Terms of Use
1. Your Acceptance
BY USING AND/OR
VISITING THIS WEBSITE (collectively, including all Content available through
the WatchMi.com domain name, the "WatchMi Website", or
"Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
YOUTUBE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.watchmi.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the WatchMi
Website.
2. WatchMi Website
These Terms of
Service apply to all users of the WatchMi Website, including users who are also
contributors of video content, information, and other materials or services on
the Website. The WatchMi Website may contain links to third party websites that
are not owned or controlled by WatchMi. WatchMi has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, WatchMi will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly
relieve WatchMi from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the WatchMi Website and to read the terms and conditions and privacy policy of
each other website that you visit.
3. Website Access
A. WatchMi
hereby grants you permission to use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without WatchMi's prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to
access some features of the Website, you will have to create an account. You
may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account
password secure. You must notify WatchMi immediately of any breach of security
or unauthorized use of your account. Although WatchMi will not be liable for
your losses caused by any unauthorized use of your account, you may be liable
for the losses of WatchMi or others due to such unauthorized use.
C. You agree not
to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses the Website in a manner that sends more request messages to the
WatchMi servers in a given period of time than a human can reasonably produce
in the same period by using a convention on-line web browser. Notwithstanding
the foregoing, WatchMi grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. WatchMi reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from the
Website, nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on
the WatchMi Website, except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to WatchMi, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the
respective owners. WatchMi reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of
the WatchMi Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the WatchMi Website or the Content
therein.
6. Warranty Disclaimer
YOU AGREE THAT
YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT
SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER ORNOT THE COMPANY IS 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.
YOU SPECIFICALLY
ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by WatchMi from its facilities in the United States of
America. WatchMi makes no representations that the
WatchMi Website is appropriate or available for use in other locations. Those
who access or use the WatchMi Website from other jurisdictions do so at their
own volition and are responsible for compliance with local law.
8. Indemnity
You agree to
defend, indemnify and hold harmless WatchMi, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
WatchMi Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the WatchMi
Website.
9. Ability to Accept Terms of Service
You affirm that
you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of
13, as the WatchMi Website is not intended for children under 13. If you are under 13 years of age, then please do not
use the WatchMi Website—there are lots of other great web sites for you. Talk
to your parents about what sites are appropriate for you.
10. Assignment
These Terms of
Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by WatchMi without restriction.
11. General
You agree that:
(i) the WatchMi Website shall be deemed solely based in New York; and (ii) the WatchMi
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over WatchMi, either specific or general, in jurisdictions other
than New York. These Terms of Service
shall be governed by the internal substantive laws of the State of New York, without respect to its
conflict of laws principles. Any claim or dispute between you and WatchMi that
arises in whole or in part from the WatchMi Website shall be decided exclusively
by a court of competent jurisdiction located in Kings County, New York. These Terms of Service,
together with the Privacy Notice at http://www.watchmi.com/privacy and any
other legal notices published by WatchMi on the Website, shall constitute the entire
agreement between you and WatchMi concerning the WatchMi Website. If any
provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and
WatchMi's failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. WatchMi reserves the
right to amend these Terms of Service at any time and without notice, and it is
your responsibility to review these Terms of Service for any changes. Your use
of the WatchMi Website following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND WATCHMI
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WATCHMI WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
