1. PERSONS UNDER THE AGE OF 18
All materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that YVEnt Roband and or its authorized third party providers make generally available ("Site ontent") or make available only to registered users pursuant to a fee based license pursuant to Section 4(b) ("Premium Content") are intended only for those persons over the age of 18 or ages 13 to 18 who have received consent from their parent or guardian. (Site Content and Premium Content shall be collectively referred to as "Content"). As such, in order to register for the Services and/or download any of the Premium Content available through the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian. If you are under the age of 13, please exit our Website.
2. ACCEPTANCE OF TERMS AND REGISTRATION.
a. Complying with Terms
b. Password Security.
When creating an Account you may be asked to submit your email address and a password. You will be responsible for maintaining the confidentiality of your password. You are responsible for all activity on the Services under your Account, including the activity of those individuals to whom you have provided your email address and password. You agree that you will (i) immediately notify YVEnt Roband by one of the means specified in Section 18(e) of any unauthorized use of your email address or password and (ii) ensure that you properly exit the Services at the completion of your session. YVEnt Roband shall not be liable for any loss or damage arising from your Account or your failure to comply with these requirements.
3. PAYMENT FOR PREMIUM CONTENT.
YVEnt Roband charges a license fee each time you download Premium Content through the Service ("License Fee"). The License Fee price will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit card and you hereby authorize YVEnt Roband and/or its authorized agent, to transact such payments on your behalf as license fees accrue. In addition, if you authorize us to do so, we will retain your credit card information in our database to facilitate your checkout process for future Premium Content downloads. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Premium Content from the Services as stolen, or you fraudulently report that an authorized charge by YVEnt Roband and/or its authorized agent is unauthorized, YVEnt Roband may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Services.
4. LICENSE TO SITE CONTENT AND PREMIUM CONTENT.
a. Site Content License.
YVEnt Roband grants you a non-exclusive, non- transferable, limited right and license to access, use and privately display the Site Content for your personal use only, by way of one (1) computer connected to the Services over the internet, provided that you comply fully with this Agreement. You may "cache" pages of the Website for the sole purpose of increasing the speed and efficiency at which you access the Website in the future; however any other copy or use of a portion of the Website will constitute a copyright violation unless specifically provided for herein.
b. Premium Content License.
Upon payment of the License Fee, YVEnt Roband will grant you a non-exclusive, non-transferable, limited right and license to download, use and privately display in your Residence or for Permitted Non- Residential Use, the Premium Content purchased by you, by way of one (1) computer connected to the Services over the Internet, provided that you comply fully with this Agreement. YVEnt Roband will save the Premium Content to your hard drive. You shall not be permitted to copy or move the Premium Content from its originally stored location on your hard drive. THIS LICENSE TO THE PREMIUM CONTENT IS LIMITED IN ITS TERM AND DURATION TO THIRTY (30) DAYS FROM ITS ORIGINAL DATE AND TIME OF DOWNLOAD OR TWENTY-FOUR (24) HOURS FROM THE START OF ITS INITIAL DISPLAY AND VIEWING, WHICHEVER OCCURS FIRST, UNLESS OTHERWISE SPECIFIED AS BEING LIMITED TO A SHORTER TERM AT THE TIME OF PURCHASE. YOU UNDERSTAND AND AGREE THAT THE YVENT ROBAND PERSONAL KIOSK SOFTWARE WILL AUTOMATICALLY DELETE EXPIRED PREMIUM CONTENT FROM YOUR HARD DRIVE WITHOUT FURTHER NOTICE TO YOU AND THAT YOU WILL NOT BE ABLE TO ACCESS AND VIEW SUCH PREMIUM CONTENT UPON EXPIRATION OF THE LICENSE TERM. For purposes of this Section 4(b) the following definitions apply, (i) "Residence" shall mean a private, residential dwelling unit or a private individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by one or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non- Residential Venue; provided, however, that any such viewing for which an access fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a "Permitted Non- Residential Use"; and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence.
You may not: (i) frame or link to the Website except as expressly permitted in writing by YVEnt Roband; (ii) permit unauthorized individuals to use the Services; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or any portion thereof; (iv) copy the Content or any portion thereof, except as specifically provided for herein; (v) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Content to any third party; (vi) remove any proprietary notices or labels on the Content; (vii) use the Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (viii) use the Services or Content for any commercial or illegal purpose; (ix) use the Services to invade the privacy of, or obtain personal information about, any YVEnt Roband account holder or user, or to obtain a list of YVEnt Roband account holders or users; (x) copy, modify, erase or damage any information contained on the Services, or any third party servers; (xi) use the Services to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (xii) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Services; (xiii) use the Services to post or transmit any unsolicited advertising or promotional materials; (xiv) access or use any password protected, secure or non- public areas of the Services except as specifically authorized in writing by YVEnt Roband (unauthorized individuals attempting to access these areas of the Services may be subject to prosecution); (xv) impersonate or misrepresent your affiliation with any person or entity; (xvi) interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs; or (xvii) attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software (including without limitation the tools that delete downloaded content for which the license rights have expired).
5. MINIMUM SPECIFICATIONS.
The Services will operate only on those hardware and software platforms specified on the YVEnt Roband Website. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Services. YVEnt Roband reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
b. Modification of Services.
a. Title to Site Content.
YVEnt Roband is the exclusive owner and proprietor of the Services. The Site Content is owned by YVEnt Roband and/or its licensors and content providers, and is protected by applicable domestic and international copyright laws. "YVEnt Roband" is a trademark and/or service mark ("Marks") belonging to YVEnt Networks, Inc. Any unauthorized use of these Marks is strictly prohibited.
b. Title to Premium Content.
The Premium Content served by YVEnt Roband or third parties through the Services is the property of YVEnt Networks, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Premium Content is the property of either YVEnt Networks or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Premium Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Premium Content.
a. Termination for Breach.
b. Termination for Any Reason.
YVEnt Roband will make available to you on its Website and on certain third party websites with which it does business a downloadable version of the YVEnt Roband Personal Kiosk Software and any available updates which it generally releases (collectively, "Software"). In the event you access or download Software from the Services, such Software is licensed to you by YVEnt Roband or an YVEnt Roband approved third party software provider pursuant to the Software License Agreement accompanied with such Software. Under no circumstances shall title to the Software be transferred to you by YVEnt Roband or an approved third party software provider. You own the medium on which the Software is recorded, but YVEnt Roband and/or its approved third party software provider retains full and complete title to the Software, and all intellectual property rights therein.
10. UNSOLICITED SUBMISSIONS.
YVEnt Roband is pleased to hear from its customers and welcomes your comments regarding YVEnt Roband products, including YVEnt Roband's online services. YVEnt Roband's company policy allows it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by YVEnt Roband's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork, unless a specific agreement is signed by you prior to your submission. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials until a submission agreement is signed. If, at our request, you send certain specific submissions or, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of YVEnt Roband. None of the Submissions shall be subject to any obligation of confidence on the part of YVEnt Roband, and YVEnt Roband shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, YVEnt Roband shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
11. NON-UNITED STATES RESIDENTS.
The Services are available only to customers located in the United States of America, excluding its territories. If you are outside of the United States of America, kindly refrain from using the Services. YVEnt Roband makes no representation that the Services and any content or products offered on the Services and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than in the United States of America.
12. LINKS FROM THE WEB SITE.
The Services contain links through advertising and otherwise, to various third party web sites and other resources ("Linked Entities"). These Linked Entities (other than www.myRoband.com) are not under the control of YVEnt Roband and YVEnt Roband is not responsible or liable for the content, communications or materials of any Linked Entities. YVEnt Roband is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by YVEnt Roband of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Link d Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties.
13. COPYRIGHT NOTICE.
You may not use the Services to help you infringe the copyrights of any third party. You agree that you shall only use the Services in a manner that violates no third- party rights and that complies with all applicable laws in the jurisdiction in which you use the Services, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. If you believe that any content appearing on the Services has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Copyright Agent YVEnt Roband
6580 Via Del Oro
San Jose,CA 95119
Attn: YVEnt Roband, Legal Department
Fax: (702) 537-6788
YVEnt Roband seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law.
You shall, at your own expense, defend YVEnt Roband, its suppliers and affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against YVEnt Roband, its suppliers and/or affiliates which arises out of, results from or is related to any breach by you of this Agreement. You shall indemnify and hold YVEnt Roband, its suppliers and its affiliates harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.
15. NO WARRANTY.
You acknowledge that the Services are provided "AS IS" and "WITH ALL FAULTS." YVEnt Roband, its suppliers and affiliates make no warranty as to the Services and/or their availability and the entire risk except as provided in Section 16 as to the quality and performance of the Services is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YVENT ROBAND, ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If a defect in the Services prevents you from viewing certain Premium Content with a valid license which you downloaded from YVEnt Roband, YVEnt Roband will, at its option, either (a) make available for download a patch, update or replacement repairing such defect in the Services or (b) refund to you the price you paid for such Premium Content. To the maximum extent permitted under applicable law, such repair, replacement or refund is YVEnt Roband's, its suppliers' and its affiliates entire liability and your exclusive remedy, in contract, tort or otherwise, relating to the Services.
17. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
IN NO EVENT SHALL YVENT ROBAND, ITS SUPPLIERS OR ITS AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF YVENT ROBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF YVENT ROBAND, ITS SUPPLIERS OR AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
a. No Assignment.
b. Governing Law.
If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect.
d. Intellectual Property Notice.
The Site Content is Copyright © YVEnt Networks, Inc. All Rights Reserved. YVEnt Roband, the YVEnt Roband design, and the YVEnt Roband trade dress are trademarks in the U.S. and other countries of YVEnt Networks, Inc. Other products and company names mentioned on the Website may be trademarks of their respective owners.
e. Customer Contacts.
f. Injunctive Relief.
Each party agrees that a breach of the license rights granted hereunder and/or the restrictions thereon, or a breach of the confidentiality provisions hereof, may result in irreparable harm and significant injury to the other which may be difficult to ascertain. Accordingly, each party agrees that the other shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to such party at law or in equity. You expressly agree that jurisdiction for relief sought under this Section shall reside exclusively in the federal and state courts of Los Angeles, California.
h. Compliance with Laws.
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this Agreement, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content and the Software are not exported in violation of the United Stateslaws.