You understand, acknowledge and agree that postings are the sole responsibility of the person from which such postings originated. This means that you are solely and entirely responsible for the consequences of all postings that you (including, but not limited to, postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the site.
These Terms and Conditions (also called the “Agreement”) are a binding legal contract between you and the National Association of Broadcasters (NAB), a nonprofit corporation located in Washington, DC, and its Affiliates, including but not limited to YuVue, LLC, a Delaware Limited Liability Company, (collectively the “Operator,” also “we,” “us” or “our”), and governs your use of the Service, as defined below, and any content made available from or through it. Please read these Terms and Conditions carefully. By using this website, application, mobile application and/or any services offered through our website, application, and/or mobile application (collectively, the “Service”), you accept the terms of this Agreement. We may change the terms of this Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Agreement on this Service and will update the “Last Updated” date above to reflect the date the changes take effect. By continuing to use this Service after we post any such changes, you accept this Agreement, as modified.
We reserve the right to deny access to this Service or any portion of this Service to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy this Service or who infringes the rights of others.
To obtain access to certain services on our Service, you will be required to register with us. Those under 18 may not register for the Service, and anyone submitting materials is acknowledging that they are at least 18 years old. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
Your License to Us. By submitting material (including, but not limited to, any text, photos, video or other content) to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via this Service, you grant us, and anyone authorized by us, including, without limitation, our Affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Materials Submitted by Other Users. We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings we may provide. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from an "expert" guest, or from a member of our staff.
RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE
Our Limited License to You. The content available through this Service is our property of or the property of our licensors or community members, and is protected by copyright, trademark and other intellectual property laws. You may share these materials on social media using the share buttons provided, and you are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner.
Links. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.
Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark.
Notice of Copyright Infringement/other claims. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us at firstname.lastname@example.org. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
If you believe that any published content constitutes disparagement or some other type of illegal activity, please email us at email@example.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Use at Your Own Risk. We provide the material available through this Service for informational purposes only. You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our community members or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
No Warranties. THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, SERVICE PROVIDERS, OUR LICENSORS, OR OUR COMMUNITY MEMBERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
DISPUTE RESOLUTION (the following to be considered an Arbitration Agreement between us and you)
You agree to arbitrate – rather than litigate in court – any and all claims or disputes between the parties (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of ours) that arise out of or in any way relate to this Service and products or services that we, our affiliates and/or our Service Providers (on our behalf) may provide to you in connection with your use of this Service; provided, however, that in no event shall this provision prevent you from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against us on your behalf. Arbitration will be binding and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding the above, you may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.
Class Action Waiver: You agree that all claims or disputes between us will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our arbitration agreement.
Informal Dispute Resolution: You and the Operators agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to firstname.lastname@example.org so that we can attempt to resolve it with you. If we do not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
Arbitration Procedures: You and the Operators agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can directly interact with others, such as email services, chat rooms, comments, communications tools, forums, and other public posting areas ("Communications Services"). For example, you may be able to upload content to participate in a contest or in news gathering on the Service, and you may be able to share content via social media, or send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in prohibited activities including but not limited to the following:
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Posting fraudulent content;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
- Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- "Stalking" or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means;
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.
You agree to indemnify and hold us and our Affiliates, Service Providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Service, violation of this visitor agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
GOVERNING LAW; JURISDICTION
This visitor agreement has been made in and shall be construed in accordance with the laws of the District of Columbia, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Washington, DC for all disputes arising out of or relating to this Agreement or this Service.