Terms of Service
Connected ventures in willing to provide you with limited access to the Life Quint through the website and make available Life Quint products and services to you only upon the condition which you accept all of the terms and conditions set forth herein, on any registration or order form received by you from connected ventures or its affiliates in connection with the Life Quint and on any documents referenced herein or any additional terms and conditions that can be viewed either on the pages containing any services or offerings, or via a link on the ones pages or other directions to the additional terms and conditions (collectively, the “agreement”).
If you do not agree to the terms and conditions of this agreement, promptly cease accessing or otherwise the use of the Life Quint, and/or exit this web page before downloading, accessing, using, subscribing or installing the Life Quint technology or purchasing products and services from Life Quint.
By accessing Life Quint, you are entering into an agreement with Life Quint, and accept and agree to be bound by each and all of these Terms of Service. Life Quint may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this website. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.
The Life Quint is owned and operated by Connected Ventures and its licensors and is protected by copyright and other intellectual property laws under the United States and international laws and treaties – Copyright 2006 Connected Ventures, LLC. All rights reserved. The compilation and arrangement of all content, data and other information found within the Life Quint are also the sole and exclusive property of Connected Ventures and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the CollegeHumor Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Connected Ventures and its licensors and fully protected under U.S. and international intellectual property laws.
OTHER USERS’ INTELLECTUAL PROPERTY RIGHTS
- for your information and personal use;
- as intended through the normal functionality of the Website; and
- for Streaming.
“Streaming” means a digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
Moreover, in regards to the export functionality of the Life Quint player, you represent and warrant that, you will not embed Your Content or other users’ content on any website that or include any element that (1) breaches any intellectual property rights of any third parties or (2) constitutes an injury to any person (including defamation, slander, abuse, etc…) or to any third party’s privacy rights or (3) encourages violence or hatred against any individual or group, or cruelty to animals (4) or contains sexually explicit or highly suggestive content or (5) encourages drug use or any illegal activity (6) constitutes a threat to public order or standards of decency and good morals or (7) violates any applicable laws.
OUR LIABILITY AS HOST
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.
REGISTRATION AND ACCESS
If you register on Life Quint, you will receive a Life Quint password and identification upon completing the Life Quint registration process for the services portion of Life Quint. You are responsible for maintaining the confidentiality of the Life Quint identification and password and are fully responsible for all activities that occur under your password. You agree to (i) immediately notify Life Quint of any unauthorized use of your Life Quint password or identification or any other breach of security, and (ii) ensure that you exit from your Life Quint identification at the end of each session. Life Quint cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
USE OF THE LIFE QUINT
You agree to not use Life Quint to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Life Quint official, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Life Quint; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights (“Intellectual Property Rights”) of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of Life Quint are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (x) interfere with or disrupt Life Quint or its servers or networks connected to Life Quint, or disobey any requirements, procedures, policies or regulations of networks connected to Life Quint; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) “stalk” or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that Life Quint does not pre-screen content, but that Life Quint and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via Life Quint. Without limiting the foregoing, Life Quint and its designees shall have the right to remove any Content (as defined below)that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that Life Quint may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Life Quint, its users and the public. You understand that the technical processing and transmission of Life Quint, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Any and all trademarks displayed within the Life Quint are owned by Connected Ventures, its licensors or its affiliates, or are the property of third parties (in which case Connected Ventures makes no claim of ownership rights therein).
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Connected Ventures. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Connected Ventures or its licensors, including, but not limited to, all parts of the Life Quint and any other materials or information related to the business or activities of Connected Ventures that are not generally known to others engaged in similar businesses or activities.
You agree to indemnify and hold harmless Life Quint, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and its successors, licensees and assigns from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, or transmit through Life Quint, your use of Life Quint, your connection to Life Quint, your violation of the Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another.
NO RESALE OF LIFE QUINT SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Life Quint, use of Life Quint, or access to Life Quint.
TERMINATION BY LIFE QUINT
You agree that Life Quint, in its sole discretion, may terminate your Life Quint identification, password, membership (or any part thereof) or use of Life Quint, and remove and discard any content within Life Quint, for any reason, including, without limitation, for lack of use or if Life Quint believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Life Quint may also in its sole discretion and at any time discontinue providing Life Quint, or any part thereof, with or without notice. You agree that any termination of your access to Life Quint under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Life Quint may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Life Quint. Further, you agree that Life Quint shall not be liable to you or any third- party for any termination of your access to Life Quint.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Life Quint, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Life Quint shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Life Quint.
We may provide links to some of other websites that we believe can offer you useful information and services. however, we aren’t liable for the privacy policies of or any actions of any third parties that manipulate the activities of such third party websites. We suggest contacting the relevant parties controlling these websites or accessing their online policies for the relevant data about their data collection.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that: (i) your use of Life Quint is at your sole risk. Life Quint. is on an “as-is” and “as-available” basis. Life Quint expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (ii) Life Quint makes no warranty that (a) Life Quint will meet your requirements, (b) Life Quint will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of Life Quint will be accurate or reliable, (d) the quality of any services, information, or other material purchased or obtained by you through Life Quint will meet your expectations, and (e) any errors in the software will be corrected. (iii) any material downloaded or otherwise obtained through the use of Life Quint is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (iv) no advice or information, whether oral or written, obtained by you from Life Quint or through or from Life Quint shall create any warranty not expressly stated in the terms of service.
LIMITATION OF LIABILITY
You expressly understand and agree that Life Quint shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if heavy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Life Quint; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Life Quint; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Life Quint; or (v) any other matter relating to Life Quint.
This Agreement constitutes the entire agreement between you and Connected Ventures with respect to the subject matter addressed herein, and governs your access to and use of the Life Quint, superseding any prior agreements between you and Connected Ventures relating to such subject matter, but this Agreement may be supplemented by any other written agreement you enter into with Connected Ventures pursuant to your enrollment and/or participation in other features of the Life Quint.
Notices to you may be made via either e-mail or regular mail. Life Quint may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on Life Quint.
AVAILABILITY OF THE WEBSITE
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavors, we shall not be liable for damage of any kind due to the Website being unavailable.
Life Quint’s logos, trademarks and service marks, and other Heavy Inc. logos and product and service names are trademarks of Life Quint (the “Life Quint Marks”). Without Life Quint’s prior permission, you agree not to display or use in any manner, the Life Quint Marks.
Life Quint respects the Intellectual Property of others, and Life Quint asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Life Quint the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) 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; (vi) 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. Any claims of copyright infringement on Life Quint can be sent to email@example.com.
Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Connected Ventures’ or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Connected Ventures and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Connected Ventures. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Connected Ventures reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.