Effective as of: August 4, 2008

Welcome to FORA.tv!

FORA.tv, Inc. makes public lectures, fora, symposia and other spoken word events accessible online via our website located at www.fora.tv ("Site") and through other media distribution outlets (the "Services").  Please read the following important terms and conditions ("Terms of Use") carefully.  These Terms of Use govern your access to and use of the Site and Services, including without limitation any content, information or products therein.  This is a legal agreement between you and FORA.tv. Please see the FORA.tv Privacy Policy for information on our information collection and use practices.

BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN) OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

1.   Modification of the Site or Terms of Use

FORA.tv reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services or modify these Terms of Use without notice.  All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law).  If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your FORA.tv account.  By continuing to access or use the Site and Services after FORA.tv makes any such revision, you agree to be bound by the revised Terms of Use.

2.   Content

Certain types of content are made available through the Site. "Content" as used in these Terms of Use means, collectively or individually, any text, data, graphics, images and video files made available through the Site, excluding User Submissions.  "User Submissions" as used in these Terms of Use means, collectively or individually, any text, data, graphics, images, photos and video files and other content and information that Subscribers post, upload and otherwise transmit to the Site, including without limitation, in discussion groups, message boards and Subscriber-created profile pages. 

3.   Registration

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a FORA.tv account thereby becoming a "Subscriber".  To become a Subscriber and register with us you must be at least 13 years of age.  When you register, you will be asked to choose a user name and a password.  You are responsible for safeguarding your password and you agree not to disclose your password to any third party.  You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions.  You shall immediately notify FORA.tv of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

This Site is not directed to children under 13.  If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us.  If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

4.   Subscription Fees and Billing

At this time, the Site and Services are offered for free at no cost to you.  FORA.tv may decide at any time, at its sole discretion, to collect fees related to use of the Site and Services, including, but not limited to, fees for viewing Content and for using the Site in general.  You will be given notice of the for-a-fee service’s activation by our posting a notice on the Site and will have the opportunity to agree to updated Terms of Use and rates before being charged.

5.   Termination; Cancellation

FORA.tv may at any time suspend or terminate your FORA.tv account or refuse to provide access to the Site with or without reason or notice to you.  In addition, without limiting the rights and remedies available to FORA.tv, FORA.tv may restrict or terminate your account without notice to you if: (i) FORA.tv suspects that you have failed to comply with any provision of these Terms of Use or any policies or rules established by FORA.tv; or (ii) FORA.tv suspects that your actions may be illegal or cause liability, harm or disruption for you, FORA.tv, other users or the Site or Services.

You may terminate your FORA.tv account at any time and for any reason by contacting us.  Any suspension, termination or cancellation shall not affect your obligations or FORA.tv’s rights under the following Sections 6 through 15, which by their sense and context are intended to survive such suspension, termination or cancellation.

6.  Third Party Links

The Site may provide links to third party websites or resources from the Site.  You acknowledge and agree that FORA.tv is not responsible or liable for the availability or accuracy of, and FORA.tv does not endorse, such websites or resources or the content, products or services on or available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7.   Intellectual Property Rights and Ownership

a.         Content.  You may access and use the Site, Services and Content for your own personal non-commercial use.  Subject to the foregoing sentence, you have the right to download content (as offered on the Site) or stream such content to a media device for your personal non-commercial viewing.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and other than as set forth in this section 7(a) you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Content or User Submissions (other than your User Submissions).  FORA.tv and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions. 

b.         User Submissions.

(i)         LicenseGrant.  FORA.tv does not claim ownership rights in your User Submissions.  However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to FORA.tv, on the Site or through the Services you hereby grant and agree to grant FORA.tv a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites.  You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to FORA.tv.  FORA.tv shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by FORA.tv, including all worldwide intellectual property rights therein.  You agree to execute and deliver such documents and provide all assistance reasonably requested by FORA.tv to give to FORA.tv the full benefit of the rights granted to FORA.tv by you.

(ii)         Limitations.  You acknowledge and agree that FORA.tv may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on FORA.tv’s servers.  FORA.tv shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions. You acknowledge that FORA.tv has no obligation to host any User Submissions or Content and in the exercise of its sole discretion may at anytime refuse to do so.

(iii)        Disclaimer.  FORA.tv does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and FORA.tv expressly disclaims any and all liability in connection with User Submissions.  You understand that when using the Site and Services, you will be exposed to User Submissions from a variety of sources, and that FORA.tv is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FORA.tv with respect thereto.

8.   Restrictions

As a condition to your access and use of the Site, Content or Services, and in connection to such access or use, you agree not to:

1. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.
2. Post, upload and otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret or other intellectual property right or moral right or right of publicity);
3. Use any meta tags or other hidden text or metadata utilizing a FORA.tv name, trademark, URL or product name;
4. Post, upload and otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
5. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
6. Post, upload or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of FORA.tv;
7. Post, upload or otherwise transmit any User Submissions that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
8. Post, upload or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
9. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site,  servers or networks connected to the Site or the technical delivery systems of FORA.tv’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
10. Attempt to probe, scan or test the vulnerability of any FORA.tv system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
12. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by FORA.tv or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
13. Collect or store personal data about other users without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
15. Violate any applicable law, regulation or ordinance; or
16. Use the Site or Services in any manner not permitted by this Agreement.

9.   Enforcement of Terms

FORA.tv reserves the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law.  FORA.tv reserves the right to involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that FORA.tv has no obligation to pre-screen or monitor your access or use of its Site, Content, Services or User Submissions, but has the right to do so for the purpose of operating this Site and Services to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.  You hereby agree that FORA.tv may, in the exercise of FORA.tv’s sole discretion, remove or delete any Content or User Submissions or portions thereof that violate these Terms of Use or that is otherwise objectionable. 

10.  Copyrighted Materials: No Unauthorized Use

 

YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.  FORA.tv has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of FORA.tv Subscribers who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FORA.tv’s Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

a.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.     Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;

c.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FORA.tv  to locate the material;

d.     Information reasonably sufficient to permit FORA.tv  to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

e.     A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

f.      A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

g.     FORA.tv’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

CopyrightAgent

c/o FORA.tv, Inc.

1550 Bryant Street, Suite 700

            San Francisco, CA  94103

Contact

Upon receipt of notice as described above, FORA.tv will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the FORA.tv Subscriber’s account.

11.   Disclaimer of Warranties

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.  FORA.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.  FORA.tv disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected.  No advice or information, whether oral or written, obtained by you from FORA.tv, shall create any warranty not expressly stated in this Agreement.  Some states or jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above exclusions may not apply to you.

12.  Limitation of Liability

IN NO EVENT SHALL FORA.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT OR USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FORA.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FORA.TV’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

13.   Indemnification

You agree to defend, indemnify, and hold FORA.tv, its officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. 

14.   General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of FORA.tv and any prohibited assignment will be null and void.  FORA.tv may assign these Terms of Use or any rights hereunder without your consent.  The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee or joint venturer of the other.  These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and FORA.tv’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and FORA.tv.  These Terms of Use together with the rules and policies of FORA.tv constitutes the entire agreement between FORA.tv and you with respect to the subject matter hereof.  Any notice or other communication to be given hereunder will be in writing and given (a) by FORA.tv via email (in each case to the address that you provide), (b) a posting on the Site or (c) by contacting us or to such other addresses as FORA.tv may specify in writing.  The date of receipt shall be deemed the date on which such notice is transmitted.

15.    Feedback

Your feedback is welcome and encouraged. You may submit feedback by contacting us. You agree, however, that (i) by submitting unsolicited ideas to FORA.tv or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to FORA.tv or any of its employees or representatives automatically become the property of FORA.tv. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to FORA.tv together with all intellectual property rights therein. 

If you have questions about these Terms of Use or about the Services, please contact FORA.tv or by sending a written request to Questions TOS, FORA.tv, Inc., 1550 Bryant Street, Suite 700, San Francisco, CA  94103