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Better Days TV Terms of Service
-Introduction-Please read these Terms of Service ("Terms") carefully as they are the legal terms and conditions that you agree to when you use the online file sharing services provided to you by Self Improvement TV through betterdaystv.net (collectively, the "Service").By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to click a Sign Up button to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)OperatorThis Service is operated by Self Improvement TV, LLC ("Self Improvement TV"), a company incorporated under the laws of the State of New Jersey, through betterdaystv.netBetter Days TV is also referred to in these Terms as "we" and "us".
-Purpose of the Service-Better Days TV offers a video online sharing service to view, store and share digital videos through a range of electronic devices including personal computers and hand-held devices.
-Availability-Better Days TV uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Better Days TV. Every reasonable step will be taken by Better Days TV to minimize such disruption where it is within the reasonable control of Better Days TV. You agree that Better Days TV shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Better Days TV service for any reason and without notice at any time.
-Trademarks-All brand, product and service names used in this Service which identify Better Days TV or third parties and their products and services are proprietary marks of Better Days TV and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Better Days TV or any third party with respect to any such image, logo or name.QuickTime, Flash, and Windows Media Player and related icons are the property of their respective owners and such owners have not endorsed or sponsored the computer services provided on this Site.Intellectual Property Rights in Better Days TV�s ServiceBetter Days TV, unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the Better Days TV Service and Better Days TV created and owned content used by Better Days TV in connection with providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or Better Days TV created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our legal notice.
-Reporting Violations of Your Copyrights-If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)
If you believe the copyright in your work has been violated through this Service, please contact Better Days TV's agent for notice of claims of copyright infringement or at Better Days TV/Self Improvement TV 110 Winthrop Rd, Edison, NJ 08817. You must provide our agent with the following information, which Better Days TV may then forward to the alleged infringer:
* identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
* provide your address, telephone number, and email address;
* provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
* provide your physical or electronic signature. Upon receiving your complaint, Better Days TV may remove content that you believe infringes your copyright. In addition, Better Days TV may terminate the account of the member who appears to be infringing your intellectual property rights.
-General-These Terms constitute the entire agreement between Better Days TV and you with respect to your use of the Service. Better Days TV's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
-Registration-To register as a member of the Service you must be 18 years or over, or 16 with written parental permission. We reserve the right to refuse service to anyone for any reason at any time.You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
-Password-When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Better Days TV immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
-Formation of a Binding Contract-No contract will exist between you and Better Days TV for the supply of any services or products unless and until Better Days TV accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.
Copyright in Your Digital ContentBetter Days TV does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your digital content through the Service and fulfilling any orders for you or those with which you have shared your content, you grant to Better Days TV a non-exclusive, royalty-free license to use, copy, distribute, and display that digital content. Please note that when you share your Better Days TV content, you allow the recipients to share and make copies of that content.
You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each video that you upload, share or print. Professional content that are provided to you by professional content creators or made available through websites or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
* for any unlawful purposes;
* to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
* to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Better Days TV;
* to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
* to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
* to upload, post, email or otherwise transmit any material which is likely to cause harm to Better Days TV or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
* to make videos manufactured and/or produced by Better Days TV available for viewing by the general public through a publicly posted link to the video or otherwise;
* to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.
Violation of any of these agreements will result in the termination of your Better Days TV account. While Better Days TV prohibits such conduct and content on its site, you understand and agree that Better Days TV cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Better Days TV service at your own risk.
You further agree that you shall not:
1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
2. provide any information to Better Days TV that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
3. make duplicate user accounts to bypass account restrictions.
4. 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 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. Notwithstanding the foregoing, Better Days TV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Better Days TV 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, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
-Monitoring of Content-Better Days TV does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.
-Suspension, Modification and Termination of Access and Membership-You agree that Better Days TV may at any time without notice:
* refuse to accept your application to become a member of Better Days TV ;
* move or suspend any part of the Service; or
* refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Better Days TV 's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Better Days TV to do so;
* modify any username or other content that could be confusing with any Better Days TV products and services or which contains any explicit/objectionable content.
-Storage Policy-Better Days TV provides online storage of content to its members. If your account becomes inactive for a period of 12 months, Better Days TV may, at its option, terminate access to the account altogether (including deletion of any account information held by Better Days TV ). Better Days TV may change this policy at any time, upon reasonable notice to you.
-User Termination- The user may cancel their account at any time without refund.
-Disclaimer of Warranty and Limitation of Liability-Better Days TV agrees that all services will be carried out with reasonable skill and care.THE SERVICE, Better Days TV'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY Better Days TV "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Better Days TV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO Better Days TV, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Better Days TV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, Better Days TV 'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF Better Days TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.