1. LIMITED LICENSE FROM ISINA:
Unless otherwise indicated in the Site(s), the Services, and all content and other materials on the Site(s), including, without limitation, the ISINA logo, course materials, text, pictures, graphics, designs, data, information, documentation, technology, sound files, other files, and the arrangement and selection thereof (“Site Materials”) are the intellectual property of ISINA and are protected by United States and international copyright and other laws. Any materials posted on the Site(s) that you copy, print, or download are licensed to you by ISINA for your non-commercial and personal use only; provided, however, you do not delete or change any copyright, trademark, or other notices. You agree not to duplicate, copy, reproduce, sell, resell, or exploit for any commercial purposes, any portion of the Site(s), use of the Site(s), or access to the Site(s). ISINA reserves the right at from time to time to discontinue or modify, permanently or temporarily, the Sites with or without notice. Except as expressly provided herein, nothing in the TOU shall be construed as granting any license to any intellectual property rights. This license is revocable at any time, in ISINA’s sole discretion.
3. USER CONTENT AND CONDUCT:
You are solely responsible for all content you upload, email, post, store, transmit or otherwise make available on the Site(s) and Services, including, without limitation, music, sound, text, videos, photographs, graphics, and/or code (collectively, “Content”). ISINA does not own or control the Content posted by you or others on the Site(s). ISINA takes no responsibility and assumes no liability for any Content uploaded, posted or stored by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is ISINA liable for any defamation (e.g., slanderous or libelous), obscene, or abusive material, pornography, or profanity you may encounter. ISINA has no obligation to screed, monitor, or edit Content. However, ISINA reserves the right, in its absolute discretion, to block, refuse, remove, or move any Content posted or stored on the Site(s) at any time with or without cause and for any reason or no reason, with or without notice. You agree that any Content you submit, will not: (a) defame; (b) harm minors in any way; (c) infringe any copyright, trademark, patent, trade secret, or other personal or intellectual property rights of any third party; (d) contain any software viruses or any other computer code, programs or files designed to destroy, interrupt, or limit the functionality of any computer software or hardware; (e) disrupt or interfere with the Site(s) and Services, or any servers or networks connected to the Site(s); (f) harass or stalk any other person or entity; or (g) store or collect personal data of any other user of the Site(s) or Services. You acknowledge and agree that ISINA may retain Content and may disclose Content if required to do so by law (e.g., governmental requests, subpoenas, or court orders) or as reasonably necessary to enforce the TOU; respond to third party claims in connection with violation of rights; or protect the safety, rights, property of ISINA or its users.
Abusive or unwanted material which causes disruption of the Site(s) and/or Services is unacceptable and may violate the law. Causing distress, injury, embarrassment, or substantial discomfort to another (i.e., person and/or entity) is prohibited, shall not be tolerated, and shall be construed as harassment. ISINA has a “zero tolerance” for any personal attacks or other actions to threaten or intimidate or embarrass anyone based on race, national origin, handicap, religion, sexual orientation, or any other characteristic or affiliation.
Except as explicitly stated in the TOU, or unless otherwise indicated on the Site(s) or in connection with your use of the Services, any Content you post to the Site(s) or in connection with the Services, you retain all rights in and to such Content. You grant ISINA, its affiliates, and third party service providers a non-exclusive, unrestricted, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any and all media, now known or hereafter devised. You grant ISINA and its affiliates and sublicensees the non-exclusive, unrestricted, royalty-free, perpetual and irrevocable right to use your name, image and likeness in connection with such Content, at its sole discretion. You specifically acknowledge and agree that ISINA has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your Content and ISINA shall be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties shall be paid to you or any third party for your Content.
You represent and warrant that: (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site(s) and license such Content to ISINA and its affiliates and sublicensees as provided herein; (b) the Content is accurate and not misleading; and (c) the use and posting of the Content you supply does not violate the TOU and will not violate any rights or cause injury to any person or entity.
4. COPYRIGHT INFRINGEMENT:
Pursuant to the Digital Millennium Copyright ACT (“DMCA”) and other applicable laws, ISINA shall terminate, at its sole discretion, users who are deemed to be repeat intellectual property rights infringers. ISINA, at its sole discretion, may limit access to the Site(s) and/or Services and may terminate the accounts of any users who infringe any intellectual property rights of third parties, whether or not there is repeat infringement.
5. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT:
ISINA values the intellectual property rights of others. If you believe any material on the Site(s) infringes upon any copyright which you own or control, you or your designee, may notify ISINA by providing the following information to our Designated Agent:
Designate Agent to receive infringing claim:
637 S. Fairfax Avenue, Suite 102
Los Angeles, CA 90036
To be effective, a notification of an infringing claim must be in writing and include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright or other intellectual property that is allegedly infringed.
- Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works and/or other allegedly infringed intellectual properties are covered by a single notification, a list of such works and/or intellectual properties infringed.
- A description of where the material you claim is infringing is located on the Site(s).
- Your address, telephone number, and email address.
- A statement by you stating that you have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in the notification is accurate, and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. REGISTRATION INFORMATION; AND ACCOUNT SECURITY:
In consideration of your use of the Site(s), Site Materials, and the Services, you represent you are of legal age to enter into a legally binding agreement and agree to: (a) provide accurate, current, and complete information as may be required by any registration forms on the Site(s) (collectively, “Registration Information”); (b) maintain and be solely responsible for the security of your password and identification; (c) promptly update the Registration Information and any other information provided to ISINA; and (d) accept all risks of unauthorized access to the Registration Information and any other information you provide to ISINA.
8. DISCLAIMER OF WARRANTIES:
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ISINA, THE SITE(S), THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, IETHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE(S) AND SERVICES IS AT YOUR SOLE RISK. ISINA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE(S). ISINA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITE(S) OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ISINA DOES NOT REPRESENT OR WARRANT THAT THE SITE(S) OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISINA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE ISINA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE(S) AND THE SERVICES SAFE, ISINA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE(S) OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFCT VIRUSES FROM ANY DOWNLOAD. ANYMATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE(S) OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS(S). ISINA MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SITE(S) AND SERVICES WILL MEET YOUR REQUIRMENTS; (B) THE SITE(S) OR SERVICES WILL LEAD TO EMPLOYMENT; (C) THE SITE(S) OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) THE RESULTS OBTAINED FROM THE USE OF THE SITE(S) AND SERVICES WILL BE ACCURATE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE(S) WILL MEET YOUR EXPECTATIONS; AND/OR (F) ANY ERRORS IN THE SOFTWARE USED BY ISINA FOR THE FUNCTIONALITY OF ITS SITE(S) OR SERVICES WILL BE CORRECTED.
9. LIMITATION ON LIABILITY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ISINA, ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ANCTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTEDD WITH THE USE OF OR INABILITY TO USE THE SITE(S), SITE MATERIALS, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ISINA, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISINA’S RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ISINA WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE(S), SITE MATERIALS, SERVICES, OR CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ISINA FOR ACCESS TO OR USE OF THE SITE(S).
You acknowledge and agree that ISINA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site(s), Site Materials, the Service and/or any portion thereof, and to block or prevent your future access to and use any of the Site(s), Site Materials, and/or Services
12. CHOICE OF LAW AND VENUE:
The TOU constitutes the entire agreement between you and ISINA and govern your use of the Site(s), Site Materials, and/or Services, and supersedes any prior agreements (whether written or verbal) between you and ISINA with respect to the subject matter hereof. You may be subject to additional terms and conditions that may apply when you use affiliated services, third party content, or third party software. You may not assign your rights hereunder to any third party. The failure of ISINA to exercise or enforce any right or provisions of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
14. CONTACT INFORMATION: