Terms of Service
1. Acceptance of Terms
RhythmOne, LLC (referred to here as “RhythmOne”) provides its Service (as defined below) to you subject to this Terms of Service agreement (“TOS”). RhythmOne may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the blinkx.com website (“Site”) and you represent that you are of legal age to form a binding contract.
2. Description of Service
The “Service” includes (a) the Site, (b) the services provided by the Site and by the RhythmOne software made available through the Site, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site or services, or developed under the RhythmOne software API (“Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. Personalized Account
In order to access some features of the Service, you will have to create a blinkx.com account. Two methods to create your blinkx.com account may include logging in via your Facebook or Twitter account. You must provide accurate and complete information for any information you provide, and you must safeguard your account password. You may never use another person’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep access to your account secure. Should there be any breach of security or unauthorized use of your account, you must notify us immediately.
RhythmOne will not be liable for any losses caused by any unauthorized use of your account; however, you may be liable for the losses of RhythmOne or others due to such unauthorized use. RhythmOne may also terminate a user’s access to the Service if, under appropriate circumstances, there are repeated breaches of security or unauthorized use with your account.
You may deactivate your account at any time by logging in to the Site, clicking on Settings under your profile picture, and then clicking the button “Deactivate”.
4. Permission to Use the Service
You may access the Service for personal, non-commercial streaming use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You further acknowledge that certain Content that is made available is protected by proprietary rights. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with RhythmOne. You acknowledge that RhythmOne may, in its sole discretion and at any time, discontinue providing any part of the Service without notice. You are responsible for any costs you incur to access the Site or to use our Service.
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
- Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.
- Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to promote hatred towards any group of people.
- Using the Service to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.
- Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
- Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.
- Additionally, portions of the Service, including specifically, certain content and programming available on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not access or view any content and programming in violation of the specified age recommendations.
RhythmOne will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. Making Claims of Copyright Infringement
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the RhythmOne immediately through the notification procedure outlined at http://www.RhythmOne.com/corporate/about/dmca, which is incorporated here by reference and made a part of this TOS.
RhythmOne, the RhythmOne logo, www.RhythmOne.com, and other RhythmOne marks, graphics, logos, scripts, and sounds are trademarks of RhythmOne. None of the RhythmOne trademarks may be copied, downloaded, or otherwise reproduced without our prior written permission.
We take no responsibility for any advertisements or any third party material, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that RhythmOne is not liable for any loss or claim that you may have against an advertiser.
10. Disclaimer Of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, RHYTHMONE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. RHYTHMONE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. RHYTHMONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, APPLICATION OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RHYTHMONE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, APPLICATIONS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE, OR INSTALLATION OR DOWNLOAD OF ANY APPLICATION, THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHYTHMONE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
11. Limitation On Liability
YOU UNDERSTAND AND AGREE THAT RHYTHMONE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RHYTHMONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (G) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SERVICE BY A THIRD PARTY; OR (H) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT THIS LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE AGGREGATE LIABILITY OF RHYTHMONE SHALL NOT EXCEED THE AMOUNT OF FIFTY UNITED STATES DOLLARS (US$50).
You agree, at your own expense, to indemnify, defend, and hold harmless RhythmOne, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to your use of or access to the Service, or violation of this TOS by you.
13. Ability to Accept Terms of Service
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this TOS, and to abide by and comply with this TOS. This Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
14. Waiver and Severability
The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
15. Governing Law
This TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to its principals of conflicts of law. Any action brought by you against RhythmOne arising out of this TOS shall be brought exclusively in the courts located in San Francisco County, California, and any action brought by RhythmOne against you arising out of this TOS shall, at the election of RhythmOne, be brought in either the courts located in San Francisco County, California, or the applicable courts of the jurisdiction in which you reside at RhythmOne’s absolute and sole discretion. You and RhythmOne hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
16. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This TOS and the rights and licenses it grants or receives may be assigned or transferred by RhythmOne without restriction.
Effective: February 12, 2013
Revised June 15, 2016