and are subject to the limitations imposed by copyright holders and other third parties. When you obtain rights to UltraViolet content, that UltraViolet content remains subject to the intellectual property rights of the copyright owner and other third parties. The UltraViolet content is being licensed and not sold to you. You may only use the UltraViolet content for your personal and non-commercial use and as expressly authorized by the copyright owner and other third parties, including the applicable retailer.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with UltraViolet are proprietary to DECE and other third parties. Nothing contained in or provided through UltraViolet should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without DECE’s written permission or that of the third-party rights holder.
Communications
From time to time we may need to get in touch with you regarding UltraViolet and your use thereof. You consent to receive communications from DECE electronically. You agree that all disclosures, notices, agreements, and other communications you receive from DECE electronically satisfy any legal requirement for such communications to be in writing. DECE does not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, garbled, lost, or not received.
Submissions
You may have an opportunity to submit comments to DECE or post information and materials on the UltraViolet Website. Any information, ideas or materials you elect to send or post, directly or indirectly by email, or in any other way (“Submissions”) will be deemed not to be confidential or secret, to have been deliberately and voluntarily made public by you and may be used by DECE and its designees at DECE’s sole discretion in any manner. Furthermore:
you grant DECE a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sublicensable right and license to use, reproduce, modify, translate, edit, distribute, create derivative works from, publish, perform, display, translate, syndicate, sub-license and transmit the whole or any part of your Submissions (including without limitation any of the information, details, ideas, concepts and/or formats and all intellectual property rights contained within it) in any manner and in any format, media and/or technology now know or later developed (including, without limitation, archiving and making such material available on UltraViolet);
you represent and warrant that the Submissions are original to you, that no other party has any rights thereto and to the extent permissible by law, you waive all moral rights subsisting in your Submissions anywhere in the world;
you agree that publication of your Submissions by us will be at our sole discretion and we reserve the right (but not the obligation) to edit or otherwise amend such materials prior to publication, and you accept that we are under no obligation to publish your Submissions if we in our sole discretion decide not to;
you agree that we may (at our sole discretion) disclose your identity to any third party who is claiming that any Submissions sent by you are defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), or otherwise in breach of or violate any applicable law, regulation or code of practice;
you warrant that your Submissions are not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violate any applicable law, regulation or code of practice and understand that DECE reserves the right at all times to edit, refuse to post or to remove any Submissions.
DECE DOES NOT ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMISSIONS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND DECE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMISSIONS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH ULTRAVIOLET CREATED OR PROVIDED BY MEMBERS OR OTHER THIRD PARTIES. DECE HAS NO RESPONSIBILITY TO MAINTAIN ANY SUBMISSION AND MAY DELETE OR DESTROY ANY SUBMISSION AT ANY TIME.
Right to Monitor and Editorial Control
Although initially UltraViolet does not permit individuals to post any information or materials, DECE reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials submitted to or through UltraViolet if and when such functionality is enabled; however, it is DECE’s policy not to monitor such materials.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ULTRAVIOLET, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, USER INTERFACES, AND MATERIALS THEREOF OR OTHERWISE AVAILABLE ON OR THROUGH ULTRAVIOLET, ARE PROVIDED "AS IS," "AS AVAILABLE,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (c) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (d) THAT ULTRAVIOLET OR ANY ULTRAVIOLET SERVICE MATERIAL WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (f) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH ULTRAVIOLET WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, (g) THAT ULTRAVIOLET, IN WHOLE OR IN PART, WILL MEET MEMBERS’ REQUIREMENTS, (h) THAT ANY PARTICULAR THIRD PARTY SITES, PRODUCTS AND SERVICES WILL WORK WITH ULTRAVIOLET OR (i) THAT YOUR USE OF ULTRAVIOLET WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. DECE, ITS AFFILIATES, MEMBERS, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “DECE ENTITIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE DECE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, ULTRAVIOLET DEVICE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF ULTRAVIOLET OR YOUR DOWNLOADING, STREAMING, OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO ULTRAVIOLET. YOUR ACCESS TO AND USE OF ULTRAVIOLET IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ULTRAVIOLET, YOU SHOULD DISCONTINUE USING ULTRAVIOLET.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY DECE ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, ULTRAVIOLET OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY ULTRAVIOLET CONTENT OR ANY THIRD PARTY SITES, PRODUCTS AND SERVICES EVEN IF SUCH DECE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE DECE ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST MEMBERS AND/OR WITH THIRD PARTIES FROM WHOM ULTRAVIOLET CONTENT IS ACQUIRED OR CONSUMED, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY MEMBER OR OTHER PERSON ON OR THROUGH ULTRAVIOLET. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK GIVEN THAT ULTRAVIOLET IS FREE TO MEMBERS, AND (II) DECE WOULD NOT HAVE ALLOWED YOU ACCESS TO ULTRAVIOLET OR TO BECOME A MEMBER WITHOUT THESE LIMITATIONS ON LIABILITY. NOTHING IN THE ULTRAVIOLET TERMS OF USE SHALL ACT TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY (WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW) OR OTHER TYPES OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW
Indemnification
You agree to defend, indemnify and hold DECE, its affiliates, members, contractors and licensors and each of their respective officers, directors, employees, agents and representatives harmless from and against any and all claims, liabilities, suits, losses, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of UltraViolet, (ii) your Submissions, in whole or in part, (iii) your failure to comply with any applicable laws or regulations, or (iv) your breach or violation of the UltraViolet Terms of Use. DECE reserves the right, at DECE’s own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.
Third Parties
DECE may exercise any of its rights hereunder and/or perform any of its obligations directly or through third parties. Any rights granted to DECE, including any releases from or limitations on liability, extend equally to third parties acting on DECE’s behalf.
Claims of Copyright Infringement
DECE respects the intellectual property rights of others, and requires that the individuals who use UltraViolet do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DECE’s copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the owner's behalf.
Please be advised that in accordance with the DMCA and other applicable law, DECE has adopted a policy of terminating, in appropriate circumstances, the UltraViolet Accounts of Members who are deemed to be repeat infringers of the intellectual property rights of others.
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE (BY YOUR ACCEPTANCE OF THE ULTRAVIOLET TERMS OF USE AND/OR YOUR ACCESS OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET WEBSITE) TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim, dispute, action or proceeding relating to Ultraviolet or the UltraViolet Terms of Use (a “Claim”), will be resolved as follows:
1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a “Notice”) by first class United States mail to DECE at:
Sheriese Rush
DECE Administration
1807 Santa Rita Road
Suite D235
Pleasanton, CA 94566
Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the email address on file with us.
2. Formal Resolution: If we cannot resolve a Claim informally, including any Claim between us (and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not party to the Ultraviolet Terms of Use), whether related to the Ultraviolet Terms of Use or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the provisions set forth in this “Resolving Disputes” section of the Terms of Use and the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, except to the extent such rules and procedures may modified by this section of the Terms of Use, and the parties agree that the arbitration shall be administered by AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:
American Arbitration Association
1633 Broadway, 10th Floor New York, New York 10019
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
3. Small Claims: Instead of proceeding to arbitration, you have the option to pursue a Claim in small claims court (or the equivalent) so long as (1) the Claim remains in that court, and (2) is made solely on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
4. Cost Sharing. Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable arbitration rules. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
5. Class Actions and Severability: If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The parties to the Ultraviolet Terms of Use acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the Ultraviolet Terms of Use to arbitrate Claims. 'Claim' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. If this entire agreement to arbitrate shall be null and void, then the parties agree that any Actions shall be commenced and heard in the appropriate court in New Castle County, Delaware. You agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County in the State of Delaware.
6. Binding Effect; Governing Law: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction. The UltraViolet Terms of Use and the relationship between you and DECE shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
7. Exception. Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration.
8. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY LAW OR REGULATION TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ULTRAVIOLET OR THE ULTRAVIOLET TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Entire Agreement; Interpretation. The UltraViolet Terms of Use (including all policies and documents incorporated herein by reference) represents the entire agreement between you and DECE and supersedes any proposal, or prior or contemporaneous, agreement, oral or written, and any other communications relating to the subject matter of this agreement. The invalidity or unenforceability of any particular provision of the UltraViolet Terms of Use does not affect the other provisions hereof, and the UltraViolet Terms of Use will be construed in all respects as if such invalid or unenforceable provision has been omitted. Except as otherwise expressly set forth in the UltraViolet Terms of Use, no remedy referred to in the UltraViolet Terms of Use is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available at law, in equity or otherwise. DECE’s failure to exercise or enforce any right or provision of the UltraViolet Terms of Use shall not constitute a waiver of such right or provision. Unless otherwise stated, the singular includes the plural and vice versa, reference to a person includes a legal person (such as a limited liability company) as well as a natural person (an “individual”) and the words “include”, “including”, “in particular”, “for example” or similar shall be construed as illustrative and without limitation. Descriptive headings are for the convenience of the reader, and shall not be used to add to or limit the meaning of relevant terms and conditions.
International Centre Wireless Service Terms and Conditions
IMPORTANT READ CAREFULLY:
The International Centre is the exclusive provider for wired and wireless services for the Facility and has in operation a wireless 802.11 b / g system. The wireless service offers Internet access at varying speeds, servicing exhibitors as well as attendees. The actual maximum bandwidth available depends on how many users are accessing the network simultaneously at any given time. Routers, Streaming Applications, VoIP, DHCP, NAT or Proxy Servers are not allowed with this connection. The International Centre can engineer custom dedicated network(s) to accommodate such special requests. Please call for quote. Wireless is an entry level service ideal for web surfing and checking web based email. The International Centres Wireless Network can be accessed throughout the Facility by using a Wi-Fi compatible 802.11 b / g network card or one of our rental bridge units (limited quantity of bridge units, call for availability). Wireless service is inherently vulnerable to interference from other devices that transmit similar radio frequency signals or that operate within the same frequency spectrum. The International Centre cannot guarantee that interference will not occur. The International Centre does NOT recommend wireless service for mission critical services such as product presentation or demonstrations. For demonstrations or to present products and other mission critical activity, via the Internet, the International Centre highly recommends Customer(s) purchase hardwired services. If you are unsure which of our products will best suit your needs, please call our Telecommunications office at (905) 678-5615. Restrictions and Special Requests. Due to the extensive coverage the International Centre provides for the Facility, NO Customer provided access points are authorized for use within the Facility without the Telecommunications Departments prior approval. Customers who attempt to set up their own wireless system can interfere with the International Centres Wireless Network. The International Centre requires all Customers showcasing their wireless products to contact the International Centre 21 days prior to the show move-in so that we may engineer a cohesive network operating without interference. Misuse of any wireless service may result in service interruption to yourself or other Customers and can lead to disconnection of the Customers equipment. Unsecured Wireless Networks are not tolerated within the Facility. Your service will be disconnected if you are found to be broadcasting an unsecured wireless signal. ALL WIRELESS ACCESS POINTS NOT AUTHORIZED BY THE INTERNATIONAL CENTRE ARE PROHIBITED. By using or activating an account, I hereby attest that I understand the limitations and vulnerabilities of the wireless service provided by the International Centre. I also understand that if I use this service for any reason including, but not limited to, demonstrating, showcasing or presenting my product(s), the International Centre will not be responsible for possible interference that I may experience. Refunds will not be given for service issues found not to be the fault of the International Centre.
"It kind of makes you wonder if they have any idea how badly they're trampling on their own reputation with these lawsuits."
This is their reputation. They're doing ads now. They know they'll never be taken seriously as businessmen, so why not make a career out of getting their asses kicked?
Amazon is pricing their Kindle editions lower than their hardcover, only $8 for the Mongoloid title. It still baffles me that publishers set ebook prices to yield a profit of triple printed books... that's just depressing sales, and skewing the mix towards the less profitable print side. You'd think this would be obvious, but it appears the publishing industry has taken their cues from the RIAA, which STILL hasn't figured out that higher profits are quite possible with lower prices when your marginal cost is low or zero.
On the post: SOPA/PIPA: How Far We've Come; How Far We Need To Go
Freetards taking undue credit!
http://www.redstate.com/neil_stevens/2012/01/16/tech-at-night-eric-cantor-sopas-dead/
On the post: How IP Laws Have Locked Up Martin Luther King's Brilliance
Re: Re:
On the post: How IP Laws Have Locked Up Martin Luther King's Brilliance
Travesty
Even though the use of these clips is almost certainly Fair Use under any rational adjudication, threats of fines in the tens of millions have forced producers to grovel at the feet of lazy heirs that seek only to extract monopoly rents for history that belongs to all of us, equally.
That Dr. King's heirs claim to protect his legacy while selling clips of his famous speech for wireless ads while documentaries and news programs that seek to educate the nation's citizens are forced to do without is beyond shameful. That his greedy heirs seek to monetize the holiday created for one of our nation's true giants harms not only the memory of a great man but also impugns the holiday in his honor. Instead of all being able to celebrate his legacy as Dr. King would have no doubt wanted, the misguided heirs have set up toll booths and diminished Dr. King's legacy as his words no longer ring out from mountaintops.
Free at last. Free at last. When the public domain returns, Dr. King will be free at last.
On the post: Capcom Tries To Tapdance Out Of Its SOPA Support, Blames 'Bad Journalism' For Its Own Statements
Still makes no sense
On the post: Who Will Be The First Politician To Be GoDaddy'd?
Thought it meant something else...
Then again, it's probably happened already. Dirty tricks by politicians is the oldest trick in the book-- I know Talking Points Memo has been targeted in the past for highlighting regrettable comments caught on film.
On the post: New Anti-SOPA Song & Crowdsourced Video From Dan Bull
This idea was stolen from me!!!
Oh, and watch the video. It's awesome & uplifting. It's my daily affirmation.
http://www.youtube.com/watch?v=IMZMdz9ww2I
Follow-up is folks in the video chipped in $450 and Pacdog just bought a new DSLR. W00T!
Watch the video.
On the post: Senator Dianne Feinstein: So Out Of Touch, She Doesn't Realize Tech Companies Are Vehemently Against PROTECT IP
Feinstein needs to go
I am a Democrat, and I look forward to supporting every candidate that challenges the overstayed Senator-- with my vote, financially and even volunteer wise.
On the post: MPAA Pretends To Capitulate On SOPA, Will Offer Changes For 'Legitimate Concerns'
My comment to NY Times, 3+ hours in moderation queue
-----------------------
That's simply stunning, for a New York Times reporter to regurgitate as fact the propaganda espoused by the MPAA and RIAA. Specifically this, "The proposed bills are intended to combat foreign-based Web sites that traffic in stolen copyrighted content by forcing sites that assist them through searches, payments or other means to sever those connections." I would expect a writer for this publication would be familiar with the proposed law and know that the law is not restricted to foreign websites.
And how does it propose to restrict access? Why, by having the government mandate censorship, and by making all sites that allow user generated content subject to massive secondary liability claims.
It's a bit disturbing that it's claimed and reported so matter of factly that the MPAA is re-writing this bill. That's not government by, for and of the people. Rather, it's by, for and of the corporate interests. The credulity of this report is even more shocking since the New York Times and many other mainstream news sites have recognized the danger the bill poses to open expression and freedom of creativity.
But the biggest laugher is the claim that Google is trying to "gin up" opposition to the bill with spurious claims. That's a lot of chutzpah from an organization that routinely claims movie piracy harms corn farmers, soldiers serving overseas and the US economy itself! It's like living in some sort of fantasy world.
It's no wonder that the MPAA propaganda tries to use true problems like counterfeit drugs with in order to enable massive government censorship intended solely to save them from adapting their Buggy Whip business model. They put forward blue collar workers decrying lost jobs while executives collect $75 million bonuses and lobbyists earn millions a year for successfully buying off Congress for a full generation to date.
It ends now. SOPA and its cousins are disastrous and should simply not be passed in any form.
On the post: Keith Olbermann, No Longer Afraid Of Corporate Parent Interference, Willing To Talk On Air About PIPA/SOPA
Re: Re: I need to post somewhere!
On the post: Keith Olbermann, No Longer Afraid Of Corporate Parent Interference, Willing To Talk On Air About PIPA/SOPA
I need to post somewhere!
http://mediadecoder.blogs.nytimes.com/2011/11/30/expect-some-toning-down-of-antipiracy-bil ls-says-movie-industry-supporter
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
I had to search for Handel's Messiah recordings
http://www.webrarian.co.uk/crystalpalace/crystal16.html
I don't think there's a better encapsulation of the absurd lengths copyright maximalists will go to remove historical works from the public domain. I know there's case law that basically says you aren't granted a new copyright for engaging in a simple transfer or non-creative clean up (removing scratches from paintings or music). Yet the copyfraud continues. Make it stop.
On the post: Author Puts Article Online, Insists That Due To Copyright, You Cannot Link To It
Probably a nod to the publisher
It's silly & unenforceable, but would make a little bit of sense from the point of view of the author trying to satisfy his publisher while posting his work.
Here's an example from another page,
"Copyright © 2005-present by T. Matthew Ciolek. This Web page may be linked to any other Web pages. Contents may not be altered. Unauthorised use or electronic dissemination is prohibited by applicable laws. Please contact the appropriate section maintainer for permission to re-use any material."
On the post: Chosen Reject's Favorite Techdirt Stories Of The Week
Twenty Six!!?
On the post: Hollywood's Kinder, Gentler DRM: UltraViolet, Getting Slammed In Reviews
Behold! The 8000 word EULA
YOUR USE OF ULTRAVIOLET IS GOVERNED BY THESE TERMS OF USE, THE ULTRAVIOLET PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS AND CONDITIONS PROVIDED TO YOU FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR OTHER OFFERINGS MADE AVAILABLE TO YOU BY OR ON BEHALF OF THE DIGITAL ENTERTAINMENT CONTENT ECOSYSTEM (DECE) LLC (“DECE” or “we”) IN CONNECTION WITH ULTRAVIOLET, (COLLECTIVELY, THE “ULTRAVIOLET TERMS OF USE”). THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DECE. PLEASE READ THESE TERMS CAREFULLY.
Table of Contents
Acceptance of UltraViolet Terms of Use
Changes to UltraViolet and the UltraViolet Terms of Use
Jurisdictional Issues
Third Party Sites, Products and Services
Setting up an UltraViolet Account
Registering Members
Parental Controls
Confidentiality and Passwords
Privacy Policy
Obtaining Rights to UltraViolet Content
Viewing UltraViolet Content
Registration, Use and Removal of UltraViolet Devices
Streaming UltraViolet Content
System Requirements and Administrative Access
Termination, Removal and Suspension of a Member or UltraViolet Account
Conduct In Connection with UltraViolet
Intellectual Property Matters
Communications
Submissions
Right to Monitor and Editorial Control
Disclaimer of Warranties; Limitation of Liability
Indemnification
Third Parties
Claims of Copyright Infringement
Resolving Disputes
Entire Agreement; Interpretation
Acceptance of UltraViolet Terms of Use
To access and use UltraViolet or any of the rights associated with UltraViolet content in your account with UltraViolet (“UltraViolet Account”) you must agree to and comply with the UltraViolet Terms of Use. By indicating your consent or by accessing or using UltraViolet, whether through our website (http://www.uvvu.com) (the “UltraViolet Website”), a third-party website, a device, media player, software or other means, you accept and agree to be bound by the UltraViolet Terms of Use.
By accepting and agreeing to the UltraViolet Terms of Use, you affirm that you are at least eighteen years of age or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, representations and responsibilities set forth in the UltraViolet Terms of Use. IF YOU ARE A MEMBER UNDER THE AGE OF EIGHTEEN, PLEASE REVIEW THE ULTRAVIOLET TERMS OF USE, INCLUDING OUR PRIVACY POLICIES, WITH YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE UNDER THE AGE OF THIRTEEN, YOUR PARENT OR LEGAL GUARDIAN IS REQUIRED TO FIRST BECOME A MEMBER OF THE ULTRAVIOLET ACCOUNT TO WHICH YOU WILL BE ADDED AND THEN TO ACCEPT THE ULTRAVIOLET TERMS OF USE (INCLUDING THE TERMS OF OUR PRIVACY POLICY AND THE CHILDREN’S PRIVACY POLICY INCORPORATED THEREIN) ON YOUR BEHALF IN ORDER FOR YOU TO USE ULTRAVIOLET.
Changes to UltraViolet and the UltraViolet Terms of Use
DECE reserves the right to make changes to UltraViolet from time to time, with or without notice to you. Any description of how UltraViolet works contained herein should not be considered a representation or obligation with respect to how UltraViolet will always work. DECE reserves the right, from time to time, at any time, and in its sole discretion, with or without additional notice to you, to change the UltraViolet Terms of Use. You should review the UltraViolet Terms of Use frequently to understand the terms and conditions that apply to your use of UltraViolet. The most current version of the UltraViolet Terms of Use can be viewed at any time by visiting the UltraViolet Terms of Use page on the UltraViolet Website (Terms of Use). Such changes shall be effective and binding on you upon the earlier of your acceptance of the updated UltraViolet Terms of Use (i) via a “click-through” consent or other industry-standard mechanism, or (ii), except with respect to the section below entitled “Resolving Disputes”, by your continued use of UltraViolet after the date the updated UltraViolet Terms of Use are presented and available to you by posting on the UltraViolet Website. The most current version of the UltraViolet Terms of Use will supersede all previous versions. If you do not agree to, or cannot comply with, the updated UltraViolet Terms of Use, you must stop using UltraViolet.
Jurisdictional Issues
These UltraViolet Terms of Use are intended for UltraViolet Accounts created and used in the United States of America (“United States”). DECE does not represent or warrant that UltraViolet, your UltraViolet Account or any rights with respect to UltraViolet content stored in your UltraViolet Account are appropriate or available for use, download or streaming in other locations. If you choose to access a United States UltraViolet Account from other locations you do so on your own initiative and are responsible for compliance with any and all applicable laws and regulations, including both the laws of the United States and such other locations. If you travel to, or change your UltraViolet Account as you may be permitted to, a different country or territory, you may not be able to re-download or stream content that was available to you in your previous country or territory, and if it is available, different terms of use, as well as additional charges, for such content may apply.
Third-Party Sites, Products and Services
In connection with UltraViolet you are able to use and interact with third party products and services and to link to or from third party websites (“Third Party Sites, Products and Services”), including retail services, streaming services, media players, applications and devices. DECE IS NOT RESPONSIBLE FOR THE AVAILABILITY, QUALITY, OR PERFORMANCE OF ANY THIRD PARTY SITES, PRODUCTS OR SERVICES OR ANY INFORMATION OR MATERIALS CONTAINED THEREON. The fact that you may utilize and link to Third Party Sites, Products and Services does not constitute an endorsement, approval or sponsorship thereof by DECE. DECE is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third Party Sites, Products and Services. If you choose to rely on any Third Party Sites, Products and Services, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice. You may also be subject to, and are solely responsible for complying with, any additional terms and conditions associated with the use of such Third Party Sites, Products and Services. Any such third party terms and conditions are in addition to the terms and conditions set forth herein and do not in any way modify your obligation to comply with the UltraViolet Terms of Use.
Setting up an UltraViolet Account
In order to use UltraViolet, an UltraViolet Account must be created. The UltraViolet Account creator must be at least eighteen years old. If you are the creator of an UltraViolet Account, you affirm that you are at least eighteen years of age, and are fully able and competent to enter into and comply with the UltraViolet Terms of Use. When submitting information through UltraViolet, including when setting up an UltraViolet Account and when registering Members, you agree to provide only true, accurate, current, and complete information. You also agree to maintain and update the information you provide as required to keep such information accurate and up to date.
Registering Members
Your UltraViolet Account may have a total of six authorized Members including yourself (each a “Member”). Each Member must be a natural person and will be assigned an access level by the person adding that Member. You can learn more about the rights and limitations of each available access level at the time you are asked to assign member permissions or by logging into your UltraViolet Account at www.uvvu.com and reviewing the information in the “Help and FAQ” link.
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT ALL MEMBERS OF YOUR ULTRAVIOLET ACCOUNT ARE INDIVIDUALS WHOM YOU TRUST AND WITH WHOM YOU ARE COMFORTABLE SHARING PERSONAL INFORMATION (AS DEFINED IN AND IN THE MANNER SET FORTH IN THE ULTRAVIOLET PRIVACY POLICY) AND THE ULTRAVIOLET RIGHTS PLACED IN THE ULTRAVIOLET ACCOUNT. ONCE REGISTERED, EACH MEMBER WILL, SUBJECT TO PARENTAL CONTROL SETTINGS, HAVE ACCESS TO AND HAVE THE ABILITY TO USE ALL OF THE ULTRAVIOLET RIGHTS STORED IN THE ULTRAVIOLET ACCOUNT, REGARDLESS OF WHICH MEMBER OBTAINED THOSE RIGHTS ORIGINALLY. Additionally, depending on the access level OF a Member, that Member may have the ability to add and remove Members (including the person originally creating the UltraViolet Account), add and remove devices, change Members’ passwords, change Members’ profiles and access levels, and terminate the UltraViolet Account. IF YOU ARE REMOVED FROM AN ULTRAVIOLET ACCOUNT YOU WILL LOSE THE RIGHT TO ACCESS THE ULTRAVIOLET CONTENT IN THAT ULTRAVIOLET ACCOUNT (INCLUDING ANY ULTRAVIOLET CONTENT THAT YOU ORIGINALLY OBTAINED THE RIGHTS TO).
Parental Controls
UltraViolet is not intended for use by children without the involvement and supervision of a parent or legal guardian. Accordingly, UltraViolet offers parental controls designed to assist parents and legal guardians in restricting Members under the age of eighteen from accessing certain UltraViolet content. Despite setting the parental controls within UltraViolet, please note that there are certain circumstances where UltraViolet’s parental controls may not be effective in restricting access to content. For example, once UltraViolet content is downloaded to an authorized Ultraviolet-compatible playback device, media player or software (each an “UltraViolet Device”) or streamed via a streaming service that does not require a Member login, such UltraViolet content may be accessible to anyone who has access to that UltraViolet Device or streaming service. In such circumstances, to the extent available, you must also set the parental controls on that UltraViolet Device or associated with such streaming service to restrict access to UltraViolet content. It is your responsibility to research and properly configure the parental control settings on your UltraViolet Devices and streaming services to prevent access to inappropriate materials. If an UltraViolet Device or streaming service does not provide parental control settings, and parental control settings are important to you, you should not use such UltraViolet Device or streaming service.
BECAUSE AN ULTRAVIOLET ACCOUNT MAY CONTAIN RIGHTS TO EXPLICIT, VIOLENT OR ADULT CONTENT, PARENTAL DISCRETION AND UTILIZATION OF ULTRAVIOLET’S PARENTAL CONTROL FUNCTIONALITY AS WELL AS THE PARENTAL CONTROLS AVAILABLE ON YOUR ULTRAVIOLET DEVICES AND THROUGH YOUR STREAMING SERVICES IS ADVISED FOR ALL MEMBERS UNDER THE AGE OF EIGHTEEN.
Confidentiality and Passwords
Maintaining the confidentiality and security of your UltraViolet Account is the responsibility of you and the other Members of your UltraViolet Account. Each Member will have his or her own password, and each Member’s user name/password combination will grant access to your UltraViolet Account. You should select a password that is difficult to guess and not reveal your password to anyone else. BECAUSE A MEMBER MAY HAVE THE ABILITY TO MODIFY YOUR PASSWORD AND DELETE YOUR MEMBERSHIP IN YOUR ULTRAVIOLET ACCOUNT, BE CERTAIN THAT YOU ONLY SHARE AN ULTRAVIOLET ACCOUNT WITH INDIVIDUALS YOU TRUST. In the event of any breach of security, including unauthorized access or use of your UltraViolet Account, immediately notify DECE at CustomerCare@uvvu.com.
Privacy Policy
UltraViolet’s policies with respect to the collection, use and sharing of information are set forth in the UltraViolet Privacy Policy and, with respect to children under thirteen, also the UltraViolet Children’s Privacy Policy, both of which are incorporated herein by reference for all purposes. Please review our privacy policies, and if you are under the age of eighteen, review our privacy policies with your parent or legal guardian, to understand our practices. By accepting the UltraViolet Terms of Use you are consenting to the UltraViolet Privacy Policy and UltraViolet Children’s Privacy Policy.
Obtaining Rights to UltraViolet Content Once your UltraViolet Account is set up, you may begin obtaining rights to UltraViolet content. Rights to UltraViolet content can be obtained from participating retailers and are reflected in your UltraViolet Account. The UltraViolet content available from participating retailers will vary from retailer to retailer. UltraViolet content always comes with certain rights to both download and stream such content, but the particular terms associated with any particular UltraViolet content are established by the retailer from whom such UltraViolet content is obtained. Please check with your retailer for the exact details of its UltraViolet offer. In addition to rights to stream and download UltraViolet content, a participating retailer may also offer you the right to burn or receive UltraViolet content on a physical format (such as a DVD); if a retailer does offer you such an option, you may only obtain one physical copy of each UltraViolet content title, and if this physical copy is lost or damaged it cannot be replaced for any reason.
Your UltraViolet Account is designed to reflect all of the rights to UltraViolet content that you and other Members of your UltraViolet Account have obtained and have available for use. Your UltraViolet Account can be accessed by visiting UltraViolet through the UltraViolet Website at www.uvvu.com, through participating retailers and streaming service providers, and through other available products and services.
Viewing UltraViolet Content
Once you or another Member obtains rights to UltraViolet content from an UltraViolet retailer, you may view that content on UltraViolet Devices registered to your UltraViolet Account and via authorized streaming services. You are aware and understand that by using UltraViolet, you may have access to UltraViolet content that may be deemed offensive, objectionable, unpleasant, or indecent, and that such UltraViolet content may not be identified as such. You agree to use UltraViolet at your sole risk and that DECE will have no liability to you for your exposure to such content. If you are under 18 years of age or if parental controls are set with respect to your use, you understand that certain UltraViolet content may not be available for download or streaming by you even if there are rights associated with such UltraViolet content in your UltraViolet Account.
Registration, Use and Removal of UltraViolet Devices
UltraViolet Devices are required if you want to download (as opposed to stream) and play UltraViolet content. Once your UltraViolet Account is set up, you may begin registering UltraViolet Devices in your UltraViolet Account. UltraViolet allows you and other Members in your Account to register up to twelve different UltraViolet Devices to your UltraViolet Account. A particular UltraViolet Device may only be registered to one UltraViolet Account at any given time. Once an UltraViolet Device has been registered with your UltraViolet Account, you and other Members may use that UltraViolet Device to play downloaded UltraViolet content.
In order to qualify as an UltraViolet Device, the device, media player, app, or other hardware or software product must display the UltraViolet logo (the logo may appear on packaging, manuals, inserts, load screens, etc., as opposed to the external casing of the device itself) and meet the system and compatibility requirements that DECE establishes from time to time. We may change the requirements for UltraViolet Devices from time to time and, in some cases, whether an UltraViolet Device remains a supported device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are UltraViolet Devices may cease to be supported in the future. Device manufacturers are responsible for ensuring that their UltraViolet Devices are compatible with UltraViolet. DECE makes no representation or warranty with respect to the compatibility of particular UltraViolet Devices.
An UltraViolet Device may be removed from your UltraViolet Account. In order to perform a removal of an UltraViolet Device, you will need to follow the procedures specified by DECE. For the removal of an UltraViolet Device to be considered a “Verified Removal”, the UltraViolet Device itself must be involved in the removal process and you will likely need to follow a procedure that is prompted by such UltraViolet Device. In the event that you are unable to perform a Verified Removal (because of loss, damage, or any another reason), you may remove an UltraViolet Device by accessing your UltraViolet Account and initiating a removal; however, any such removal will be considered an “Unverified Removal”. In order to prevent the misuse of UltraViolet, DECE imposes limits on the number of times UltraViolet Devices can be removed and reregistered. Each UltraViolet Account is limited to two Unverified Removals every 365 days; additional attempted Unverified Removals within that period will not be considered a removal and will count against the UltraViolet Account’s limit of twelve UltraViolet Devices. An Unverified Removal may be converted into a Verified Removal in the event that a Verified Removal is subsequently initiated from the applicable UltraViolet Device. An UltraViolet Device that has been removed from an UltraViolet Account may only be re-registered to that same UltraViolet Account three times during any ninety-day period.
Streaming UltraViolet Content
Your UltraViolet Account is authorized to receive a total of three streams of UltraViolet content simultaneously. The UltraViolet content that is available for streaming and the devices to which it may be streamed will vary depending on which authorized streaming services you elect to use in connection with your UltraViolet Account. Depending on the type of streaming service you and the other Members of your UltraViolet Account elect to connect to, such streaming service may be available for use by all Members of your UltraViolet Account and without the need to separately log into your UltraViolet Account, or the streaming service may only be available to a particular Member after that Member logs in to his or her UltraViolet Account. Each streaming service supports its own devices so you will need to check with your streaming service provider to determine the devices to which you are authorized to stream UltraViolet content. In connection with your use of streaming services you may be required to comply with additional terms and conditions of such third party service.
System Requirements and Administrative Access
Use of UltraViolet requires Internet access and at least one UltraViolet Device or device supported by a Streaming Service, and may require certain software and the obtaining of updates or upgrades thereto from time to time. You are responsible for any fees associated therewith. Because use of UltraViolet involves hardware, software, and Internet access, your ability to use UltraViolet may be affected by the performance of these factors as well as by changes in these technologies over time. High-speed Internet access is strongly recommended. In addition, all UltraViolet Devices may not support all of the features and functionality available for UltraViolet. For example, to view high definition UltraViolet content you will need a high-definition compatible UltraViolet Device. You acknowledge and agree that such system requirements, which may be revised from time to time, are your responsibility. You further acknowledge and agree that DECE is not responsible for failure in proper configuration or limitations of your UltraViolet Devices. UltraViolet is independent of such other products, services and offerings, and the purchase or obtaining of any such product, service or offering does not guarantee your access to the full features and functionality of UltraViolet. In connection with the operation of UltraViolet, DECE will have administrative access to your UltraViolet Account to provide customer service, maintenance and support, investigate complaints, and/or fix errors but shall not be obliged to do so at your request or otherwise.
Termination, Removal and Suspension of a Member or UltraViolet Account
If for any reason you no longer wish to use UltraViolet, you may remove yourself as a Member or, if your access level allows, terminate your entire UltraViolet Account. Terminating your UltraViolet Account will terminate access to that account and the UltraViolet rights associated with it for all Members of your UltraViolet Account. We will use efforts to retain your UltraViolet Account information for ninety days after termination in case your termination was in error, however, we have no obligation to retain any of your UltraViolet Account information and any such information, including any rights in your UltraViolet Account, might not be restored. In sharing your UltraViolet Account you are consenting to the termination of your UltraViolet Account and your rights with respect thereto by any Member whose access level provides such account administration rights. If you elect to terminate your UltraViolet Account or another Member, you are solely responsible for notifying the affected Members prior to such termination. DECE assumes no liability for any failure by a Member to notify the other Members of an UltraViolet Account prior to deletion of a Member or such UltraViolet Account. If you wish to retain copies of the UltraViolet content in your UltraViolet Account prior to termination, you must download the corresponding content to an UltraViolet Device or, if you obtained the rights to do so, obtain the content in a form of physical media, such as a DVD, prior to termination, in each case only as authorized by DECE and the retailer from whom the rights to such UltraViolet content were obtained and in accordance with DECE’s requirements and subject to any third party requirements.
You agree that DECE may, in its sole discretion and without notice to you or liability, restrict, suspend, or terminate your access to part or all of UltraViolet if DECE believes you or a Member of your UltraViolet Account are using or have used UltraViolet in violation of the UltraViolet Terms of Use or applicable law or regulations or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, DECE may restrict or suspend your access to your UltraViolet Account upon reasonable notice to you, which may be communicated electronically, for cause, which includes but is not limited to (i) requests from law enforcement or other government authorities, (ii) unexpected technical issues or problems, or (iii) if DECE reasonably believes that your UltraViolet Account has been created fraudulently, your UltraViolet Account has been accessed fraudulently, or a Member of your UltraViolet Account has otherwise committed fraud or is using your UltraViolet Account other than for its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, after notice to you, to terminate any UltraViolet Account that remains inactive for one year. In addition, you understand that DECE may modify or cease providing UltraViolet or any portion of UltraViolet at any time without notice. You agree that DECE will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your UltraViolet Account or rights to any UltraViolet content.
ON TERMINATION OF YOUR ULTRAVIOLET ACCOUNT, Whether terminated by you or by DECE, YOU WILL LOSE ALL RIGHTS TO ACCESS THE UltraViolet content IN YOUR ULTRAVIOLET ACCOUNT UNLESS YOU HAVE (A) DOWNLOADED THE CORRESPONDING UltraViolet content TO AN ULTRAVIOLET DEVICE, OR (B) if you obtained the rights to do so, OBTAINED THE UltraViolet content IN A FORM OF PHYSICAL MEDIA, SUCH AS A DVD, IN EACH CASE ONLY AS AUTHORIZED BY DECE AND THE RETAILER FROM WHOM THE RIGHTS TO SUCH ULTRAVIOLET CONTENT WERE OBTAINED AND IN ACCORDANCE WITH DECE’S REQUIREMENTS AND SUBJECT TO ANY THIRD PARTY REQUIREMENTS.
Conduct In Connection with UltraViolet
In addition to any other requirements associated with the use of UltraViolet, you may not and agree not to:
share your password with anyone, or obtain or attempt to gain unauthorized access to UltraViolet Accounts to which you are not a Member, or obtain or attempt to gain unauthorized access to UltraViolet content to which you do not have permission or authority to access;
alter, edit, delete, obscure, otherwise change the meaning or appearance of, enclose, repurpose, redistribute, republish or publicly perform any of the UltraViolet content, including by linking to, hosting, embedding, streaming, framing and/or using any other means;
alter any trademarks, trade names, logos, service marks, promotional taglines, copyright notices or warnings or any other proprietary content or proprietary rights notices included therein or thereon;
engage in spidering, screen scraping, database scraping, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging in or registering for UltraViolet, or obtaining lists of Members or other information from or through UltraViolet, including, without limitation, any information residing on any server or database connected to UltraViolet;
use UltraViolet in any manner that could interrupt, damage, disable, degrade, overburden or impair UltraViolet or interfere with any other Member’s use and enjoyment of UltraViolet;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with any part or portion of UltraViolet, including without limitation, any security aspects or content protection of UltraViolet content;
upload, post, link to, transmit, distribute or otherwise publish to, on or through UltraViolet, any information, content, or materials that are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, or which causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property rights or otherwise is in breach of or violates any applicable law or regulation, including, without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
use UltraViolet to violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
impersonate or misrepresent yourself or your connection to any other entity or person;
upload, post, link to, transmit, distribute or otherwise publish any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
post or otherwise distribute untruthful or incorrect information that may mislead others with respect to certain functions or features of the service;
post links to websites or materials that could harm others' computers or would allow others to inappropriately access software or websites or would violate the UltraViolet Terms of Use;
use UltraViolet to harvest information about Members for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail or other communications;
resell or redistribute the service, or to assign or transfer your Member account, or any part of UltraViolet, to anyone else either permanently or temporarily;
use UltraViolet for any commercial purpose;
publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or
use UltraViolet, in whole or in part, in violation of any applicable law or regulation.
IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF ULTRAVIOLET, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.
Intellectual Property Matters
As between you and DECE, other than the rights you have obtained with respect to UltraViolet content, DECE owns, solely and exclusively, all rights, title and interest in and to UltraViolet and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof , including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the “UltraViolet Service Material”). Your use of UltraViolet does not grant to you ownership or title of, in or to any UltraViolet Service Material, UltraViolet content or any other part of UltraViolet. UltraViolet, the UltraViolet Service Material and the UltraViolet content are for your personal and non-commercial use only. You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through UltraViolet or the UltraViolet Service Material, without the express written consent of DECE. In particular, you are not permitted to republish any part of UltraViolet on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without DECE’s prior written permission. The creation and use of an UltraViolet Account, Member or display name in connection with UltraViolet does not grant you any intellectual property or other rights therein. DECE reserves all rights in all UltraViolet Account, Member and display names and may require UltraViolet Account, Member or display names to be changed.
Your rights with respect to any specific UltraViolet content are established by the retailer from which you obtained such rights and are subject to the limitations imposed by copyright holders and other third parties. When you obtain rights to UltraViolet content, that UltraViolet content remains subject to the intellectual property rights of the copyright owner and other third parties. The UltraViolet content is being licensed and not sold to you. You may only use the UltraViolet content for your personal and non-commercial use and as expressly authorized by the copyright owner and other third parties, including the applicable retailer.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with UltraViolet are proprietary to DECE and other third parties. Nothing contained in or provided through UltraViolet should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without DECE’s written permission or that of the third-party rights holder.
Communications
From time to time we may need to get in touch with you regarding UltraViolet and your use thereof. You consent to receive communications from DECE electronically. You agree that all disclosures, notices, agreements, and other communications you receive from DECE electronically satisfy any legal requirement for such communications to be in writing. DECE does not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, garbled, lost, or not received.
Submissions
You may have an opportunity to submit comments to DECE or post information and materials on the UltraViolet Website. Any information, ideas or materials you elect to send or post, directly or indirectly by email, or in any other way (“Submissions”) will be deemed not to be confidential or secret, to have been deliberately and voluntarily made public by you and may be used by DECE and its designees at DECE’s sole discretion in any manner. Furthermore:
you grant DECE a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sublicensable right and license to use, reproduce, modify, translate, edit, distribute, create derivative works from, publish, perform, display, translate, syndicate, sub-license and transmit the whole or any part of your Submissions (including without limitation any of the information, details, ideas, concepts and/or formats and all intellectual property rights contained within it) in any manner and in any format, media and/or technology now know or later developed (including, without limitation, archiving and making such material available on UltraViolet);
you represent and warrant that the Submissions are original to you, that no other party has any rights thereto and to the extent permissible by law, you waive all moral rights subsisting in your Submissions anywhere in the world;
you agree that publication of your Submissions by us will be at our sole discretion and we reserve the right (but not the obligation) to edit or otherwise amend such materials prior to publication, and you accept that we are under no obligation to publish your Submissions if we in our sole discretion decide not to;
you agree that we may (at our sole discretion) disclose your identity to any third party who is claiming that any Submissions sent by you are defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), or otherwise in breach of or violate any applicable law, regulation or code of practice;
you warrant that your Submissions are not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violate any applicable law, regulation or code of practice and understand that DECE reserves the right at all times to edit, refuse to post or to remove any Submissions.
DECE DOES NOT ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMISSIONS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND DECE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMISSIONS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH ULTRAVIOLET CREATED OR PROVIDED BY MEMBERS OR OTHER THIRD PARTIES. DECE HAS NO RESPONSIBILITY TO MAINTAIN ANY SUBMISSION AND MAY DELETE OR DESTROY ANY SUBMISSION AT ANY TIME.
Right to Monitor and Editorial Control
Although initially UltraViolet does not permit individuals to post any information or materials, DECE reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials submitted to or through UltraViolet if and when such functionality is enabled; however, it is DECE’s policy not to monitor such materials.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ULTRAVIOLET, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, USER INTERFACES, AND MATERIALS THEREOF OR OTHERWISE AVAILABLE ON OR THROUGH ULTRAVIOLET, ARE PROVIDED "AS IS," "AS AVAILABLE,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (c) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (d) THAT ULTRAVIOLET OR ANY ULTRAVIOLET SERVICE MATERIAL WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (f) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH ULTRAVIOLET WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, (g) THAT ULTRAVIOLET, IN WHOLE OR IN PART, WILL MEET MEMBERS’ REQUIREMENTS, (h) THAT ANY PARTICULAR THIRD PARTY SITES, PRODUCTS AND SERVICES WILL WORK WITH ULTRAVIOLET OR (i) THAT YOUR USE OF ULTRAVIOLET WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. DECE, ITS AFFILIATES, MEMBERS, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “DECE ENTITIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE DECE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, ULTRAVIOLET DEVICE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF ULTRAVIOLET OR YOUR DOWNLOADING, STREAMING, OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO ULTRAVIOLET. YOUR ACCESS TO AND USE OF ULTRAVIOLET IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ULTRAVIOLET, YOU SHOULD DISCONTINUE USING ULTRAVIOLET.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY DECE ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, ULTRAVIOLET OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY ULTRAVIOLET CONTENT OR ANY THIRD PARTY SITES, PRODUCTS AND SERVICES EVEN IF SUCH DECE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE DECE ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST MEMBERS AND/OR WITH THIRD PARTIES FROM WHOM ULTRAVIOLET CONTENT IS ACQUIRED OR CONSUMED, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY MEMBER OR OTHER PERSON ON OR THROUGH ULTRAVIOLET. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK GIVEN THAT ULTRAVIOLET IS FREE TO MEMBERS, AND (II) DECE WOULD NOT HAVE ALLOWED YOU ACCESS TO ULTRAVIOLET OR TO BECOME A MEMBER WITHOUT THESE LIMITATIONS ON LIABILITY. NOTHING IN THE ULTRAVIOLET TERMS OF USE SHALL ACT TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY (WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW) OR OTHER TYPES OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW
Indemnification
You agree to defend, indemnify and hold DECE, its affiliates, members, contractors and licensors and each of their respective officers, directors, employees, agents and representatives harmless from and against any and all claims, liabilities, suits, losses, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of UltraViolet, (ii) your Submissions, in whole or in part, (iii) your failure to comply with any applicable laws or regulations, or (iv) your breach or violation of the UltraViolet Terms of Use. DECE reserves the right, at DECE’s own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.
Third Parties
DECE may exercise any of its rights hereunder and/or perform any of its obligations directly or through third parties. Any rights granted to DECE, including any releases from or limitations on liability, extend equally to third parties acting on DECE’s behalf.
Claims of Copyright Infringement
DECE respects the intellectual property rights of others, and requires that the individuals who use UltraViolet do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DECE’s copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the owner's behalf.
Please be advised that in accordance with the DMCA and other applicable law, DECE has adopted a policy of terminating, in appropriate circumstances, the UltraViolet Accounts of Members who are deemed to be repeat infringers of the intellectual property rights of others.
Copyright Agent:
Sheriese Rush
DECE Administration
1807 Santa Rita Road
Suite D235
Pleasanton, CA 94566
Email: admin@decellc.com
Phone: +1 (415) 814-1118 x 4
Resolving Disputes
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE (BY YOUR ACCEPTANCE OF THE ULTRAVIOLET TERMS OF USE AND/OR YOUR ACCESS OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET WEBSITE) TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim, dispute, action or proceeding relating to Ultraviolet or the UltraViolet Terms of Use (a “Claim”), will be resolved as follows:
1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a “Notice”) by first class United States mail to DECE at:
Sheriese Rush
DECE Administration
1807 Santa Rita Road
Suite D235
Pleasanton, CA 94566
Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the email address on file with us.
2. Formal Resolution: If we cannot resolve a Claim informally, including any Claim between us (and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not party to the Ultraviolet Terms of Use), whether related to the Ultraviolet Terms of Use or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the provisions set forth in this “Resolving Disputes” section of the Terms of Use and the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, except to the extent such rules and procedures may modified by this section of the Terms of Use, and the parties agree that the arbitration shall be administered by AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:
American Arbitration Association
1633 Broadway, 10th Floor New York, New York 10019
Web site: www.adr.org
(800) 778-7879
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
3. Small Claims: Instead of proceeding to arbitration, you have the option to pursue a Claim in small claims court (or the equivalent) so long as (1) the Claim remains in that court, and (2) is made solely on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
4. Cost Sharing. Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable arbitration rules. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
5. Class Actions and Severability: If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The parties to the Ultraviolet Terms of Use acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the Ultraviolet Terms of Use to arbitrate Claims. 'Claim' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. If this entire agreement to arbitrate shall be null and void, then the parties agree that any Actions shall be commenced and heard in the appropriate court in New Castle County, Delaware. You agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County in the State of Delaware.
6. Binding Effect; Governing Law: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction. The UltraViolet Terms of Use and the relationship between you and DECE shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
7. Exception. Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration.
8. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY LAW OR REGULATION TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ULTRAVIOLET OR THE ULTRAVIOLET TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Entire Agreement; Interpretation. The UltraViolet Terms of Use (including all policies and documents incorporated herein by reference) represents the entire agreement between you and DECE and supersedes any proposal, or prior or contemporaneous, agreement, oral or written, and any other communications relating to the subject matter of this agreement. The invalidity or unenforceability of any particular provision of the UltraViolet Terms of Use does not affect the other provisions hereof, and the UltraViolet Terms of Use will be construed in all respects as if such invalid or unenforceable provision has been omitted. Except as otherwise expressly set forth in the UltraViolet Terms of Use, no remedy referred to in the UltraViolet Terms of Use is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available at law, in equity or otherwise. DECE’s failure to exercise or enforce any right or provision of the UltraViolet Terms of Use shall not constitute a waiver of such right or provision. Unless otherwise stated, the singular includes the plural and vice versa, reference to a person includes a legal person (such as a limited liability company) as well as a natural person (an “individual”) and the words “include”, “including”, “in particular”, “for example” or similar shall be construed as illustrative and without limitation. Descriptive headings are for the convenience of the reader, and shall not be used to add to or limit the meaning of relevant terms and conditions.
Effective Date: September 2, 2011
On the post: What's The Most Expensive WiFi You've Seen?
It gets better (read: worse)
IMPORTANT READ CAREFULLY:
The International Centre is the exclusive provider for wired and wireless services for the Facility and has in operation a wireless 802.11 b / g system. The wireless service offers Internet access at varying speeds, servicing exhibitors as well as attendees. The actual maximum bandwidth available depends on how many users are accessing the network simultaneously at any given time. Routers, Streaming Applications, VoIP, DHCP, NAT or Proxy Servers are not allowed with this connection. The International Centre can engineer custom dedicated network(s) to accommodate such special requests. Please call for quote. Wireless is an entry level service ideal for web surfing and checking web based email. The International Centres Wireless Network can be accessed throughout the Facility by using a Wi-Fi compatible 802.11 b / g network card or one of our rental bridge units (limited quantity of bridge units, call for availability). Wireless service is inherently vulnerable to interference from other devices that transmit similar radio frequency signals or that operate within the same frequency spectrum. The International Centre cannot guarantee that interference will not occur. The International Centre does NOT recommend wireless service for mission critical services such as product presentation or demonstrations. For demonstrations or to present products and other mission critical activity, via the Internet, the International Centre highly recommends Customer(s) purchase hardwired services. If you are unsure which of our products will best suit your needs, please call our Telecommunications office at (905) 678-5615. Restrictions and Special Requests. Due to the extensive coverage the International Centre provides for the Facility, NO Customer provided access points are authorized for use within the Facility without the Telecommunications Departments prior approval. Customers who attempt to set up their own wireless system can interfere with the International Centres Wireless Network. The International Centre requires all Customers showcasing their wireless products to contact the International Centre 21 days prior to the show move-in so that we may engineer a cohesive network operating without interference. Misuse of any wireless service may result in service interruption to yourself or other Customers and can lead to disconnection of the Customers equipment. Unsecured Wireless Networks are not tolerated within the Facility. Your service will be disconnected if you are found to be broadcasting an unsecured wireless signal. ALL WIRELESS ACCESS POINTS NOT AUTHORIZED BY THE INTERNATIONAL CENTRE ARE PROHIBITED. By using or activating an account, I hereby attest that I understand the limitations and vulnerabilities of the wireless service provided by the International Centre. I also understand that if I use this service for any reason including, but not limited to, demonstrating, showcasing or presenting my product(s), the International Centre will not be responsible for possible interference that I may experience. Refunds will not be given for service issues found not to be the fault of the International Centre.
On the post: What's The Most Expensive WiFi You've Seen?
Price list
https://wifi.internationalcentre.com/portal/showfloor/rates
FFS, the frame of reference is a bit off... does anyone at a Rogers Cent"re" meeting still use dial up?
On the post: British Historian On Porn And Internet Censorship: North Korea Is Right -- The Internet Is Our Enemy
A modest satire?
On the post: Winklevii Lose Again: Have To Pay Their Lawyers $13 Million
Improves their reputation
This is their reputation. They're doing ads now. They know they'll never be taken seriously as businessmen, so why not make a career out of getting their asses kicked?
On the post: Does Amazon Want to Monopolize The Entire Publishing Chain?
Another leg up
On the post: Publishers Realizing There's Revenue In Selling Ebooks Of Old Content... Even If It's Available For Free
A certain irony...
Then below the article are links to more stories... stuck behind the GigaOm paywall.
Related research and analysis from GigaOM Pro:
Subscriber content. Sign up for a free trial.
Maybe they should take their own advice?
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