AOL Video Terms Of Service

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AOL Video Terms Of Service

Note: These Terms of Service have been updated effective September 30, 2007.

Welcome to the content, software, sites and services of AOL Video (the “Service” or “AOL Video”). AOL Video is provided by AOL Inc. and its affiliates (either “we”, “us” or “AOL” in this agreement).

By making purchases from us or by using AOL Video, you electronically agree that the following terms govern your use of the service (the “agreement”).

Please review this Agreement carefully. You are signifying that you consent to receive notices and updated terms from us electronically, to the terms of our privacy policy and to resolve any disputes with us in Virginia. You acknowledge that all content offered through the service is licensed, not sold, and subject to copyright protection. You may use such content only in accordance with this Agreement and the usage rules that accompany the content.

Do not use the Service if you do not agree to these terms:

1. THE SERVICE:

The Service offers digital video, movies, and related content from our websites (collectively, “Content”). As we explain below, all content is subject to Usage Rules and you may use the Service only with authorized software and equipment.

Any one or more of the following types of features may be available from the Service:

(a) Content that you may download and view (“Video Downloads”).
(b) Content that you may download and view for a specified, limited period of time (“Conditional Downloads”).
(c) Content that you may view on-demand as streaming video for a specified period of time.
(d) Packaged offerings, such as season passes.
(e) Content that you may download and burn to optical media or transfer to authorized portable devices.
(f) Access to an online marketplace to sell your own video content.

We have no obligation to offer on the Service any of the specific features listed above. Certain features or offerings may not be available in all geographic locations. We may change or discontinue the Service or any aspect, product offering or feature of the Service at any time and without notice. If certain features or offerings of the Service is modified, cancelled or terminated, any Content that you may have purchased or ordered from the Service may not be retrieved later from AOL.

2. PACKAGES:

We will offer the Service and Content at different price packages, which may range from single purchases to subscription plans. The level of features that will be available to you will depend on the price package selected by you. When you make a purchase, the terms of the price package will be binding on you. Purchases are final and non-refundable. You can find a description of the available Service packages, as such packages may exist and change from time to time, by going to the “Support” area on the Service located at www.AOLVideo.com. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotion to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee.

3. VIDEO PUBLISHING:

We may offer from time-to-time services in which users can sell their own videos through third party publishers (“Video Publishing Service”). If you elect to sell videos through the Video Publishing Service, the following terms apply to you. You will need to enter into a separate agreement with the third party video publisher (“Video Publisher”). Your agreement with the Video Publisher will set forth the terms of the sale of your video, including all terms related to the collection and payment of fees. You understand and agree that the Video Publisher and not AOL will be responsible for paying you the fees for the sale of any of your videos, including the sale of any of your videos distributed through AOL Video. As part of the Video Publishing Service, we may give you and your Video Publisher an option to promote your videos for sale on AOL Video. If you elect to offer videos for sale through the Video Publishing Service on AOL Video, the following terms apply to you:

  • You represent and warrant that (a) you own all necessary rights to the video content, including copyrights to both the video and audio components to the video content, (b) you are responsible for paying any license, guild or other fees to third parties for reproduction of the video content, (c) the distribution of your video on the Service will comply with all terms of this Agreement, and (d) you will comply with all terms of your agreement with the Video Publisher.
  • You grant us the right to publicly display, perform, transmit, distribute, copy and prepare derivative works of any video content you offer for sale on the Service through the Video Publishing Service for purposes of promoting such videos on the Service in any media format and through any media channels or search engines as determined by us.
  • You understand and agree that we have the right in our sole discretion to establish the final retail price of any video offered for sale on the AOL Video service through the Video Publishing Service.
  • You understand and agree that we have the right in our sole and exclusive discretion to alter or discontinue terms and conditions of sale or licenses offered to customer under the Video Publishing Service.
  • You understand and agree that we have the right in our sole and exclusive discretion to (a) accept or reject the promotion of any video offered for sale on the Service through the Video Publishing Service and/or (b) remove from the Service any video offered for resale through the Video Publishing Service for any reason and without notice to you.
  • You agree to indemnify us, our parent, affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses as provided in Section 23 below for any claim that may arise out of the distribution of your video on the Service.
  • We make no warranties or representation regarding the level of promotions, impressions, click through, sales, profitability or the amount of any revenue that you may earn through your participation in any Video Publishing Service.
  • In the event the Video Publishing Service includes functionality that enables you to limit geographical distribution of the Content (“Geographic Limitation Features”), you understand and agree that the Geographic Limitation Features are provided “AS IS” and may not be available at all times or geographic locations of your choosing. The Geographic Limitation Features may not meet your requirements and you use such features at your sole risk.

We may discontinue or modify the Video Publishing Service on AOL Video at any time, in our sole discretion. You assume all responsibility in making sure that you have a back-up of all video data that you elect to distribute through the Video Publishing Service. If certain features or offerings of the AOL Video Publishing Service on AOL Video is modified, cancelled or terminated, any data you have stored on the Video Publishing Service may not be retrieved later.

4. CONTENT OWNERSHIP:

The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We, our vendors, licensors and suppliers who provide the Content on the Service own the property rights to that Content. All rights in such Content are reserved with the owners of such Content. You may only use the Service subject to the terms of this Agreement and the Usage Rules that apply to the Content.

5. CONTENT LICENSE

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Content and Service subject to the terms of this Agreement and the Usage Rules that apply to such Content. You may not use the Service in a manner that exceeds the rights granted for your use of the Service and its Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may access, transfer or use the Service on such software, personal computers and/or devices as authorized by us and verified by us or our content delivery providers. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or the Service. Your license terminates immediately upon cancellation or termination of your Service or if we believe you are in violation of this Agreement.

6. USAGE RULES:

You understand and agree that Usage Rules apply to all content offered through the Service. The Usage Rules may include terms such as, but not limited to, the number of licenses that we may issue to you for each item of Content, the number of devices that may be simultaneously authorized to access the Service, any limitations on the number of times you may download or view Content, the number of times you may be permitted to “burn” Content on an optical device, the number of portable devices that may be simultaneously authorized to access the Service, whether any back up of Content is permitted, or any time limits on when you must download or view Content. You must download, transfer, back-up, and/or burn any final purchased videos within the time period specified at your time of purchase and before the availability of the Content or Service expires or terminates. For purchases made on and after September 30, 2007, your ability to download any Video Download will expire within seven (7) days after you make your purchase. Your ability to view Conditional Downloads will expire after the specified period of time or upon expiration or termination of the Service. Your right to reinstall any Content will depend on the specific terms, Usage Rules and licensing restrictions imposed by the providers of the Content; any reinstallation rights will terminate upon the expiration of the Service or the expiration of the availability of the Content. The availability of Content for download, viewing or reinstallation may change from time-to-time depending on our distribution rights from our Content providers or changes made to the Service, including without limitation, the discontinuance of any product offering. If you subscribe to package plan or other season plan, no refunds will be granted if you fail to download and/or view episodes after the expiration of the plan. Usages Rules may be reviewed on the Product Detail Page for any Content that you view or decide to purchase. You may also review information about Usage Rules by going to the “Support” area of the Service at www.AOLVideo.com, under “Help” and “FAQ.”

7. EQUIPMENT AND SOFTWARE:

You must provide at your own expense Internet access, compatible software and compatible equipment to access and use the Service. You must ensure that you meet the system requirements that we will disclose to you when you sign up for a Service. You may need to download from us certain software to use our enhanced features and the Service. Please go to the “Support” area located at www.AOLVideo.com for more information. You may need to obtain updates or upgrades from time to time in order to continue using the Service. We may modify system requirements or the Software at any time.

We make no warranty that any particular computer, portable device or other recording device will be compatible with the software and service that we provide to you, that any device using the software and service will function in all players, or that the service will work on the equipment and software used by you. Computers, portable media devices and their software must be compatible with the Windows Media Digital Rights Management (DRM) platform. You may need certain download management software to enable the downloading of Video Downloads and Conditional Downloads or to transfer video to portable devices. Please go to the “Support” area located www.AOLVideo.com for information on the minimum requirements that you must have for your equipment and software. We may modify the system requirements for the Service at any time.

8. DIGITAL RIGHTS MANAGEMENT:

The Service and Software include technology that protects and imposes limits your usage of video that you may download or view subject to the rights granted to the Service by our content providers (“Security Components”). You may not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the Security Components. The Service has an automated system that will identify and count the number of licenses that you have obtained from us. We collect this data to ensure compliance with this Agreement and the Usage Rules, and to pay royalties to the artists and copyright owners and use it only in accordance with the information practices of our applicable privacy policies. The Security Components are provided in part by our suppliers, such as Microsoft. From time to time, your Media Player Software may directly connect to an Internet site operated by Microsoft to upgrade the Security Components on your software. Please go to the Windows Digital Rights Management Privacy Statement for more information on how Microsoft tracks and upgrades the Security Components on your Media Player Software. We or our content providers may install on your hard drive one or more deletion mechanisms that delete Content that is outside the license period for such Content. This deletion mechanism will be required to be installed on your hard drive in order for you to download any Content. We and our content delivery providers may verify such installation pursuant to means designated solely by them. We and/or our content providers may also use the Security Components to revoke any licenses granted to you if we believe you are in violation of this Agreement.

9. OBJECTIONABLE CONTENT:

Certain Content may not be suitable to minors or other users. Such Content may or may not be identified as having explicit language. Therefore, you acknowledge that you are using the Service at your sole risk and that we have no liability to you for content that may be offensive. You are responsible for supervising the use of the Service by any minor.

10. CHANGES TO THIS AGREEMENT:

You agree that we can make changes to this Agreement at any time. We will provide at least thirty (30) days' notice before any material changes take effect. If you disagree with the changes to this Agreement, you must cancel your Service before the modifications take effect. Your ongoing use of any Service after the changes take effect signifies your agreement to the new terms.

11. YOUR REPRESENTATIONS:

You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Service only for lawful purposes, that you will comply with this Agreement, that you are providing complete and accurate information about yourself when you register with us, that you will keep your registration information current, and that you will not violate the terms of this Agreement.

12. REGISTRATION:

We may require that you register with us and obtain a User ID or Username (“Username”) in order to access and use the Service. This same Username may allow you to access many other online services offered by us and our affiliates (“AOL Services”). Your registration for a Username will be subject to separate terms and conditions, which you agree you will abide by when you use your Username with the Service or any other AOL Services. We also may reject the selection or use of any Username that we determine in our discretion is unacceptable for use with the Service.

13. YOUR INFORMATION:

You consent to the following information practices regarding your account and the choices that you can make about the use of your information when you transact with us (“Product information”). The AOL Network Privacy Policy explains the information practices that apply to your Product Information, as well as the choices you can make about the ways this information is used by us and our affiliated providers. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us. Your Product information may be shared with our parent and affiliated companies, including, AOL Inc. You agree that we may use your User ID to authenticate you on any service provided by us and our affiliates. Your use of other services, products, or third party offerings from our parent and affiliates are governed by their own privacy policies. If you are a member of the AOL Online Service (“AOL Member”), you agree that we may use your AOL Member information to verify your identity in connection with your purchase from us.

14. YOUR RESPONSIBILITIES:

The Service is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You are responsible for keeping your password confidential. You may use the Service for lawful purposes only. You may not submit or transmit through the Service any material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including our company and our employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates this Agreement, guidelines or any policy posted on any Service; or
  • interferes with the use of any Service by others.

You may not:

  • use the Service in any way that may damage, disable, overburden, or impair our servers or networks;
  • interfere with any other party's use and enjoyment of the Service; and
  • try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to the Service if we believe in our discretion you are violating this Agreement.

15. NO SPAM:

You may not use the Service or communication tools provided by us to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

16. ACCESS COSTS:

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Service. If you access the Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you.

17. FEES AND PAYMENT:

You agree to pay the applicable fees and charges for subscriptions and purchases that you make from us. All charges are non-refundable unless provided otherwise by us. We may limit the number of promotions for which you may be eligible in a given period. You must select a payment method to pay us for any subscription fees and all purchases made from us. You must give us accurate billing and payment information and keep this information up-to-date by going to the “Support” area on the Service at www.AOLVideo.com. We will bill you through the payment method that is associated with your account. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your Account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. We may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from us.

Every time you make a purchase or use the Service, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).

Any monthly service fees will be charged one month in advance and are not refundable. We will automatically charge your payment method for your monthly service charges, and any applicable fees and taxes, after the last day of the billing period. Any pre-paid services or other subscription plans, such as seasonal passes, will be subject to supplemental terms that will be disclosed to you when you make your purchase and that will supplement this contract.

We may offer quick checkout or default payment method features to store your payment information in order to make it easier for you to make purchases on AOL Services, including purchases from AOL Video. If you elect to use this quick checkout or default payment method feature for purchases, we will open a continuing account for you that will be associated with your Username and you agree that WE MAY RETAIN YOUR PAYMENT METHOD ON FILE AND CHARGE YOUR PAYMENT METHOD ON FILE WITH YOUR ACCOUNT FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT and pursuant to the terms of this Agreement. You understand and agree that you can change your payment method on file with your account by going to the “Support” area on the Service.

After 30 days from the date of any unpaid charges, your account will be deemed delinquent and we may terminate or suspend your account for nonpayment. We reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in its efforts to collect any remaining balances from you.

18. BILLING DISPUTES:

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or Credit Card Company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies. Please refer to the “My Account” area or “Support” area on www.AOLVideo.com for general billing information.

19. CONTENT YOU POST TO PUBLIC AREAS:

Certain areas of the Service may allow you to post or upload text, comments, video, audio and other material (generally, “Material”) that can be accessed and viewed by others, including the public in general. You may only post or upload Material to public areas on the Service that you created or that you have permission to post. You may not post or upload Material that violates this Agreement. We do not claim ownership of any Material that you may post. However, by submitting Material to public areas of the Service, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Material in any medium.

We are not liable for Material or Content that is provided by others. We have no duty to pre-screen Material or Content. We reserve the right to remove Material or Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet. Any dealings that you have with advertisers found on the Service are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

20. SOFTWARE:

We or our content providers and suppliers may provide you with software to use with the Service (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Service. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access the Service only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Service. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you are reserved by the owner of the rights in the Software.

We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.

Your Software license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software.

The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.

We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or the Service, although we may do so in our sole discretion.

21. DISCLAIMER OF WARRANTIES:

We provide the Service “as is”, “with all faults” and “as available.” We, our content providers and other suppliers (“Service Providers”) make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Service at your own risk.

In the event you obtain any equipment, hardware or other devices from us to use with the Service (“Devices”), we will pass through any manufacturer warranties for such Devices (if applicable) and, at our discretion, we may offer from time to time other limited warranties or return policies on a particular Device (“Return Policy”). The Limited Warranty PROVIDED BY THE MANUFACTURER AND ANY APPLICABLE return policy are YOUR SOLE REMEDIES FOR ANY DEVICE PURCHASED FROM US and are expressly in lieu of all other warranties, either express or implied, including without limitation, all implied warranties of merchantability and fitness for a particular purpose.

22. LIMITATION OF LIABILITY:

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE SERVICE OR SERVICE PROVIDERS IS TO DISCONTINUE YOUR USE OF THE SERVICE OR TO CANCEL ANY SUBSCRIPTION THAT YOU MAY HAVE WITH US. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDCERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.

23. TERMINATION AND CANCELLATION:

Unless you are on a plan that requires a time commitment, you may cancel a subscription that you may have with a Service at any time, for any reason. Please go to the “Support” area for the Service at www.AOLVideo.com for instructions on how to cancel a subscription. If you are participating in any trial period offer, you must cancel the Service before the end of the trial period to avoid incurring charges. Certain services may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer.

We may cancel or suspend access to your Service at any time, without cause and/or without notice. Your right to use the Service will end once your Service is cancelled or terminated, and any data you have stored on the Service may be unavailable later. You remain responsible for paying any amounts owed on your account at the time your Service and/or account is terminated or cancelled.

24. INDEMINIFICATION:

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

25. ELECTRONIC CONTRACTING AND NOTICES:

Your affirmative act purchasing or registering for our Service constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” (or “Terms of Use”) link on the home page of www.AOLVideo.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

26. ENTIRE AGREEMENT:

This Agreement and any Usage Rules, price package offers, supplemental terms, policies, rules and guidelines posted on the Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

27. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES:

You agree that the law of the Commonwealth of Virginia governs this contract and any claim or dispute that you may have against us, without regard to Virginia's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE jurisdiction OF, and venue IN, state or federal courts in THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

28. ASSIGNMENT:

We may assign this contract at any time without notice to you. You may not assign this contract to any one else.

29. PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please review our Procedures for Making Claims of Copyright Infringement for instructions on how to contact us to report possible copyright infringement.

30. AOL VIDEO; RIGHTS OF CONTENT PROVIDERS:

You agree that any licensor or provider of the Content on the Service is a third party beneficiary of this Agreement (“Licensor”), and that such Licensor will have the right to enforce such provisions in its own name, whether at law or in equity, to the same extent as if such Licensor was a party to this Agreement. You agree that you will not raise lack of privity as a defense against any Licensor seeking to enforce the provisions of this Agreement.

 

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Last updated: 06-10-2014
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