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Terms

General Terms And Conditions

These General Terms and Conditions contain legal obligations. Please read them carefully.

  1. Ownership of Service.

The Sorenson Media, Inc. (together with its affiliates, “Sorenson”) website (www.sorensonmedia.com and any variations of or successors to these websites, collectively, the “Sorenson Websites” or the “Websites”) and the Sorenson service (together with the Websites, the “Sorenson Service” or the “Service”) are owned by Sorenson. The Sorenson Service currently consists of various web pages at or linked to the Websites as well as areas of numerous websites operated by other companies that have entered into an agreement with Sorenson to publish their artwork, text, video, audio, images, software, data compilations and the like (the “Content) through the Sorenson Service on their site. The Sorenson Service may expand or change from time to time. Sorenson reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Sorenson suggests that you check these terms and conditions periodically for changes. If you use this website after Sorenson posts changes to these terms and conditions, you accept the changed terms and conditions.

  1. Application of General Terms and Conditions.

Use by end users of the Sorenson Service and the Sorenson Websites is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new Sorenson properties, shall be subject to these General Terms and Conditions. In addition, Sorenson may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements for certain of its Services, in which case, if there is any conflict between these General Terms and Conditions and such other agreement(s), the other agreement(s) shall control. When you are using any service or product offered by Sorenson that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Sorenson also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Sorenson Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these General Terms and Conditions.

  1. Non-Discrimination.

Sorenson does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion or any other protected status.

  1. Questions.

Please direct any legal questions to:

Sorenson Media, Inc.

13961 Minuteman Drive, Suite 100

Draper, Utah 84020

ATTN: Legal Department

  1. Acceptance.

By accessing or using the Sorenson Service, you agree, without limitation or qualification, to be bound by, and to comply with, these General Terms and Conditions and any other posted guidelines or rules applicable to any website where the Sorenson Service is found. PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS DO NOT USE THIS OR RELATED WEBSITES OR THE SORENSON SERVICE.

  1. Conditions and Restrictions of Use.

A.Termination.

Use of the Sorenson Service is subject to compliance with these General Terms and Conditions. You acknowledge and agree that Sorenson may terminate and/or suspend your access to any portion of the Sorenson Service should you fail to comply with these General Terms and Conditions or any other guidelines and rules published by Sorenson. Any such termination or suspension shall be in Sorenson’s sole discretion and may occur without prior notice, or any notice. Sorenson further reserves the right to terminate or suspend any user’s access to Sorenson or to any portion of the Sorenson Service for any conduct that Sorenson, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Sorenson or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.

B. Access to Content.

Please be aware that the majority of the content found on or through the Sorenson Service is for general audiences, but there may be certain content which is adult, mature or otherwise inappropriate for minors. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. Sorenson requires verified parental consent for anyone under the age of 13 who seeks to conduct a transaction through the Services, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Sorenson Service may not be available to children under 13 under any circumstances.

C. Registration and Privacy.

Certain of the Sorenson Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Sorenson registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sorenson has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sorenson has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All Sorenson registrations become the exclusive property of Sorenson, its affiliates, successors in interest, and subsidiaries. Sorenson reserves the right to use and reuse all registration and other personally identifiable user information subject to the Sorenson Privacy Policy, which is found at http://www.sorensonmedia.com/privacy. By using the Service, you acknowledge receipt of the Sorenson Privacy Policy and notice regarding the privacy of children under the age of 13 while using the Sorenson Service. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Sorenson Privacy Policy. For those portions of the Sorenson Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (i) immediately notify Sorenson of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Sorenson cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

D. Responsibility for Minors.

In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Services; and (c) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SORENSON SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

E. Content Not Screened or Error Free.

You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Sorenson is not obligated to screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Sorenson be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Sorenson does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Sorenson Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at: Sorenson Media, Inc.

c/o Legal Department

13961 Minuteman Drive, Suite 100

Draper, Utah 84020

F. User Agreement Not to Circumvent Publishers’ Ownership Rights.

You acknowledge and agree that your rights to view the publisher content that you access on or through the Sorenson Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Sorenson Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

G. Intellectual Property Rights.

All Content, trademarks, service marks and trade dress included on the Websites is the property of Sorenson or its licensors and is protected by United States and international intellectual property laws, including copyright laws. The compilation of all Content on the Websites is the exclusive property of Sorenson. All rights are reserved. No right, title, or interest in those marks is granted to you by these terms and conditions. If you download software from the Websites, the software – including any files, images incorporated in or generated by the software, and data accompanying the software – is licensed to you by Sorenson only for your use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the Websites. Sorenson does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but Sorenson retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software that you download from the Websites to any other form whatsoever.

With respect to a license from Sorenson pertaining to MPEG-4 Video Decoders and/or Encoders: ANY SUCH PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (A) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (B) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.

With respect to a license from Sorenson pertaining to MPEG-4 Consumer Recorded Data Encoder, MPEG-4 Systems Internet Data Encoder, MPEG-4 Mobile Data Encoder, and/or MPEG-4 Unique Use Encoder: ANY SUCH PRODUCT IS LICENSED UNDER THE MPEG-4 SYSTEMS PATENT PORTFOLIO LICENSE FOR ENCODING IN COMPLIANCE WITH THE MPEG-4 SYSTEMS STANDARD, EXCEPT THAT AN ADDITIONAL LICENSE AND PAYMENT OF ROYALTIES ARE NECESSARY FOR ENCODING IN CONNECTION WITH (A) DATA STORED OR REPLICATED IN PHYSICAL MEDIA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND/OR (B) DATA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND IS TRANSMITTED TO AN END USER FOR PERMANENT STORAGE AND/OR USE. SUCH ADDITIONAL LICENSE MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM FOR ADDITIONAL DETAILS.

With respect to a license from Sorenson pertaining to MPEG-2 Encoding Product: ANY USE OF SUCH PRODUCT IN ANY MANNER OTHER THAN PERSONAL USE THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, LLC, 6312 S. Fiddlers Green Circle, Suite 400 E. Greenwood Village, Colorado 80111 U.S.A.

H. Third Party Licenses.

You are responsible for securing any third party license or licenses necessitated by any aspect of your use of the Service, for example and without limiting the breadth of the foregoing licensing responsibility, your use of a digital download service built on top of the Service.

I. Pricing Threshold.

Except as may be set forth in a separate agreement, Sorenson reserves the right, and by use of the Service you hereby authorize Sorenson, to implement and modify at any time a user pricing threshold for your use of the Service, whereby the price to be paid by you may be increased relative to an escalation in the volume of Content used. In implementing or modifying a pricing threshold, Sorenson further reserves the right, and by use of the Service you hereby authorize Sorenson, to establish an upscaling pre-defined ceiling as a part of the pricing threshold.

J. Upload/ Encoding Threshold.

Except as may be set forth in a separate agreement, Sorenson reserves the right, and by use of the Service you hereby authorize Sorenson, to implement and modify at any time a user upload/encoding threshold for your use of the Service, whereby the price to be paid by you may be increased relative to an escalation in the volume of users accessing the upload/encode section of the Service. In implementing or modifying a pricing threshold, Sorenson further reserves the right, and by use of the Service you hereby authorize Sorenson, to establish an upload/encoding pre-defined ceiling as a part of the pricing threshold.

  1. Prohibited Conduct.

In addition to paragraphs 6.F. and 6.G. above, you agree that you will not use Sorenson Services to:

A. Upload, post, email, share, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

B. Upload, post, email, share, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.

C. Collect, share or store personally identifying information about other users for commercial or unlawful purposes.

D. Impersonate any person or entity, including without limitation a Sorenson official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.

E. Upload, post, email, share, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, share, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

(i)  Making available copyrighted software or other Content that has had the copyright protection removed.

(ii) Making available serial numbers for software that can be used to illegally validate or register software.

(iii)            Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.

(iv)            Making available any software files for which the user does not own the copyright or have the legal right to make available.

F. Upload, post, email, share, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.

G. Upload, post, email, share, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or Sorenson.

H. Conduct your own contests and promotions or upload, post, email, share, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.

I. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

J. Intentionally or unintentionally perform or solicit performance of any illegal activity, violate or solicit the violation of any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use Sorenson or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, share, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

K. Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.

L. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.

M. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.

N. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, such as without limitation any of the following items:

(i)     Any explosives, or weapons unlawful to possess, transport, buy, sell or the like.

(ii)    Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.

(iii)   Any alcoholic beverages.

(iv)   Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.

(v)    Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.

(vi)   Any controlled substances or pharmaceuticals.

(vii)  Any items that are counterfeit or stolen.

(viii) Any dangerous items.

(ix)   Any goods or services that do not, in fact, exist.

(x)    Any registered or unregistered securities.

(xi)   Any items that violate or infringe the rights of other parties.

(xii)  Any items that you do not have the legal right to sell.

(xiii) Any items where doing so through Sorenson or the Service would cause Sorenson to violate any law.

You expressly acknowledge and agree that Sorenson may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these General Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sorenson, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Sorenson with regard to its users may be disclosed in accordance with Sorenson’s Privacy Policy. Sorenson also may suspend or terminate any user account for any Service because of user inactivity. For example, a Sorenson account may be terminated or suspended if a user fails to sign-in to the Sorenson Service for an extended period of time. Full timely monthly payment for the Service by a user will generally constitute activity sufficient to avert suspension or termination. What is considered “user inactivity” varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.

O.Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

P. Gain or attempt to gain unauthorized access to any portion or feature of the Websites, or any other systems or networks connected to the Websites or to any Sorenson server, or to any of the services offered on or through the Websites, by circumventing the Websites’ access control measures, either by hacking, password “mining” or any other means. You may not probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Websites, or any customer of Sorenson, including any Sorenson account other than your own, or exploit the Websites or any service or information made available or offered by or through the Websites, in any way where the purpose is to reveal any information, including but not limited to personal information or information other than your own information. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites. Sorenson specifically prohibits and reserves the right to bar any such activity.

Q. Take any action that in Sorenson’s sole discretion imposes an unreasonably large load on the infrastructure of the Websites or Sorenson’s systems or networks, or any systems of networks connected to the Websites or to Sorenson. You may not delete or change any Content on the Websites. You may not systemically download or print out materials from or systemically upload files or data to, or upload a virus or corrupted data to the Websites.

R. Commercial and other websites desiring to link to Websites are to obtain permission from Sorenson and any such link is to satisfy all six (6) of the following requirements:

(i)  Resolves to Sorenson’s homepage.

(ii) Indicates clearly that the link will lead to the Websites.

(iii)            Does not falsely represent or suggest any relationship between the linking site and Sorenson (including suggestions of affiliation, endorsement, or sponsorship).

(iv)            Delivers Sorenson’s content outside of a framed or in-line linked environment.

(v) Maintains the integrity of Sorenson’s layout, content, and look and feel.

(xi)            Delivers users to the Websites, unaltered, unmodified, unadulterated in any way by the linking site.

A site that complies with all six (6) of the above requirements may also offer a link to other content within the Websites, so long as any such link also meets requirements two through six (ii-xi) above.

This limited license expressly prohibits the framing of Content in any way or any other activity, specifically including but not limited to referencing “Sorenson” as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.

S. Access or attempt to access the Service from a number of machines, i.e., seats, in excess of three (3).

  1. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.

Sorenson respects the intellectual property rights of others. Sorenson does not, however, independently confirm that all Content made available through the Sorenson Service is provided by a valid rights holder. In the event that Sorenson becomes aware that Content published on or through the Sorenson Service has been provided by a person who is not a valid rights holder, Sorenson may, in appropriate circumstances and at its sole discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sorenson’s General Counsel the following information:

A. A description of the copyrighted work or other intellectual property that you claim has been infringed;

B. A description of where the material that you claim is infringing is located or found on the Websites or Service;

C. Your address, telephone number and, if available, an email address;

D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

E. A statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner;

F. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Questions of copyright or other intellectual property matters should be sent to Sorenson’s General Counsel as follows:

Sorenson Media, Inc.

c/o Legal Department

13961 Minuteman Drive, Suite 100

Draper, Utah 84020

For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.

  1. License To Content.

Except as otherwise provided by the Sorenson Privacy Policy, with respect to any Content posted by you on, to, or through Sorenson or the Services, you grant Sorenson a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content solely for the purpose of providing the Services. Such license shall apply with respect to any form, media, or technology now known or later developed. You shall retain all right, title and interest to all Content posted by you.

10. Governing Law.

These General Terms and Conditions shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.

     11. Miscellaneous.

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

 

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