THIS WEEK IN TERMS OF SERVICE
1. Hello! Gutentag! Hola!
ThisWeekIn, Inc. is a web television network covering a wide variety of topics from tech to entertainment. Produced out of our Santa Monica studio, our web shows feature guest experts, founders, movie stars, comedians, technologists and CEO’s — all keeping you up to speed on what’s happening this week with a fast and funny style. Informative and entertaining, ThisWeekIn is the place for whatever your interests may be.
2. Your Responsibilities
We’d like you to think of ThisWeekIn as your home away from home, this being your second home, please be reasonable and respectful. While using ThisWeekIn:
- You agree to act within the bounds of common decency when using our website;
- You agree not to misappropriate any of our intellectual property;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to ThisWeekIn;
- You agree not to interfere with or disrupt ThisWeekIn;
- You agree not to hack, spam or phish us;
- You agree not to be an online troll;
- You agree to not violate any law or regulation and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to any videos, intellectual property or our Site;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
3. Your Use of ThisWeekIn
Please don’t be a freeloader as we work very hard to come up with entertaining programming for you. You agree not to distribute any videos or content found on our Site and Service without our prior written authorization.
4. User Posting on ThisWeekIn
At ThisWeekIn we love the 1st Amendment and appreciate any posting of comments. However, as ThisWeekIn is meant for users 13 years of age and older, we ask you to please behave and ask you not to swear like a sailor. We cannot possibly monitor all comments and we do not guarantee validity, accuracy or legal status of any comments. You also understand that you may be exposed to a variety of content on ThisWeekIn, most of which you will find awesome but some of which you may find objectionable.
5. Our Videos
We’re like MTV; we don’t play any music videos. However, you will find a diverse array of topics being discussed on our shows including music. As such, we encourage our hosts and guests to participate in intelligent, humorous, entertaining and thoughtful discourse. With that being said you understand that ThisWeekIn does not endorse or support any opinions or claims made by our hosts or their guests. Additionally, our shows and videos are meant for general informational purposes only.
6. Intellectual Property Rights
We understand that imitation is the highest form of flattery, but please don’t copy anything you find on our Site. The design of the ThisWeekIn, our videos along with ThisWeekIn created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to ThisWeekIn, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you express written permission.
7. Limitations on Liability
IN NO EVENT SHALL THISWEEKIN, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 THISWEEKIN SHALL NOT BE LIABLE FOR CONTENT 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.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SERVICE. THISWEEKIN IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- We are not required to or under any obligation to review, screen, edit, monitor, or remove any comments posted on our website and we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
- We take no responsibility and assume no liability for any comments that are posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of ThisWeekIn, whether arising in tort or contract, law or equity;
- You agree not to hold any other user liable for any negative or critical comments except you are not obligated to release any other user who submits content that violate any of ThisWeekIn’s Terms of Service or other policies stated anywhere on its website;
- Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
ThisWeekIn shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by ThisWeekIn from its facilities in the United States. ThisWeekIn makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Representations and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless ThisWeekIn, 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:
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right;
- or any claim that one of your comments caused damage to a third party.
10. Third Party Links
The internet is for sharing and caring….well, mostly aside from a small portion of the “deep internet”. In order to broaden your horizons, we may link to third party websites from our own website. We do not endorse, recommend or vouch for the security of such websites. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
Additionally, users may be able to post third party links through comments submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
11. Communications Decency Act
These awesome amazing people may allow you to leave comments but please be respectful. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
12. Copyright Notices
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- Your favorite Kevin Pollak movie
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to: Copyright Agent, 3525 Eastham Drive
Culver City, CA 90232. Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU. You don’t really need to tell us your favorite Kevin Pollak movie, we all know it’s Wayne’s World 2.
13. COPPA Compliance
ThisWeekIn loves the kids in a platonic and non-weird way. However, in order to comply with the laws of the USA, you must be over 13 years of age to use our Site.
14. Choice of Law
This Agreement shall be governed by the laws in force in California. The offer and acceptance of this contract is deemed to have occurred in California.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Culver City, California. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, alien invasions, riots, terrorism, crime, zombie attacks, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ThisWeekIn shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Like Arnold, we may terminate this Agreement or your access to our Site at any time.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Just like the Constitution, we may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately stop using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
22. California Users and Residents
You may not like Umami Burger or Pink’s Hot Dogs, but pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ThisWeekIn must be addressed to our agent for notice and sent via certified mail to: Agent of ThisWeekIn, 3525 Eastham Drive, Culver City, CA 90232
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: Oct. 17, 2012
2. Definitions- ours not Webster’s
“ThisWeekIn”, “we” or “us” refers to the business which owns this website ThisWeekIn, Inc., our Site, or our Service, depending on the context of the usage;
“Service(s)” refers to our shows and videos and any other related services;
“Site” refers to our website, www.ThisWeekIn.com;
“You” or “user” refers to you, the beautiful person who is entering into this Agreement with ThisWeekIn, Inc., the owner and operator of ThisWeekIn.com.
3. Information Collected
Identifying Information Collected by Us
Great news! You don’t need to give us any information to use our website or to watch any of our shows. If you decide to leave a comment on our website we will ask you to provide your email or use a third party login but we don’t actually collect that information. We only collect identifiable information from you when you sign up for our amazing newsletter.
Although we don’t collect personally identifiable information when you use our Site our servers and the robots that control them do collect some non-identifying information. We may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Generally, this information cannot be used to personally identify you unless you’re a Morpheus-level hacker, through a subpoena or by voluntary disclosure from your ISP.
4. Use of Your Information
We believe in and respect internet privacy. We will never sell, transfer or trade either your personal or non-identifiable information. If you sign up for our newsletter we will only use your email address to contact you and send you our newsletter. Your information will never be transferred to third parties.
5. Accessing, Editing, and Removing Your Information
It’s simple as clap on, clap off. Seriously, if you would like to be removed from one of our newsletters please click on the “unsubscribe” link or contact us at firstname.lastname@example.org.
7. Third Parties
ThisWeekIn may post links to third party websites on its Site, which may include information that we have no control over. Whether you access third party websites through a link on our Site, or as a consequence of using our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
8. Third Party Access to Your Information
9. Law Enforcement
10. Security Measures
We take certain measures to enhance the security of our Site. However, we make no guarantees as to the security or privacy of your information. We make every attempt to keep our website secure, but we recommend that you use anti-virus software, strong passwords, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
11. Your California Privacy Rights
Last Modified: October 18, 2012