3doo Terms of Service

In order to use the 3doo platform you need to accept these Terms of Service.

Terms of Service V.106

The following Terms of Service (“TOS” or “Agreement”) governs all use of the 3doo Services and Member Accounts, your use of video submissions (“Content”), the 3doo website (“Website”), the 3doo platform (“Platform”) and are between you (“you/your”) and 3doo, Inc. (“us/we/our”). This Agreement constitutes a legal agreement that governs your use of the Platform or Website (“Service”) and informs of 3doo’s Privacy Policy. Any use of the Service will signify your agreement to be bound by this Agreement as well as your acceptance and acknowledgement that 3doo reserves the right to change this Agreement at any given time. 3doo may update or change this Agreement from time to time and recommends that you review it on a regular basis. The most recent copy of the Agreement can be found on the Terms Of Service page. If you do not agree with this Agreement please do not proceed. Print or otherwise save a copy of this Agreement for your records. You shall not use the SERVICE for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website. When you agree to purchase content from the service you will not own the content for unlimited viewing. You will have ability to watch the content for forty-eight (48) hours from the time you first started watching the content. You have twenty-eight (28) days to watch the content from the time you make the purchase. After these times have expired you will not have further access to the content unless you make another purchase. All purchases will be made using a PayPal account. 1. Intellectual Property Ownership and Use 1.1 We are the owners of all 3doo trademarks, logos and trade dress (“Marks”). You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content. 1.2 We grant you the limited right to access and make use of the Website as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website content nor Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our Marks; d) engage in any activity that interferes with the Services or another user’s ability to use the Service; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods offered on the Website, specifically including but not limited to the Content; or f) assist or encourage any third party in engaging in any activity prohibited by this Agreement. 1.3 You may not shall not use, copy, distribute, or exploit any of the Marks, Content or Site content in any manner without our prior written permission. 1.4 All Site content and all materials and content contained within the Website, including but not limited to the, Content text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission. 2. Infringement Notice – Digital Millennium Copyright Act 2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: copyright@3doo.com. 2.2 In order for us to more effectively assist you, the notification must include all of the following: a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; b. A description of the copyrighted work or other right you claim has been infringed or violated; c. Information reasonably sufficient to locate the material in question on the Website; d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner. 2.3 Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, 3doo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 15 business days or more after receipt of the counter-notice, at 3doo’s sole discretion. 3. Errors and Inaccuracies 3.1 We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of the Content, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. 3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website. 3.3 If YOU BELIEVE THAT a product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND in unused condition. 4. Changes to Website or These Terms of Use 4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it. 4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website. 4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website. 5. External Sites and Resources 3doo hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to use the Service for any of the following commercial uses unless you obtain 3doo’s prior written approval: Sale of access to the Service; Sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or Sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from 3doo appears on the same page and is of sufficient value to be the basis for such sales. You agree not to distribute in any medium any part of the Service or the Content without 3doo’s prior written authorization, unless 3doo makes available the means for such distribution through functionality offered by the Service. You agree not to alter or modify any part of the Service. You agree not to access Content through any technology or means other than the any of the Player Applications provided by 3doo, or other explicitly authorized means 3doo may designate. Prohibited commercial uses do not include: Submitting or uploading an original video to 3doo to promote your business or artistic enterprise; and Any use that 3doo expressly authorizes in writing. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the 3doo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. 3doo 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 Service. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. You agree to comply with all applicable laws in your use of the Service. 3doo reserves the right to discontinue any aspect of the Service at any time. 6. Orders, Price and Resale Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your PayPal account has been charged. The prices displayed are quoted in U.S. dollars, Euros or other selected currencies as we determine and must be paid in the stated currency. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your PayPal account has been debited. If your PayPal account has already been debited for the purchase and your order is canceled, we will issue a credit to your PayPal account. 7. Ability to Accept TOS and 3doo Accounts 7.1 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 Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. 7.2 In order to access some features of the Service, you may have to create a 3doo End User Account, should 3doo, in its sole discretion, enable account creation. In order to make a purchase you must establish a 3doo account. To do so you will be required to provide your email address and a unique password. 7.3 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 3doo immediately of any breach of security or unauthorized use of your account. 7.4 In order to upload and distribute digital content to the general public or within a closed channel, you will need to create a 3doo Content Owner 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 any content provided from your account, and you must keep your account password secure. You must notify 3doo immediately of any breach of security or unauthorized use of your account. 8. Sales, Returns 8.1 In order to make a purchase you must have a PayPal account and agree to our Billing Agreement. 8.2 We only accept PayPal for purchases. Please be sure to provide your exact PayPal account details. Incorrect information will cause a delay in processing your order. Your PayPal account will be billed upon you agreeing to have access to view the Content. . 8.3 If you cannot view the Content on your computer after you have purchased it, our technical services department, support@3doo.com, will help you with any problems you encounter while trying to access your purchases. If we determine that you cannot, and have not, accessed the video(s) then we will refund your money, or send you a digital version of the product, at our discretion. We cannot, however, help you gain access to the Internet. Internet service interruption is not a viable reason to request a refund of your purchase. 9. Disclaimers 9.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 9.2 WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 9.3 AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. 10. Limitations on Liability WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 11. Indemnification YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US IF YOU BREACH THESE TERMS OF USE, OR THE USE BY ANY OTHER PERSON ACCESSING THE PLATFORM USING YOUR ACCESS ACCOUNT. 12. Investigations of Violations of These Terms We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. 13. Notice for California Users Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov. 14. Miscellaneous 14.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use. 14.2 Any dispute or claim relating in any way to this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: 32-75 Steinway Street, Suite 211, Astoria, New York, 11103. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, 3doo will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States County where you live or at another mutually agreed location. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim precedes in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. You may bring any such suit for injunctive remedies only in the courts of the State of New York. 14.3 The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and 3doo relating to this Agreement or the Program. 15. External Sites and Resources We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. 16. Contact Information You may send us notices or communicate with us by email to support@3doo.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email Last Updated: January 29, 2014


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