ACCEPTANCE OF TERMS
New York Video School, LLC. (“NYVS”) provides the following website (“Website”) and Service (as defined below) to you, subject to the terms and conditions set forth below (“Terms”). Failure to comply with these Terms may result in account revocation. By using or accessing the Website or the Services you agree to the Terms. If you do not agree with these Terms, you should not use the Website. When you create an account you covenant, represent and warrant that you are at least 18 years of age or are otherwise authorized and able to enter into a validly binding contract. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
DESCRIPTION OF SERVICE
NYVS is a web-based film school. Our service teaches users digital video skills through online courses and a collaborative social learning community (“Service”). The Service may be used through a web browser. Once registered with NYVS, each user receives his or her own profile with which he/she can access NYVS proprietary course content (“Subscriber Content”) and also post text and videos to the Website (“Submitted Content”). This Submitted Content may reside on NYVS’s servers or on the servers of a third party. If you do not register with NYVS, you will neither have access to Subscriber Content nor the ability to post Submitted Content.
YOUR REGISTRATION OBLIGATIONS
ACCURACY OF ACCOUNT INFORMATION
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse or restrict any and all current or future use of the Services.
You can find the specific details regarding your membership with NYVS at anytime by clicking on the “Your Account” link, located at the top of the pages of the Website.
We encourage the use of our Service by offering free trial period for first time customers of the NYVS Service. Free trials are limited to one per household and may not be combined with other offers. You must have Internet access and a valid credit card or debit card (“Payment Method”) to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one month of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period membership period.
We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of your free trial membership period unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY SITE WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at any time. We may offer a number of membership plans, including special promotional plans. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific membership plan, click the “Membership Terms and Details” link on the “Your Account” page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle.
Monthly and Other Charges. By starting your NYVS membership, you expressly agree that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription purchases you make or service level changes you request. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the “Membership Terms and Details” link on the “Your Account” page to see the commencement date for your next renewal period.
Automatic Billing Details. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges.
Refunds and Credits. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Fee Changes. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
Change or Edit Payment Method. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “Your Account” button, available at the top of the pages of the Website. If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Your NYVS membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
You may cancel your membership to NYVS at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words “Cancel Membership” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Membership.” We reserve the right to terminate your account for any or no reason.
CONNECTIVITY COSTS AND EQUIPMENT
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NYVS may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that NYVS may establish limits concerning use of the Service and may modify these limits at any time.
MODIFICATIONS TO SERVICE
NYVS reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that NYVS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or otherwise use the Service for any commercial purpose.
You agree that NYVS, in its sole discretion, may terminate your password, username, or account, and remove and discard any Submitted Content within the Service, for any reason, including and without limitation, the lack of use, or if NYVS believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at NYVS’s discretion, will be terminated as well. NYVS may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms may be effected without prior notice, and acknowledge and agree that NYVS may immediately deactivate or delete your NYVS account and all related information and files. NYVS reserves the right to bar any further access to such files or the Service. You agree that NYVS shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for NYVS to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that NYVS has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by NYVS throughout the Service are subject to change at NYVS’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NYVS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service
The Website or the Service may provide links to non-NYVS websites or resources (the “Third Party Websites”). Because we have no control over Third Party Websites, you acknowledge and agree that we are not responsible for the availability of Third Party Websites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Websites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity they may contain.
LICENSING SUBMITTED CONTENT
For clarity, you retain all of your ownership rights in your Submitted Content. However, by uploading or otherwise making available any Submitted Content on the Website, you automatically grant and/or warrant that the owner has granted to us a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submitted Content (or any portion or derivative works thereof) in any manner, in any medium, for any purpose in connection with the provision of the Service. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms. Notwithstanding the foregoing, the Service may provide certain access controls that allow you to control the type and nature of users who may access or review your Submitted Content.
You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of the Submitted Content, or any portion thereof, or of your name, personality, likeness, image or voice in connection with the Submitted Content, or any advertising or publicity relating thereto.
NYVS PROPRIETARY RIGHTS
You acknowledge that the Subscriber Content, other content on the Website (except for Submitted Content), the Service, and all underlying technology, software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you by NYVS (collectively, the “Company Content”) are the proprietary works of NYVS and/or our affiliates and/or licensors and are protected, without limitation, pursuant to U.S. and foreign copyright laws. NYVS reserves all rights not expressly granted in and to the Company Content.
PROHIBITED USE OF COMPANY CONTENT
Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Company Content, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Company Content. You may not store any significant portion of any Company Content in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content on any server. Any unauthorized or prohibited use of the Company Content may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
PERMITTED USE OF COMPANY CONTENT
We grant you a personal, non-exclusive, royalty-free, limited, non-perpetual, revocable, non-transferable, non-assignable license to access and utilize the Company Content for non-commercial personal or educational purposes while these Terms are in full force and effect. You acknowledge that we, our affiliates and/or our licensors, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing. These rights granted to you are revocable by us in accordance with these Terms.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing in these Terms or otherwise in any Company Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other website unless approved by us in advance in writing.
You understand that all Submitted Content, including without limitation, all information, data, text, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Submitted Content originated. NYVS does not control Submitted Content posted via the Service and, as such, does not guarantee the validity of such Submitted Content. You also understand that by using the Service, you may be exposed to Submitted Content that is offensive, indecent, or objectionable. In connection with the Submitted Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your content to enable inclusion and use of the content in the manner contemplated by the Website and these Terms of Service. Should Submitted Content be found or reported to be in violation with, but not limited to, the following terms, it will be NYVS’s sole discretion as to what action should be taken.
You agree to NOT use the Service to:
If NYVS determines, in its sole and absolute discretion, that any user is in violation of the Terms, NYVS retains the right to terminate such user’s account at any time without prior notice.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYVS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NYVS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYVS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYVS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NYVS may at any time revise these Terms by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
NYVS respects the intellectual property of others, and we ask our users to do the same. We do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Website or its contents will terminate the limited license granted by us.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us our Copyright Agent (identified below) a notice with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Website;
d. your address, telephone number, and email address;
e. 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; and
f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: email@example.com
These Terms and any policies applicable to you posted on the Website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.
These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), you agree that any dispute arising out of or relating to the Website or Services or use of the Website or Services shall be heard exclusively in the courts of the State of New York and you covenant and agree not to bring suit in any other forum.
Any notice or other communication to be given hereunder by NYVS will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.