Last Updated: February 18, 2016
*** PLEASE READ THIS DOCUMENT CAREFULLY. Teem Media House, Inc. (collectively “TEEM”, “iLoveSkydiving.org”, “we”, “us”, “our”) offers an online video and photo sharing platform and community through its website located at JoinTheTeem.com (the “TEEM Site”) and related domains, mobile applications, desktop applications, and PC television applications (collectively, the “TEEM Service”). By registering as a member or by using the TEEM Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and TEEM. If you do not wish to be bound by this Agreement, do not use the TEEM Service. ***
1. Who May Use the TEEM Service
AGE REQUIREMENT: You must be at least 13 years old to use the TEEM Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the TEEM Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the TEEM Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the TEEM Service. If your child is using the TEEM Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TEEM Service is appropriate for your child, please contact us at email@example.com.
WARNING: Even if you are old enough to use the TEEM Service and/or have your parent’s or guardian’s permission, some of the content available within the TEEM Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the TEEM Service
LICENSE: TEEM grants you a limited, non-exclusive license to access and use the TEEM Service for your own personal, non-commercial purposes. This includes the right to view content available on the TEEM Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by TEEM in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TEEM Service. Nor will you take any measures to interfere with or damage the TEEM Service. All rights not expressly granted by TEEM are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the TEEM Service, you must register as a member by providing a first name, valid email address and password. You must provide complete and accurate registration information to TEEM and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the TEEM Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately firstname.lastname@example.org.
OTHER PURCHASES: Purchases of other products and services through the TEEM Service may be subject to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the TEEM Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the TEEM Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: TEEM may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TEEM determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TEEM’s reputation and goodwill. If TEEM deletes your account for the foregoing reasons, you may not re-register for the TEEM Service. TEEM may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TEEM will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. TEEM shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money making ventures; or
- Violates any law.
8. Code of Conduct
In using the TEEM Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the TEEM Site (unless you are an official TEEM partner or advertiser and have a written agreement with TEEM).
TEEM has the right, but not the obligation, to monitor all conduct on and content submitted to the TEEM Service.
9. Licenses Granted by You
9.1 Media Content
LICENSE TO TEEM: As between you and TEEM, you own the various media content that you submit to the TEEM Service, including, but not limited to, videos, photographs, images, artwork, graphics, music and audio clips (collectively, “Content”). By submitting Content, you grant TEEM and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content for the purpose of (i) displaying the Content within the TEEM Service; (ii) displaying the Content on third party websites and applications through a video embed or TEEM’s API subject to your Content privacy choices; (iii) allowing other users to play, download, and embed on third party websites the Content, subject to your Content privacy choices; (iii) promoting the TEEM Service, provided that you have made the Content publicly available; and (iv) archiving or preserving the Content for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the TEEM Service permission to view your Content for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the Content solely to the extent necessary to view the Content. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your Content from the TEEM Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed Content may be cached in search engine indices after removal and that TEEM has no control over such caching.
9.2 Non-Media Content
As between you and TEEM, you own all non-media content that you submit to the TEEM Service. You grant TEEM and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-media content. In addition, you waive any so-called “moral rights” in your non-media content. You further grant all users of the TEEM Service permission to view your non-media content for their personal, non-commercial purposes. If you make suggestions to TEEM on improving or adding new features to the TEEM Service, TEEM shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TEEM and grant the licenses set forth above; (ii) TEEM will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless TEEM and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TEEM Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TEEM violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
TEEM respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at email@example.com for intellectual property claims.
TEEM reserves the right to modify the TEEM Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TEEM Service. TEEM has no obligation to screen or monitor any Content and does not guarantee that any Content available on the TEEM Service complies with this Agreement or is suitable for all users.
TEEM provides the TEEM Service on an “as is” and “as available” basis. You therefore use the TEEM Service at your own risk. TEEM expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TEEM makes no representations or warranties:
- That the TEEM Service will be permitted in your jurisdiction;
- That the TEEM Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the TEEM Service or will be stored by TEEM; or
- That the TEEM Service will meet your business or professional needs;
- That TEEM will continue to support any particular feature of the TEEM Service; or
- Concerning sites and resources outside of the TEEM Service, even if linked to from the TEEM Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TEEM Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) TEEM 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; and (ii) TEEM’s total liability to you shall not exceed the amounts paid by you to TEEM over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the TEEM Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. TEEM is not the primary producer of the visual Content contained in the TEEM Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the TEEM Service must be commenced in the province or federal courts located in Toronto, Ontario, Canada (and you consent to the jurisdiction of those courts). In any such action, TEEM and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TEEM in exercising any right hereunder will waive any further exercise of that right. TEEM’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TEEM’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TEEM electronically. TEEM may provide all such communications by email or by posting them on the TEEM Service. For support-related inquiries, you may send an email to firstname.lastname@example.org. You may send notices of a legal nature to TEEM at email@example.com or the following address:
Gravitee Media Inc.
10 Laidlaw St, Unit 732
Toronto, Ontario M6K 1X2
Attention: Legal Department
Nothing herein shall limit TEEM’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TEEM on the TEEM Site or a written amendment signed by an authorized representative of TEEM. A revised Terms of Service will be effective as of the date it is posted on the TEEM Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between TEEM and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT. Have a nice day.