Statement of Copyright and Privacy Policies
Unauthorized copying or distribution of copyrighted WorldNetCast and
affiliated channels Content or User-Supplied Content is an infringement of
the copyright holder's rights. At our discretion and in appropriate
circumstances, WorldNetCast and affiliated channels may revoke the license
of Users who infringe upon the copyright, or other intellectual property
rights, of others. If you are a copyright holder who believes that
WorldNetCast and affiliated channels' Service is hosting or linking directly
to infringing copies of your work, please let us know. Pursuant to 17 United
States Code 512(c)(2), our designated agent for notice of alleged copyright
infringement on the Service is:
Attn: Copyright Agent
Unifund Corporation
WorldNetCast ,com and Affiliated Channels
9301 Wilshire Blvd Suite 300
Beverly Hills CA 90210
info@WorldNetCast.com
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification
of claimed infringement related to the Service must be a written
communication addressed to the designated agent as set forth above, and must
include substantially all of the following:
A. A physical or electronic signature of the owner (or person authorized to
act on behalf of the owner) of an exclusive right that is allegedly
infringed;
B. Specific identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works are covered by a single
notification, a list of each copyrighted work claimed to have been
infringed;
C. Information related to the work(s) reasonably sufficient for WorldNetCast
and affiliated channels to promptly locate the work (e.g. title of work,
location within the Service, etc.);
D. Information reasonably sufficient to permit WorldNetCast and affiliated
channels to directly contact the complaining party, such as a complete name
and address, telephone number, and an email address;
E. A statement that the complaining party has a good faith belief that use
of the work(s) in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
F. A statement requesting that WorldNetCast and affiliated channels take a
specific act with respect to the alleged infringement (e.g., removal, access
restricted or disabled); and
G. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Content supplied by or through the Service is provided with "RESTRICTED
RIGHTS." use, duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or
its successor. Use of any of such Content by the U.S. Government constitutes
acknowledgment of our or our suppliers' proprietary rights in them. In the
event that the Agreement, or any part thereof, is deemed inconsistent with
the minimum rights identified in the Restricted Right provisions, the
minimum rights shall prevail.
REMEDIES
The remedies described in this section are in addition to the right of
termination described under "Termination" and any remedies described
elsewhere in this Agreement.
WorldNetCast and affiliated channels reserves the right in its sole
discretion to investigate and take legal action against anyone who violated
the Code of Conduct or otherwise violates this Agreement, including without
limitation, removing offending User-Supplied Content from the Service and/or
suspending the offending User's ability to access the Service. Further,
WorldNetCast and affiliated channels may take any other action with respect
to User-Supplied Content or User actions that it deems necessary or
appropriate in its sole discretion, up to and including involving, and
cooperating with, law enforcement authorities.
You understand and agree that any unauthorized use of the Service would
result in irreparable injury to WorldNetCast and affiliated channels for
which money damages would be inadequate, and in such event WorldNetCast and
affiliated channels, shall have the right, in addition to other remedies
available at law and in equity, to immediate injunctive relief against you.
Nothing contained in this paragraph or elsewhere in this Agreement shall be
construed to limit remedies or relief available pursuant to statutory or
other claims that WorldNetCast and affiliated channels may have under
separate legal authority, including but not limited to, any claim for
intellectual property infringement. You understand and agree that your
cancellation of your Account is your sole right and remedy with respect to
any dispute with WorldNetCast and affiliated channels.
You agree to defend, indemnify, and hold harmless WorldNetCast and
affiliated channels, its partners, parent, subsidiaries, affiliates, agents,
distributors, contractors and licensors, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from: (a) any improper, unauthorized
or illegal uses of your User name, password and/or your Account (including
illegal, unauthorized or improper use by anyone to whom you have given
permission to use your User name, password and/or Account); (b) any
User-Supplied Content or other material you provide to any WorldNetCast and
affiliated channels Site, (c) your use of any WorldNetCast and affiliated
channels Content, or (d) your breach of the terms of this Agreement,
including without limitation the Code of Conduct, or of any law or
regulation. WorldNetCast and affiliated channels shall provide notice to you
promptly of any such claim, suit, or proceeding.
SUSPENSION OR TERMINATION
You may cancel your Account at any time by contacting info@WorldNetCast.com.
WorldNetCast and affiliated channels may, in its sole discretion, terminate
this Agreement or suspend your Account at any time with or without notice to
you in the event that you breach (or WorldNetCast and affiliated channels
reasonably suspects that you have breached) any provision of this Agreement,
or if WorldNetCast and affiliated channels is unable to verify or
authenticate any information you submit to WorldNetCast and affiliated
channels as part of the registration process. If WorldNetCast and affiliated
channels terminates this Agreement, or suspends your Account for any of the
reasons set forth in this paragraph, WorldNetCast and affiliated channels
shall have no liability or responsibility to you, and you agree that you
forfeit any amounts you have paid WorldNetCast and affiliated channels.
WorldNetCast and affiliated channels may terminate this Agreement and your
Account for any reason or no reason at the end of the then-current Term by
providing notice to you.
Upon termination of this Agreement for any reason, all of your rights to use
the Service and materials shall immediately terminate, and you shall
immediately cease using and destroy all WorldNetCast and affiliated channels
Content; provided, however, that you are still responsible under the terms
of this Agreement for any and all actions you may have taken prior to
termination.
MODIFICATIONS TO SERVICE AND WORLDNETCAST AND AFFILIATED CHANNELS CONTENT
WorldNetCast and affiliated channels may, without liability or obligation,
in its sole discretion and at any time make modifications to, or
discontinue, any WorldNetCast and affiliated channels Content and/or other
elements of the Service, with or without providing you with notice (except
as we may expressly agree to provide you with notice elsewhere in this
Agreement). The modifications may result in certain WorldNetCast and
affiliated channels Content being unavailable, or incompatible with certain
devices. Other Users may similarly delete or cease offering their
User-Supplied Content at any time without notice.
NOTICES
WorldNetCast and affiliated channels may provide you with any notices under
this Agreement by means of a posting on the Service, by e-mail, or by
sending a message to you through the Service.
CLAIMS AND ARBITRATION
Any action hereunder by a User must be brought, if at all, within one (1)
year from the accrual of the cause of action. You agree that the all
disputes and claims arising out of, or relating to, this Agreement or any
element of the Service, your use of any element of the Service (including
the arbitrability of any claim or dispute and the enforceability of this
paragraph), or to any other alleged act or omission by you or WorldNetCast
and affiliated channels, shall be determined exclusively by final and
binding arbitration. Provided however, that you agree that the terms of this
paragraph do not apply to any breach or alleged breach of the ownership or
license rights of WorldNetCast and affiliated channels or any of its
licensors with respect to any WorldNetCast and affiliated channels Content
and/or other elements of the Service, or your (or any third party’s) misuse
of the WorldNetCast and affiliated channels Content and/or Service, and
that, in the event of any such breach of alleged breach, WorldNetCast and
affiliated channels and its licensors will be irreparably harmed and
entitled to equitable and injunctive relief in addition to all other
remedies provided by this Agreement or available at law. The arbitration
shall be conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") before a panel of three arbitrators and
conducted in San Francisco, California. You and WorldNetCast and affiliated
channels also agree that the AAA Optional Rules for Emergency Measures of
Protection shall apply to the proceedings. Except as expressly set forth
above in this paragraph, you and WorldNetCast and affiliated channels may
litigate in court only to compel arbitration under this Agreement or to
confirm, modify, vacate or enter judgment on the award rendered by the
arbitrators. To the extent that you have breached or have indicated your
intention to breach this Agreement in any manner which violates or may
violate WorldNetCast and affiliated channel's or any of its licensor's
intellectual property rights, or may cause continuing or irreparable harm to
WorldNetCast and affiliated channels (including, but not limited to, any
breach that may impact WorldNetCast and affiliated channels' or it's
licensor's intellectual property rights, or a breach by reverse
engineering), WorldNetCast and affiliated channels may seek injunctive
relief, or any other appropriate relief, in any court of competent
jurisdiction. To the fullest extent permitted by applicable law: no
arbitration under this Agreement shall be joined to an arbitration involving
any other current or former licensee of WorldNetCast and affiliated
channels, whether through class arbitration proceedings or otherwise; no
finding or stipulation of fact in any other arbitration, judicial or similar
proceeding may be given preclusive or collateral estoppel effect in any
arbitration hereunder (unless determined in another proceeding between you
and WorldNetCast and affiliated channels); and no conclusion of law in any
other arbitration may be given any weight in any arbitration hereunder
(unless determined in another proceeding between you and WorldNetCast and
affiliated channels).
INTERNATIONAL
WorldNetCast and affiliated channels makes no claims that the Content may be
lawfully viewed or accessed outside of the United States. Access to the
Content may not be legal by certain persons or in certain countries. If you
access the Service from outside of the United States or provide any Content
(including User-Supplied Content) to any third party not a United States
citizen, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction and / or the jurisdiction of the third party
receiving such content.
GENERAL
As used in this Agreement the term "licensor" or "supplier" shall not refer
to the person at that time entering into the Agreement. You understand and
agree that, except as expressly set forth herein, this Agreement is not
intended to confer and does not confer any rights or remedies upon any
person other than the parties to this Agreement. The headings used in this
Agreement are for convenience only, and will have no effect on the
interpretation or legal enforceability of the terms herein. This Agreement
is governed by the internal substantive laws of the state of California,
without respect to its conflict of laws principles. The United Nations
Convention of Contracts for the International Sale of Goods will not govern
this Agreement, and is hereby expressly excluded. Jurisdiction for any
claims arising under this agreement shall be governed by the provision
concerning arbitration above, and shall otherwise lie exclusively with the
State or Federal courts within California. Capitalized terms shall have the
meaning set forth in this Agreement. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect.
WorldNetCast and affiliated channel’s failure to pursue any available claim
or defense pursuant to this Agreement or otherwise will not be a waiver of
such claim or defense. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term. Except
as expressly provided in a separate executed agreement, additional terms of
use for areas of the Service, or a specific "Legal Notice", this Agreement
and the Privacy Policy constitute the entire agreement between you and
WorldNetCast and affiliated channels with respect to the use the Service.
This Agreement will bind and inure to the benefit of each party's permitted
successors and assigns. However, this Agreement is personal to you and may
not be transferred, assigned or delegated to anyone. Any attempt by you to
assign, transfer or delegate this Agreement shall be null and void.
CHANGES TO THE AGREEMENT
WorldNetCast and affiliated channels may modify this Agreement at any time
in our sole discretion. If any modification is unacceptable to you, you
agree that your only recourse is to immediately terminate your use of the
Service. Your continued use of the Service following our posting of a change
of terms notice or new Agreement on the Service, or an email to you
providing notice of such change, will constitute your binding acceptance of
the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE
CONSENT TO WORLDNETCAST AND AFFILIATED CHANNELS TO E-MAIL YOU WITH NOTICES
CONCERNING MATERIAL CHANGES IN THIS AGREEMENT OR THE SERVICE.
Document last modified on September 15, 2007
Privacy Policy
1. INTRODUCTION. WorldNetCast and affiliated channels Inc. ("us," "we," or
"WorldNetCast and affiliated channels") is committed to respecting the
privacy rights of its customers, visitors, and other users of the
WorldNetCast and affiliated channels Website ("the Website"). We created
this privacy policy ("Privacy Policy") to give you confidence as you visit
and use the Website, and to demonstrate our commitment to fair information
practices and the protection of privacy. This Privacy Policy is only
applicable to the Website, and not to any other websites that you may be
able to access from the Website, each of which may have data collection,
storage, and use practices and policies that differ materially from this
Privacy Policy.
2. TYPES OF INFORMATION COLLECTED
2.1. TRAFFIC DATA COLLECTED. We automatically track and collect the
following categories of information when you visit our Website: (1) IP
addresses; (2) domain servers; (3) types of computers accessing the Website;
(4) types of web browsers used to access the Website; (5) other information
associated with the interaction of your browser and the Website
(collectively "Traffic Data"). Traffic Data is anonymous information that
does not personally identify you.
2.2. COOKIES & WEB BEACONS. We use "cookies" to customize your experience of
our Website and to store your password so you do not have to re-enter it
each time you visit the Website. (A "cookie" is an element of data that a
website, when visited by a user, sends to that user's browser which, in
turn, may store that element on the user's hard drive or memory.) At your
option, expense and responsibility, you may block our cookies or delete our
cookies from your hard drive. However, by disabling cookies, you may not
have access to the entire set of features of the Website. We use the
services of a marketing company to help us measure the effectiveness of our
advertising and how visitors use our site. To do this, we use Web beacons
and cookies provided by our marketing company on this site. The type of
information we collect includes the pages visited, and other usage data. By
supplementing our records, this information helps us learn things like what
pages are most attractive to our visitors, which of our products most
interest our customers, and what kinds of offers our customers like to see.
Although our marketing company manages the information coming from our site
on our behalf, we control how that data may and may not be used. If you do
not want to help us learn how to improve our site, products, offers and
marketing strategy, you can "opt-out" of our ability to analyze such data by
clicking here. WorldNetCast and affiliated channels may also use third party
advertising companies to serve ads on our behalf across the Internet. They
may also use cookies and action tags (also called web beacons or clear GIFs)
to collect anonymous information about your visits to our website and other
websites in order to measure and improve the effectiveness of ads. They do
not collect Personal Information.
2.3. PERSONAL INFORMATION COLLECTED. In order for you to access certain
areas of the Website, we may require you to provide us with certain
information that personally identifies you ("Personal Information").
Personal Information includes the following categories of information: (1)
Contact Data (such as your e-mail address and WorldNetCast and affiliated
channels password); and (2) Demographic Data (such as your zip code, age,
and income). If you communicate with us by, for example, e-mail or letter,
any information provided in such communication may be collected as Personal
Information.
2.4. STORAGE. We store all Personal Information, Traffic Data and review
postings indefinitely, even after "deletion," and may archive such
information elsewhere.
2.5. CHILDREN. WorldNetCast and affiliated channels does not knowingly
collect any information from individuals under the age of 13. If we learn
that we have received any information from an individual under the age of
13, we will delete that information.
3. USES OF INFORMATION COLLECTED
3.1. WORLDNETCAST AND AFFILIATED CHANNELS USE OF INFORMATION. We use
Personal Information to provide the Service to you, and to send you
information about WorldNetCast and affiliated channels or our products or
services, or to contact you when necessary. This information may include
e-mails to you from us and our partners. You may remove yourself from any
email lists we maintain at any time by clicking on the appropriate
unsubscribe button or link in the e-mail that we send to you. We may use
your Demographic Data or your Traffic Data to customize and tailor your
experience on the Website, displaying content that we think you might be
interested in and according to your preferences.
3.2. SHARING OF PERSONAL INFORMATION. We share certain categories of
information we collect from you in the ways described in this Privacy
Policy. We may share Demographic Data with advertisers and other third
parties only on an aggregate (i.e., non-personally-identifiable) basis.
WorldNetCast and affiliated channels does not rent or sell personally
identifiable information, such as your name or e-mail address, to
advertisers. We also share Personal Information and Traffic Data with our
business partners who assist us by performing core services (such as
hosting, billing, fulfillment, or data storage and security) related to our
operation of the Website. Those business partners have all agreed to uphold
the same standards of security and confidentiality that we have promised to
you in this Privacy Policy, and they will only use your Contact Data and
other Personal Information to carry out their specific business obligations
to WorldNetCast and affiliated channels. Last, we may transfer information
about you if WorldNetCast and affiliated channels is acquired by or merged
with another company. In this event, we will use reasonable efforts to
notify you before information about you is transferred and becomes subject
to a different privacy policy.
3.3. USER CHOICE. You may choose not to provide us with any Personal
Information. In such an event, you can still access and use much of the
Website; however you will not be able to access and use those portions of
the Website that require your Personal Information.
4. PROMOTIONS AND SWEEPSTAKES. If you chose to enter a promotion,
sweepstakes, or contest hosted by WorldNetCast and affiliated channels or
sponsored by WorldNetCast and affiliated channels and/or one of our
partners, we (and/or our promotional partner) may ask for your name,
address, and/or email address. You may be asked to provide additional
information or to answer certain questions, some of which may be optional,
in order to participate. We and/or our partner may contact you in connection
with a particular promotion, such as a sweepstakes or contest, in order to
update you of your status, administer the promotion, let you know that a
promotion has ended, and for other purposes. Promotions that are hosted on
the Service may be sponsored by WorldNetCast and affiliated channels, may be
co-sponsored by WorldNetCast and affiliated channels and another company, or
may be sponsored by companies other than WorldNetCast and affiliated
channels. Some or all of the data collected during a promotion may be shared
with the sponsor(s) or companies indicated on the entry form. We use
third-party advertising companies to generate and manage some of our e-mail
promotional campaigns. We may share with these companies Service usage
information about those visitors to our web site who have received an e-mail
as part of such promotional campaigns. This sharing is for the purpose of
targeting future campaigns and upgrading visitor information used in
reporting statistics.
5. CONFIDENTIALITY AND SECURITY. Except as otherwise provided in this
Privacy Policy, we will keep your Personal Information private and will not
share it with third parties, unless we believe in good faith that disclosure
of your Personal Information or any other information we collect about you
is necessary to: (a) comply with a court order or other legal process; (b)
protect the rights, property or personal safety of WorldNetCast and
affiliated channels or anyone else; (c) enforce our Terms of Use; or (d)
respond to claims that any posting or other content violates the rights of
third-parties.
5.1. PUBLIC INFORMATION. Any information that you may reveal in a review
posting or other online discussion or forum is intentionally open to the
public and is not in any way private. You should think carefully before
disclosing any personally identifiable information in any public forum. What
you have written may be seen and/or collected by third parties and may be
used by others in ways we are unable to control or predict.
5.2. SECURITY. Although we make good faith efforts to store Personal
Information in a secure operating environment that is not open to the
public, you should understand that there is no such thing as complete
security, and we do not guarantee that there will be no unintended
disclosures of your Personal Information. If we become aware that your
Personal Information has been disclosed in a manner not in accordance with
this Privacy Policy, we will use reasonable efforts to notify you of the
nature and extent of the disclosure (to the extent we know that
information), as soon as reasonably possible and as permitted by law.
5.3. LOST OR STOLEN INFORMATION. You must promptly notify us if your Contact
Data is lost, stolen, or used without permission. In such an event, we will
remove that Contact Data from your account and update our records
accordingly.
6. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time
and without notice, to add to, change, update, or modify this Privacy
Policy, simply by posting such change, update, or modification on the
Website and without any other notice to you. Any such change, update, or
modification will be effective immediately upon posting on the Website.
If you have any comments on or questions about this Privacy Policy, please
contact: info@WorldNetCast .com
Last Modified September 15, 2006. Copyright 2007, Unifund Corporation /
WorldNetCast and affiliated channels Inc.
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