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Taproot Video’s Website Terms Of Use

Effective Data / Last Updated: May 1st, 2016

IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY TAPROOT VIDEO COOPERATIVE ("TAPROOT"), A WASHINGTON LIMITED LIABILITY COMPANY. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.TAPROOTVIDEO.COM  (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY TAPROOT VIDEO (COLLECTIVELY WITH THE SITE, THE "SERVICE").

Introduction

Welcome to the www.taprootvideo.com website and Applications (the “Site”) of Taproot Video Cooperative, a Washington state non-profit cooperative (“Taproot Video,” also referred to herein as “us,” “we” and “our”). We appreciate your interest in using our services (“Services”) and DVDs (separately, “Products,” and collectively “Offerings”). As part of our Offerings, we provide our Registered Users (defined below) access to our Site, and to a wide array of folk arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and/or messages, and a forum for blogs and postings (collectively, “Content”) from experienced artist instructors (“Artists”), students and others. This content is accessed by streaming it over the internet, or by purchase of physical DVDs.

Binding Agreement

These Terms of Use (including any linked policies, for example our Privacy Policy and Community Guidelines), as they may be updated from when necessary (collectively, this “Agreement”), constitute a binding contract between you the student and us if you apply to subscribe to our Services under this Agreement without limitation or qualification, and we agree to provide them. References to “you” or “the student” in these Terms of Use refer to the individuals who either: (1.) join the Site with a free membership to access free Services and contribute Content to the Site, (2.) Artists and others who contribute Content to the Site (collectively “Registered Users”). These Terms of Use explain our, your, and other Registered Users’ respective rights and limitations governing the Site, Offerings, and Content. This includes explaining how our Services work, including the kinds of data we collect, the way we bill, how we interact with you and you with us, restrictions on your access to and use of the Site, limitations of our liability, warranty disclaimers, indemnities, and other important terms. We encourage you to revisit these Terms of Use and the rest of this Agreement whenever you have a question and from time to time, as they may be amended frequently at Taproot Video’s discretion.

PLEASE THEREFORE CAREFULLY READ THIS AGREEMENT BEFORE YOU REGISTER OR PURCHASE ANY CLASSES. IF YOU DO NOT AGREE WITH THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT REGISTER OR USE ANY SERVICES OF THIS SITE. Any acceptance of your offer, and the provision of our Offerings will be deemed to occur at our principal places of business, in Bellevue, Washington.

Future Changes to Agreement

We reserve the right, in our sole discretion, to change this Agreement at any time, effective ten (10) days after posting of the revised Agreement on the Site. Your continued use of the Site or any Services after such posting or notification means you accept all revisions. If you do not agree to the revised Agreement, you must terminate this Agreement pursuant to the termination provisions below, and discontinue your use of this Site and all Services. Except solely as provided in this paragraph and the severability provision of this Agreement, this Agreement may not be changed without the handwritten (non-electronic) signature of an authorized person at Taproot Video.

Registration, Profiles, and Access

To be a Registered User, you must: (1.) be at least eighteen years old; (2.) apply through our forms online at our Site by providing complete and accurate information such as name, address and the like; (3.) reside in the United States of America (including its territories), or anywhere else in the world not prohibited by U.S. export regulations or other applicable law (“Territory”); and (4.) otherwise comply with this Agreement. As and while a Registered User, you represent and warrant to us that you meet each of these requirements, and that you have read, understood and agree to abide by these Terms of Use.

In order to access the Websites, you will have to create an account. You may never use another's account without his or her express permission and you may not provide another person with the username and password to access your account. 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 Taproot Video immediately of any breach of security or unauthorized use of your account. Although Taproot Video will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Taproot Video or others due to such unauthorized use.

Each Registered User must also establish a user profile that will be publicly displayed and will identify you to other Registered Users (“Profile”). Your Profile must, at a minimum, include an e-mail address identifying your account and your name. (This information is kept confidential - see privacy policy.) You may also, at your election, choose a nick name which is used to identify you as the author of content created by you and submitted to Taproot Video in connection with your use of the Site and your participation in classes (including video and/or written content, images, information and other materials (collectively, “User Submissions”) to other users. You understand that whether or not such User Submissions are published, Taproot Video does not guarantee any confidentiality with respect to any User Submissions. (We discuss User Submissions more fully under the heading, User Submissions, below.)

Only Registered Users may view restricted Content or otherwise use restricted portions of the Site, leave comments or reviews, or request or receive certain Services

When you agree to the Taproot Video Terms of Use, register, or use our Site: (1.) you represent and warrant that the registration information you provide is complete and accurate, (2.) you agree to be bound by, and become a party to this Agreement, and (3.) you agree to keep your registration and payment information with us current. If you do not agree to (or cannot comply with) all of the terms of this Agreement, do not agree to the Terms of Use or use the Site or any of our Services.

We reserve the following rights; to deny any person access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of this Agreement or appear likely to do so. By granting you access at any time, we do not obligate ourselves to maintain the Site in any form, and we expressly reserve the right to modify, suspend, or terminate any user’s access privileges. You understand and agree that we may, in our sole discretion and without any prior notice, close the Site and delete any files which you may have at the Site and any information which you may choose to post. You should keep a copy of any material which you post to or maintain at the Site because we will not plan to retain copies of any material which we may delete from the Site.

The Taproot Video Application allows you to access certain materials and functionality available on the Site through a tablet or mobile device. Taproot Video reserves the right to withdraw or change any Application at any time for any reason. As a Registered User, you acknowledge that the terms of the agreement with your mobile network provider will continue to apply when using an Application. You acknowledge you may be charged by your mobile network provider for access to mobile network connection services while accessing an Application from this Site or any such third party charges that may arise, and you accept responsibility for any such charges. If you are not responsible for the bill payment of the service for the mobile telephone or handheld device being used to access an Application, you will also be assumed to have received permission to access the Application from the responsible party. This is especially relevant between parents and their children. To use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the Application. Taproot Video does not accept any responsibility for any Application being unavailable, or for any difficulty or inability to download or access content or any other communication system failure that may result in an Application being unavailable or loss of any data or content which you may have provided to the Site. Taproot Video will not be responsible for any support or maintenance for Applications.

Communication from the Site

When you visit our Site or email us, the communication is electronic. You agree to receive communications from us electronically, either by email or notices we post on our Site, and if it becomes necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be ‘in writing’.

Licenses

To Registered Users, we grant a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license to access and use the Site and Services only in order to view such Content on no more than one computer or personal device at any given time and, only for your non-commercial, personal or household use (“License”). Except for the above limited License, no right, title or interest is provided to you.

The License will enable you to view, select, stream and access Content via the Services in accordance with these Terms of Use during the term of the streaming dates purchased. Not all Content is guaranteed to be available for all purposes or at all times. Access to certain Content could depend on your geographic location (for example, you will not be permitted to access Content from outside the Territory), whether you are able to maintain an internet connection, acts of God, and available bandwidth and equipment used to access the Services. While we do our best to keep the Content descriptions up-to-date, we do not guarantee that all descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content will be made as a result of any access you are granted to the Site or Services. Any unauthorized copying, performance, retransmission, display, or distribution of the Site Content, or any portion thereof, or any material breach or violation of these Terms of Use, automatically terminates the license granted to you, These actions also obligate you to cease all use of the Service of the Site, and may constitute copyright infringement. Taproot Video and its licensors reserve all rights not expressly granted in and to the Service and the Content.

Restrictions

Except as allowed in the License and except for your own Content that you authored and uploaded to the Site (for example comments and reviews), you may not do any of the following; download or copy, distribute, transmit, display, perform publicly, publish, upload, edit, post, link to, frame, transmit, rent, lease, lend, sublicense, modify, create derivative works of, or offer for sale, in whole or in part, any Content, advertisements, or other information contained on, or obtained from or through, the Site without our express written consent.

Without limiting the generality of the above, you may not distribute any part of the Content over any network, including a local area network, nor sell nor offer them for sale.

You also may not use any data mining, robots, or similar data gathering and extraction tools on the Site or on any portion of it. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or any copyright or trademark notices on any Content. Any unauthorized use of the Site, any Services or any Content or any other content (for example, promotional materials) will automatically and without notice terminate the limited License granted by us and will result in the cancellation of your account. You may not decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software or digital rights management feature on the Site into a readable form in order to examine the construction of such software and/or to copy or create other competitive products or materials based in whole or in part on such software or any feature of the Site or Services or Content, or intercepting or recording network communications between the Site and us. In no event shall any Content, Artist Submissions or User Submissions be used for any website or publication of any sort which is competitive with the Site. For the sake of clarity, a website or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Taproot Video and/or the Site. We and our affiliates and partners may suspend or terminate your account and access to the Site immediately if we reasonably determine that you or anyone for whom you are responsible are in violation of the Terms of Use or receive information that you no longer meet the account holder requirements. In such event, you must cease all use of the Services. The suspension or termination of your account is in addition to, and not in lieu of, any rights and remedies available to us and our partners and affiliates under the Terms of Use or under applicable laws.

Updates and Software

At various times, Taproot Video may choose to make available updates, enhancements, bug fixes, or changes to the Services or Site (collectively, “Service Updates”). Service Updates may be: (1.) automatic (general network changes and additional features or updates to data); (2.) your choice, in which case you will receive information and instructions for how to authorize optional Service Updates; or (3.) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to fully utilize the Services. Taproot Video will not be responsible for any support or maintenance for Applications. Taproot Video does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable.

Payment for Classes Fees, Class Coupons, and Refund Policy

WE RESERVE THE RIGHT TO MODIFY, TERMINATE OR OTHERWISE AMEND THE OFFERING OF CLASS COUPONS AT ANY TIME WITHOUT PRIOR NOTICE. By starting your Taproot Video account, you expressly agree that we are authorized when you purchase a class to charge to the Payment Method you provided at that time (or to a different Payment Method if you change your Billing information or we change Payment Methods) the applicable fee at the then current rate plus any applicable taxes, and any other charges you may incur in connection with your use of the Services or purchase of Products. We will bill your Payment Method for such amounts as covers the said purchase. Discounts, rebates or other special offers are only valid for user with an active Taproot Video account. A user must have an active account to redeem Class coupons. UNUSED GIFTED CLASS FEES ARE NON-REFUNDABLE. Gifted classes have no exchange, cash or surrender value. Each Subscriber’s License is expressly conditioned upon timely payment of all applicable fees. At any time, and for any reason, we may provide a refund, discount, bonus, or other offer to some or all of our account holders (“considerations”). The amount and form of such offers, and the decision to provide them or not, are at our sole and absolute discretion. The provision of such discounts in one instance does not entitle you to discounts in the future for similar instances, nor does it obligate us to provide discounts in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least thirty days’ advance notice of these changes via email. Such notices to you shall be deemed to have been given upon this electronic transmission.

Payment

You must have Internet access and a valid Payment Method to purchase to our Services or purchase a gift class. All prices, features, specifications, Offerings, and Content are subject to change or discontinuance at any time without prior notice. All prices are listed in U.S. dollars and are valid until altered by Taproot Video. Our payment method is through 3rd party payment processors such as Amazon Payment, (currently accepting VISA, MasterCard, and American Express credit cards, PayPal (in some instances), and may accept in the future other payment methods (collectively, “Payment Methods”). We have no control over 3rd party payment processors, nor which payment cards they accept, and we reserve the right to change the Payment Method at any time without notice. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information. Prices are subject to change without notice. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.

Content Generally

Due to the potentially large amount of Content posted by users on the Site, we generally do not undertake to monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists, other Content providers (students giving comments), and other users of the Services. We reserve the right but have no obligation to monitor interactions between you and other users of the Services, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Services may consider to be unlawful, obscene, lewd, lascivious, filthy, excessively violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable.

Student Comments

By commenting, reviewing classes, posting photos, sending to us any User Submissions (including your Profile information), you hereby grant us perpetual, irrevocable, royalty-free, right to use in any media now known (or created in the future), and to display your User Submissions throughout the world in any media, for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and User Submissions, you hereby irrevocably waive any claims based on moral rights, if any, to such User Submissions.

You agree that you will not: (1.) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, (2.) publish falsehoods or misrepresentations that could damage Taproot Video or any third party; (3.) submit material that is offensive, including but not limited to content which is obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, discriminatory on the basis of race, ethnicity, gender or sexual orientation; (4.) post advertisements or solicit business; (5.) impersonate another person or otherwise misrepresent yourself; (6.) use the Site in any unlawful manner; (7.) intimidate or harass another student;(8.) use or attempt to use another’s account, or create a false identity on the Site.

We expect all users to act responsibly when using the Services. You may only use the Services, Site, and Content for lawful purposes. You agree that if any third party claims that any of your User Submissions are unlawful, you will bear the burden of establishing that they are lawful.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE EXCLUDE AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY USER SUBMISSIONS, AND FOR ANY LOSSES OR EXPENSES RESULTING FROM THEIR USE AND/OR APPEARANCE ON THE SITE OR ELSEWHERE. We nonetheless reserve the right to monitor all User Submissions and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use or in violation of general community standards and notions of decency.

Intellectual Property Non-Infringement and Other User Conduct

In your use of our Site or Services, you may not: (1.) attempt to disrupt, interfere with, or damage the Site or any Service or any web sites linked to our Site, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other methods or technology;(2.) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation;(3.) engage in any activity that interferes with a third party’s ability to use or enjoy the Site or Services.

Copyrights

You agree that all content included on and software used on or by the Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, and all related intellectual property rights, are the exclusive property of Taproot Video, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws.

Trademarks

Taproot Video, the Taproot Video logo; are trademarks owned by Taproot Video Cooperative (doing business as “Taproot Video”). All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Taproot Video. All other trademarks, trade names, service marks and the like that appear on the Site, Service or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.

Ownership of Data

You agree that, all rights, title, and interest in the data on our system or Site is owned by us or our providers, except as expressly provided otherwise in our Privacy Policy, and except that certain data provided by Artists or third parties pursuant to separate agreements with us may be owned by the respective Artist or Instructor. In the latter case, you agree to comply with such provider’s terms and conditions of use. We may retain, use, or transfer our data as we, in our sole discretion, may determine.

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

EXCLUSION OF DAMAGES

Taproot Video AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, ARTISTS, PARTNERS, SERVICE PROVIDERS, AND/OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION, YOU (AND NOT Taproot Video) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICES AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, THE FOREGOING LIMITATION EXCLUSION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE TERMS OF USE, THE SITE, THE SERVICES OR THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU TO US WITH RESPECT TO THE TRANSACTION THAT GIVES RISE TO SUCH LIABILITY. WE EXPECT SUBSCRIBERS, ARTISTS, SPONSORS, AND OTHER CONTENT PROVIDERS TO TAKE RESPONSIBILITY FOR THEIR OWN ACTIONS, AND CANNOT ASSUME LIABILITY FOR ANY THIRD-PARTY ACTS WHICH TAKE PLACE THROUGH THE SERVICES OR ON OUR SITE. YOU ACKNOWLEDGE THAT IN RESPONDING TO COMPLAINTS REGARDING ANY CONTENT OR OTHER MATERIAL POSTED OR HANDLED THROUGH THE SITE, WE ARE TAKING ON THE ROLE OF A GOOD SAMARITAN. YOU AGREE TO WAIVE ANY CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO MAKE AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, EMPLOYMENT, TORT, AND INTELLECTUAL PROPERTY LAWS) ARISING OUT OF OR RELATING IN ANY WAY TO THE CONTENT ON OUR SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.

We assume no liability or responsibility to you for any (1.) mistakes or inaccuracies of content, instructor submissions or student submissions; (2.) personal injury and/or property damage of any nature whatsoever resulting from your use of this Site; (3.)any bugs, viruses or the like which may be transferred to or through our Site by a third party. Taproot Video does not endorse, guarantee, warrant nor assume responsibility for any product or service mentioned in these classes. As with any purchase of a product or service, use your best judgement and exercise caution.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Taproot Video and its, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants 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: (1.) your use of and access to the Site; (2.) your violation of any term of the Terms of Use ; (3.) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (4.) any claim that one of your User Submissions caused damage to a third party.

NO WARRANTY

We do not guarantee that the classes (1.) will be uninterrupted (2.) will be free of inaccuracies, viruses, defects (3.) meet your expectations (4.) will operate with your hardware or software system. You assume all risk in the use of this Site and its offerings.

Limitation of actions

Any claim arising for use of this Site must be made in writing and be received by us within 6 months of the problem arising, or shall be forever barred.

Force Majeure

We will not be liable for failing to offer content in accordance with these Terms of Use by the occurrence of any event beyond our control, including, without limitation, acts of God, an Internet outage or interruption of service, a communication outage, labor disturbance, a failure by a service provided to us to perform, fire, threatened or actual act of terrorism, or war.

Termination

We reserve the right as our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account(s) or your access to the Site or Services. an example of the reasons may be, without limitation: (1.) your breach of any part of the Terms of Use, (2.) your violation of the rights of any third party or of law, (3.) the invalidity or suspension of your Payment Method, (4.) your exceeding your credit card limit or balance, (5.) inappropriate comments in the discussion fields, or class review fields, made by you or in association with your account. Whether or not a comment is inappropriate is our sole discretion.

SEVERABILITY

If any provision of these Terms of Use is held unenforceable, the remaining portions thereof shall remain in full force and effect.

Arbitration of Disputes

Any dispute relating in any way to your visit to the Site and/or to your purchase or use of any Services or any privacy-related issues shall be submitted to confidential arbitration in Bellevue, Washington, United States of America.

Contact Us

In the event of any dispute or for any other information concerning these Terms of Use, please contact us via US mail or email at:
Taproot Video Cooperative
5527 166th Pl SE 
Bellevue, WA 98006

Copyright Policy

In appropriate circumstances, and in our sole discretion, we may terminate the rights of any user to use the Site (or any part thereof) who infringes the intellectual property rights of others. This means the classes are the sole property of the instructors teaching them, and you agree not to pirate the class in any way.

Copyright Agent:

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your intellectual property rights have been violated in connection with the Service, please notify Taproot Video’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at support@taprootvideo.com

Please provide the Agent with the following Notice:

Taproot Video will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Entire Agreement

These Terms of Use, including our Privacy Policy, and all third-party terms and conditions of use which are incorporated herein, contain the entire understanding and agreement of you and us regarding such subject matter, and supersede all prior and contemporaneous agreements and understandings between us regarding such subject matter.