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1. YOUR ACCEPTANCE OF THE EMPIVOT.COM TERMS OF SERVICE
emPivot.com (hereinafter, “emPivot”) provide their services to you subject to the following Terms of Use (”TOS”). emPivot will continually update the TOS and post the changes to this TOS on the emPivot website. Whether you are a “Visitor” (which means that you simply use the emPivot services), a “Member” (which means that you have registered with emPivot.com), or a “User” (which refers to a Visitor or a Member of emPivot.com), you accept in totality the TOS of emPivot. Your continual use of emPivot after any and all TOS updates constitutes a binding acceptance of modifications and changes to emPivot’s TOS. Your use of emPivot, as a member or user, guarantees you assent to the emPivot wbsite TOS. If you do not agree to any of these terms, then please do not use the emPivot website.
2. DESCRIPTION OF EMPIVOT
emPivot.com is a video sharing website, community and a powerful aggregator of green-related media content for anyone and everyone to access online. Our diverse community of Users (people, organizations, and companies) can upload or embed video content and connect with each other through our social networking tools to share media. Additionally, Users of the site can utilize our strong video search engine to find the most relevant green-related video content from emPivot.com and the rest of the web. emPivot is designed for sharing information, education, entertainment-related, commercial, and communications-based green-related media content; these subjects as well tools, and links (collectively, are the emPivot “Service”). Unless explicitly stated otherwise by emPivot, any new features or updates made to update, adjust or augment the Service are subject to this TOS.
3. INTELLECTUAL PROPERTY; OUR RIGHTS AND YOUR RIGHTS
Except for member-contributed Content, all aspects of the Service and www.empivot.com website including but no limited to: software, scripts, text, photos, graphics, sounds, music, videos, interactive features, look and feel of the site and the like (“Content”) and the trademarks, logos or service marks comprised therein (“Marks”), are owned by or licensed to emPivot, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions.
emPivot.com does not claim ownership of the Content you place or otherwise make available through the Service. By submitting your Content or otherwise making available through the Service on emPivot, you authorize and grant emPivot.com a non-exclusive, continual, world-wide, and royalty-free license to use, reproduce, modify, adapt, publicly perform, publicly display and publish the Content solely for the purpose of providing and promoting the Service in any and all media. This license will exist as long as emPivot uses this Content and will not be removed unless User notifies emPivot in writing. emPivot reserves the right to terminate Service and Content at any time. Further, should you opt, while uploading content thus generating code creation enabling others, to link to your Content and/or allow others to link, embed, or display your content within their website or webpages, you authorize and agree that such Content may be linked or displayed by a non-emPivot website. In doing so, you consent to such a display or linking.
Confidential or proprietary information from you through the Service or by email may not be received by emPivot unless agreed upon between you and an authorized emPivot employee in writing prior to receipt. If such confidential or proprietary information is sent and received by emPivot without written agreement, any material, information or idea can be used by emPivot or disseminated by its affiliates without liability or compensation to you whatsoever. This includes, but not limited to, developing, manufacturing, and marketing material and products. Personal information is exempted and is subject to our privacy policy, which is subject to separate provisions.
You agree by use or access to emPivot Service, to accede with all state, federal and international laws that protect emPivot.com’s material appearing on the Service and website. Further, you agree, by using or accessing emPivot Service, to comply with any and all state, federal, and international laws that protect emPivot’s proprietary interest. emPivot Content and material from the Service may be used, downloaded and/or reprinted for personal use only. You agree to not rent, modify, distribute, lease, sell, exploit or loan for any commercial purpose any portion of the Service. This includes any access of Service, or use of Service. You also agree to not create any derivative works based on emPivot Service, in part or in whole. The exemption is if expressly approved by emPivot authorized employee. Any agreement to do so must be made and approved in writing prior to any replication, in part or in whole, of emPivot website.
4. COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
emPivot does not condone or permit copyright infringement or infringement of intellectual property rights on its website. If a User notifies emPivot of proof that Content is copyrighted and being used without owner’s consent, emPivot will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. If a User is determined as a repeat infringer, emPivot reserves the right to terminate the User’s account without explanation.
If you believe that your work has been used or copied or is in violation of your intellectual property in such that warrants copyright infringement and such infringement on or through the Service or this site, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by alerting emPivot copyright agent immediately with the specified written information below (see 17 U.S.C 512(c)(3) for further detail):
a. A thorough explanation and description of all of the copyrighted material that you assert has been violated or infringed
b. A thorough explanation and description of the exact location on emPivot website where you claim a violation or infringement occurred, including the specific URL page
c. A physical or electronic signature of the authorized person to act on behalf of the owner of the copyright interest that is allegedly infringed
d. Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address
e. 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 and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
g. emPivot’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
emPivot Copyright Agent
copyright [at] empivot.com
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to EmPivot customer service. You acknowledge that if you fail to comply with all of the requirements of this TOS, your DMCA notice may not be valid.
5. YOUR LIABILITY AS A USER
By using emPivot Service, you agree to adhere with all local, state, federal and international laws and you will not use this Service for any illegal purpose. If you violate this agreement and use emPivot Service illegally, emPivot may seek legal action to recover any and all financial distress caused by your actions.
You, and not emPivot, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. emPivot does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will emPivot be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You warrant that all your Content does not infringe the intellectual property rights of any third party. This includes (but not limited to) the following: advertisements, music, sound, television excerpts from any animated or non-animated shows, film shorts, medium-length and/or feature-length films, or any other third party material that you did not create yourself or have right to such Content. If you have access to third party Content that you would like to post to emPivot.com, please get that person or Content owner(s) approval prior to posting. All posted Content must not infringe on personal rights such as it does not defame, insult, and libel or abuse anyone.
By accessing or using the emPivot Service, you hereby agree to adhere to these guidelines. Failure to comply with these guidelines may result in you personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), and any applicable civil damages resulting from your actions on emPivot:
a. Do not post pornography, sexually explicit content or abusive material. If sexual material is uploaded to the emPivot website or written about, you will be removed as a user and your account deleted. If material is posted that shows any kind of child exploitation or any kind of human or animal abuse, the emPivot staff will contact law enforcement. Please read our safety tips in order to enjoy your emPivot experience.
b. Do not post videos or text that promotes dangerous or illegal acts like eco-terrorism, drug abuse, bomb-making, on any illegal acts. This material will be removed immediately if posted and, depending on the content, law enforcement may be notified.
c. Graphic or gratuitously violent content is not allowed and will not be tolerated. If your video shows someone getting hurt, attacked or humiliated, do not post it on emPivot. Likewise, if you post written comments on such subjects that depict someone getting hurt, attacked or humiliated, do not post it on emPivot.
d. Do not post videos of accidents or material containing death or destruction. Such videos include war footage; please use other sites for this material.
e. Copyright material should be respected. Upload material that you have created or for which you have been granted intellectual property rights. If you embed a video, use the original source and do not alter the video in any way without the permission of the owner of the video.
f. This is a civil site and proper decorum is advised for all users. emPivot does not tolerate hate speech or foul language intended to attack other users or other malicious behavior. Any postings which contain slurs or inflammatory stereotyping about gender, sexual orientation, race, religion or nationality will be asked to leave emPivot.
g. emPivot maintains a zero tolerance for stalking, predatory behavior, threats, harassment, invading privacy, or the revealing of other members’ personal information without prior consent.
h. emPivot does not tolerate spamming tags or cheats like creating dummy accounts used for promotional purposes of any kind. Likewise, emPivot, although very supportive of multiple points of view on the environment and green-related issues, does not support users hijacking or trolling discussion threads for personal, promotional or campaign purposes.
i. Users will adhere to the ethical standards and process for reviewing content posted by emPivot. All behavior that breaches the emPivot ethical standards will be reviewed by the emPivot staff thoroughly before any action is taken. Violators of the emPivot ethical standards may have their accounts suspended until ethical content is removed or their accounts terminated.
j. emPivot reserves the right to alter users accounts (such as removing video or discussion threads or eliminating a user account) if a user engages in behavior that is deemed beyond the scope and mission of this website. emPivot also reserves the right to monitor or review private video for inappropriate use of the website for any reason. Although emPivot strives for an inclusive and open forum to discuss and view multiple points of view, moral and civil standards and not contrary to any applicable regulations or laws apply to a user’s use of Service. If a user’s behavior is viewed as detrimental to emPivot’s mission and/or scope, the user may be banned from the site.
k. emPivot is an inclusive and open forum that promotes civil viewership and discussions on green-related topics. In order to maintain the integrity of the website, our ethical standards are more specific than most video sharing websites and communities.
6. MEMBERSHIP
To access certain functions of this Service it will be required that you register as a member by selecting a unique member identification (”Member ID”) and password. In do so, you will be asked to provide certain information about yourself. In registering to be a Member, you represent that you are of legal age to form a binding contract, and the information you provide is accurate, current, and complete about yourself as prompted. You also agree to update this information promptly to ensure your information remains accurate, current, and complete. If any of the information you provided appears inaccurate, incomplete or not current or if your Member ID you have chosen is offensive, emPivot has the right to suspend or terminate your present and future accounts. Membership in the emPivot.com service is intended for adults, and children under 13 may not obtain a Member ID.
As a Member, you agree to (a) keep your password confidential and to only log in with your Member ID and password that you have created, (b) ensure that at the end of your emPivot session, you exit from your account, and (c) immediately notify emPivot.com if any unauthorized use of your Member ID and/or password occurs. As the holder of your Member ID and password, you are fully responsible for all activities that occur under your Member ID. emPivot.com will not be liable for any loss or damage arising from your failure to comply with this Section.
7. MEMBER DISPUTES
If a situation arises between members resulting in a dispute, please note that you are solely responsible for your interactions with other emPivot.com Members. emPivot.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. EMPIVOT.COM PRIVACY POLICY
Information provided by you at registration, as well as certain other information about you, is subject to our Privacy Policy located on the emPivot website. Please keep this personal information personal unless your intent is to share this information with others. emPivot.com is not responsible for any actions created by a User disclosing their personal information.
9. TERMINATION
You agree that emPivot.com may, at any moment and in its sole and absolute discretion or liability to you or any third party, immediately terminate your Member ID. Upon termination, emPivot may remove or discard from the Service any Content associated with your Member ID. Justification for termination may include, but are not limited to, (a) long period of User absence from emPivot, (b) violation of the mission or spirit of emPivot, (c) adjournment or material alteration of the Service, or (d) requests by law enforcement or other government agencies. emPivot.com may also in its sole discretion and at any time, discontinue emPivot and/or the Service, or any part thereof, with or without notice.
10. LINKING
Unless specified by limitations in this section, emPivot.com grants you a non-assignable, non-exclusive, royalty-free license to use emPivot.com marks solely for the purpose of providing an underlined, hypertext link from your web site to the home page of www.emPivot.com (URL http://www.emPivot.com), You agree not to deep link or link to any emPivot sub-page under the emPivot.com homepage. This includes not publishing links to any page on the Service other than the home page. You also agree not to publish a link to www.emPivot.com from any page that contains Content, information, or other material prohibited in this TOS.
11. FRAMING
By your use or access to this site or Service, you agree not to “frame” all or any portion of the site or Service unless you are notified in writing prior by emPivot.com. This includes your use codes authorized by the User who uploaded the content and provided by emPivot for the purpose of linking from other sites. Questions and inquiries about framing this site can be sent to the following e-mail address: violations@emPivot.com. Any decision to grant or deny a request to frame the site is within the sole discretion of emPivot.com, its employees, agents, and appointed designees.
12. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMPIVOT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. EMPIVOT.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER CONTENT.
(B) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMPIVOT.COM OR THROUGH THE EMPIVOT.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT EMPIVOT.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPIVOT.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EMPIVOT.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST EMPIVOT.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR MEMBER ID; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
16. GOVERNING LAW
The relationship between you and emPivot.com and TOS shall be exclusively governed by and construed in all respects under the laws of the District of Columbia, without giving effect to any choice-of-law or conflict-of-laws provisions. You and emPivot.com further agree to submit to the personal jurisdiction of the state courts located in District of Columbia and the personal jurisdiction of the federal courts located within the District of Columbia for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of the TOS.
17. WAIVER AND SEVERABILITY
If emPivot.com fails to exercise or enforce any right or provision of the TOS, it shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
18. EMPIVOT SERVICE MARKS AND TRADEMARKS
emPivot, emPivot.com, emPivot.biz, emPivot.co.uk, emPivot.de, emPivot.info, emPivot.mobi, emPivot.net, emPivot.org, emPivot.tv, emPivot.us, emPivotlive.com, emPivotstore.com, enPivot.com, myemPivot.com, and “View Green from Every Angle” are service marks of emPivot.com. All rights are reserved.
19. ENTIRE AGREEMENT
The TOS embodies the entire and only Agreement between you and emPivot.com with respect to the emPivot.com Service. This document and the TOS supersede all prior agreements between you and emPivot.com, oral or written. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on emPivot.com.
You also may be subject to additional terms and conditions that may apply when you use affiliate or other emPivot.com services, third-party content or third-party software.
20. NO THIRD PARTY BENEFICIARIES.
You agree that, under these TOS, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
21. NO RIGHT OF SURVIVORSHIP; NON-TRANSFERABILITY.
You agree that your emPivot.com Member ID is non-transferable. Any rights to your Member ID or Content will terminate upon your death.
22. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action against emPivot arising out of or related to use of the Service or the TOS must be filed within one (1) year. If any claim is filed beyond one year such claim or cause of action arose or be forever barred.
23. SECTION TITLES.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. VIOLATIONS.
Please report any violations of this TOS to emPivot.com. at the following address:
717 D Street NW
STE 310
Washington DC 20004
25. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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