Invision.tv Terms of Service

Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the Invision.tv service ("Service"). Failure to adhere to your responsibilities under this Agreement will result in termination of your Invision.tv account and/or may expose you to liability.

1. Acceptance of terms

By using and/or visiting this website (collectively, including all content and functionality available through the invision.tv domain name, the "Invision.tv Service", or "Invision.tv Website" or "Website), you signify your agreement to the terms and conditions (the "Terms of Service") specified here, If you do not agree to any of these terms, please do not use the Invision.tv Service.

Invision.tv reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portion of these terms at any time. Any such changes will be reflected on the Website and your continued use of the Invision.tv Service will constitute your acceptance of these terms or any revised terms. Invision.tv may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. Invision.tv hereby specifically disclaims responsibility for your failure to read any third party terms of service.

2. Invision.tv Accounts

In order to access some features of the Invision.tv Service, you will have to create an Invision.tv account. You may never use another's account without permission. 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 Invision.tv immediately of any breach of security or unauthorized use of your account. Although Invision.tv will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Invision.tv or others due to such unauthorized use.

3. General Use of the Invision.tv Service / Website -- Permissions and Restrictions

Invision TV hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Invision TV's prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to access User Submissions (defined below) or Invision.tv Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Invision.tv may designate.

D. You agree not to use the Website for any commercial use without the prior written authorization of Invision TV. Prohibited commercial uses include any of the following actions taken without Invision TV's express approval:

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Invision.tv servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Invision.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. Invision.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 Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

G. Invision.tv reserves the right to discontinue any aspect of the Invision.tv Website at any time.

4. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Invision.tv Website.

A. The content on the Invision.tv Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Invision.tv, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Invision.tv reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Invision.tv Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Invision.tv Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Invision.tv Service or otherwise as prohibited under this Agreement.

D. You may access Invision.tv Content only as permitted under this Agreement. Invision.tv reserves all rights not expressly granted in and to the Invision.tv Content and the Invision.tv Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Invision.tv Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Invision.tv Website or the Content therein.

G. You understand that when using the Invision.tv Website, you will be exposed to Content from a variety of sources, and that Invision.tv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Invision.tv with respect thereto, and agree to indemnify and hold Invision.tv, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. Advertisements

You agree that in order to provide you this service Invision.tv can place advertisements into any interface provided by Invision.tv. Such advertisements are under Invision.tv's sole and absolute control and may not, under any circumstances, be removed. Further, you understand that in order to provide the video hosting service, Invision.tv has the right to allow advertisers to cover the costs of this service and as such has the choice of advertisers and the content of their message is at the discretion of Invision.tv. Additionally Invision.tv reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.

6. Cancellation Policy

You are free to cancel your Invision.tv account at any time. Cancellation requests must be sent via email from the contact address for the account to info@invision.tv.

7. Termination of Service / Removal Policy

We reserve the right to temporarily deactivate or permanently remove any Invision.tv account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these terms, illegal use, and network or server abuse.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE INVISION.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INVISION TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INVISION TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INVISION TV WEBSITE. INVISION TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INVISION TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INVISION TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL INVISION TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INVISION TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT INVISION TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Invision TV from its facilities in the United States of America. Invision TV makes no representations that the Invision.tv Website is appropriate or available for use in other locations. Those who access or use the Invision.tv Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Invision.tv, its parent corporation, officers, directors, employees and agents, 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: (i) your use of and access to the Invision.tv Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Invision.tv Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Invision.tv Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Invision.tv Website.

12. Server Downtime Policy

While Invision.tv attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.

13. Invision.tv Interface and Functionality

Invision.tv strives to create a reliable, powerful and easy to use interface. As such Invision.tv reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. Invision.tv will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.

14. Governing Law / Miscellaneous

These terms shall be construed in accordance with the laws of the State of Virginia, and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of Fairfax County, Viriginia. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between these terms and any additional terms and conditions posted on the Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, these terms shall control.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Invision TV without restriction.

Invision.tv Privacy Details

Updated as of March 17, 2008

Protecting the privacy of all of our users is an ongoing commitment of Invision TV LLC and our Invision.tv Service  This Privacy Policy, which applies to all websites and services provided under the Invision TV names and marks, explains how Invision.tv treats personal information that we collect and receive. Personal information is information about you, not otherwise publicly available, that personally identifies you; personal information may include your name, location, email address, birth date, or other identifying information.

Invision.tv has established registration and sign-in procedures which, in conjunction with this Privacy Policy, help ensure the privacy of information provided to Invision.tv by its visitors and members while using the Invision.tv Website. You should be aware that this Privacy Policy applies only to the Invision.tv Website and Services, and not to any other websites you may visit before or after the Invision.tv Website.

Questions regarding our privacy policy should be directed to info@invision.tv.

What Does the Invision.tv Privacy Policy Cover?

This privacy policy applies to web pages ending in invision.tv that contain a link to this privacy policy at the bottom of the web page. Inclusion of the Invision.tv logo at the top of a web page does not necessarily mean that this privacy policy applies. Be sure to check the URL that you link to from Invision.tv web pages to determine whether this privacy policy applies. If you have any questions about this, contact us at info@invision.tv.

What Information Does Invision.tv Collect From You?

You can visit our site and use most of our services without having to tell us who you are or reveal any personally identifiable information to us. There are, however, a few instances where we do collect personally identifiable information in order to fulfill your request.

Whenever you visit Invision.tv, our web server logs automatically receive and record anonymous information from your web browser including your IP Address, Invision.tv cookie information, the Invision.tv page(s) you request, the time spent on each web page and any search terms you query.

Invision.tv uses this anonymous information to customize your experience on our site, to show you more relevant advertising messages, and to improve our services in general. This information allows other users to benefit from the quality searches you perform, ultimately receiving the most relevant, pertinent information. We ordinarily do not attempt to link this information to a specific person.

When you register to become a Member of the Invision.tv Website, Invision.tv collects certain information such as your email address, and your domain URL (collectively, "Membership Information"). In addition, we may collect survey responses or other information regarding our users' interests and preferences.

Invision.tv will not distribute, sell or rent any of the personal information about you to other people or nonaffiliated companies except to enable the provision of services or products you have requested or when we have your permission to do so.

Some contests, sweepstakes and other promotions that will appear on the Invision.tv Website may also be sponsored by other companies. These companies may also seek to collect personal information from you. You can avoid providing your personal information to these companies and sponsors by not participating in these contests, sweepstakes or promotions. In any event, you are encouraged to make yourself familiar with the privacy policy specific to any such event prior to your agreement to participate.

Please remember that any personal information voluntarily disclosed by you that you choose to share is done within your sole discretion and we are not responsible for the outcome of that information. We encourage you to always remain aware of this possibility. Invision.tv encourages you to use common sense and be cautious about what information you may provide online, whether through our websites or elsewhere on the Internet.

You acknowledge, consent, and agree that Invision.tv may access, preserve, use, and disclose your Membership Information, including content uploaded to or downloaded from Invision.tv's Website and services, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

Enforce the Invision.tv Terms of Service;

(b) Respond to claims that any uploaded materials violate the rights of third-parties;

(c) Respond to your customer service requests;

(d) Comply with legal process; and/or

(e) Protect the rights, property, or personal safety of Invision.tv, its users, or the public.

How Do We Use Personal Information?

Our primary goal is to provide members with the most useful and enjoyable experience on the Internet. Our advertisers will never be privy to your Membership Information, unless you permit us to give it to them so that they can provide you with products or services. Your email address may be used by us for communications related to the Invision.tv services, including but not limited to sending notices about new features, products, or other information of interest to you.

The Invision.tv Website is constantly evolving and changing in content and in features. Member Information helps guide such changes and the evolution of our websites. Our advertisers and affiliates may be provided general information or data regarding membership usage patterns or interests, so that they too can better serve your needs and preferences, but such disclosure will not include individually identifiable information. The collection of usage and interest information allows us to provide a constantly evolving and user-sensitive package of services, products, and features that satisfy member needs, wants and desires but always with the priority of protecting individual member privacy.

Do Any Third Parties Receive or Collect Your Information Through Invision.tv?

In the few instances where Invision.tv collects personally identifiable information, Invision.tv will not share it with other companies or individuals unless:

We have your permission to share the information; or

We need to share your information with certain third parties with which we have a business relationship in order to provide a product or service you have requested. Unless we tell you otherwise, these third parties do not have the right to use your personal information we share with them beyond what is necessary to deliver your requested product or service; or

We are responding to subpoenas, court orders, or other legal process, to establish or exercise our legal rights or defend against legal claims; or

If Invision.tv is acquired by another company whether through merger or purchase of its stock or all or substantially all of its assets, we will share the information with the acquiring company.

Furthermore, Invision.tv will not sell or disclose your personally identifiable information as customer lists to anyone. Nor will we share with anyone personally identifiable information about you that is of medical, financial or sexual nature.

Invision.tv shares some of the user information, such as user trends, search language, and time of day with third parties that may set and access cookies on your computer. Other advertisers or advertising services may set cookies but this information is not shared with Invision.tv nor is it personally identifiable information.

None if these third parties nor any other advertiser or advertising service, receives personally identifiable information from Invision.tv. However, certain advertisements or contests you see on our site may provide for the collection of personally identifiable information. Such information is never shared with Invision.tv.

What Security Measures Are in Place to Protect Your Information?

Invision.tv operates secure data networks protected by industry standard firewall and password protection. We have security measures in place to attempt to protect against the loss, misuse or alteration of your user data.

Only certain employees have access to the information you provide us.

How Will You Be Notified if Invision.tv Changes this Privacy Policy?

Invision.tv updates this policy from time to time. If we are going to use personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our databases, we will post a prominent notice on our web site notifying users of the change. Bear in mind that the only way to ensure your personal privacy whenever you are on the Internet is to make sure your browser is configured so that you are alerted to all cookies.

Cookies

Invision.tv places cookies on your computer to retain your individual preferences and improve your user experience on our website, as well as to tell us what features of our sites are most popular. We do not store any personal information in cookies, nor do we use cookies to obtain any personal information from you.

Affiliates and advertisers, product and service providers may also use their own cookies when you interact with their sites and you should be aware of this as you do so.

How Do I Edit My Membership Information?

All of your Membership Information is located in your personal Invision.tv profile. Your profile can be edited at any time, by logging in with your User Name and password, then clicking on the "Your Settings" link.

Notice Regarding Children

We at Invision.tv take the online safety of children very seriously. Invision.tv's websites and services are directed to adults. We do not allow children under the age of 13 to obtain User Names, and we do not intentionally collect any personal information from children under 13. If you are between the ages of 13-18 years old, we encourage you to discuss the use of this website with your parents.

Your Questions or Suggestions Regarding this Privacy Policy.

If you have a privacy concern regarding any Invision.tv Website or this Policy, and if you cannot satisfactorily resolve it through the use of the websites, you should complete a feedback form or write to us by email at info@invision.tv.