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MYTONOMY, INC. TERMS AND CONDITIONS

By using or visiting the Mytonomy, Inc. website (the "Website") and services provided to you on, from, or through the Website (collectively the "Service") you signify your agreement to these Terms of Service (these "Terms of Service") between Mytonomy, Inc. ("Mytonomy") and you. Mytonomy may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date version at Terms and Conditions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. If your consent is not granted, Terms of Service will terminate. By clicking yes, you also agree to Mytonomy's privacy policy, found at Privacy Policy and incorporated herein by reference. 

In consideration for your use of the Services, you hereby consent and agree to the following:

  • YOUR ACCOUNT, CONTENT OF OTHERS, AND USE OF THE SERVICE

    1. To watch videos or read testimonials and upload videos or written testimonials using the Services, you will need to sign up for an account with Mytonomy (an "Account"). We ask for some personal information when you create an Account, including your email address and a password, which is used to protect your Account from unauthorized access.
    2. You affirm that you are 13 years of age or older, as the Service is not intended for anyone under 13. If you are under 13 years of age, then please do not use the Service. Should you choose to upload content, 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.
    3. The text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials ("Content") on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Mytonomy, subject to copyright and other intellectual property rights under the law.
    4. 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 Mytonomy immediately of any breach of security or unauthorized use of your Account.
    5. You agree not to alter or modify any part of the Service. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Mytonomy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Mytonomy 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. Mytonomy 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    6. You agree not to access Content (as defined below) through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Mytonomy may designate.
    7. Mytonomy may send commercial emails to you from time to time, reminding you of things like upgrade opportunities, if you are a school administrator.
    8. The Service may contain links to third party websites that are not owned or controlled by Mytonomy. Mytonomy also uses third party vendors to host videos, information and manage the video upload widget. Mytonomy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mytonomy will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Mytonomy from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
    9. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Mytonomy or the respective licensors of the Content. Mytonomy and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    10. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    11. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Mytonomy 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 is 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 Mytonomy with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Mytonomy, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
    12. In your use of the Service, you will comply with all applicable laws.
    13. Mytonomy may terminate your access to the Service or discontinue any aspect of the Service at any time in its sole discretion.
    14. You understand that the Website is not intended for users outside of the United States and the Service is not intended to and may not comply with international laws.
  • YOUR CONTENT

    If you submit Content to the Website, you agree to the following:

    1. You may be required to provide certain biographical information. This information will be available with your Content to all other users of the Website and will be available so that other users may determine how applicable your experience is to them.
    2. You understand that you are submitting Content that may be viewed on, accessed through, or contributed to the Website, and as such, will not remain private or confidential.
    3. You will be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You further agree that you will not submit to Mytonomy any Content or other material that is contrary to the Mytonomy "Do's and Don'ts Guide to Filming Your Video", found at Video Tips. In particular, you understand that the Website will be available to minors and agree not to publish or submit any Content to Mytonomy that is lewd, pornographic, in poor taste or otherwise inappropriate for the viewing by minors, and that any Content submitted will otherwise apply with applicable laws and regulations.
    4. You retain all of your ownership rights in your Content. However, by submitting Content to Mytonomy, you hereby grant Mytonomy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, edit, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Mytonomy's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service.
    5. You further agree that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Mytonomy all of the license rights granted herein.
    6. You understand that Mytonomy may serve ads on the Content.
    7. Mytonomy reserves the right to remove Content without prior notice.
    8. Upon your written request, Mytonomy will promptly delete any Content that you submit to Mytonomy. The above licenses granted by you in video Content you submit to the Website terminate within a commercially reasonable time after you remove or delete your videos from the Website. You understand and agree, however, that Mytonomy may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
    9. You authorize and direct Mytonomy to terminate your Account and report to any and all applicable authorities any actual or perceived violation of applicable law in connection or association with any Content posted to the website.
  • WARRANTY DISCLAIMER

    1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYTONOMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MYTONOMY 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. MYTONOMY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYTONOMY 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.
  • LIMITATION OF LIABILITY

    1. IN NO EVENT SHALL MYTONOMY, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, 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 MYTONOMY SHALL NOT BE LIABLE FOR CONTENT 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.
    2. The Service is controlled and offered by Mytonomy from its facilities in the United States of America. Mytonomy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  • INDEMNIFICATION

    1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mytonomy, 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 Service; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  • GENERAL

    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mytonomy without restriction.
    2. You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Mytonomy, either specific or general, in jurisdictions other than Delaware. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Mytonomy that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, and any other legal notices published by Mytonomy on the Service, shall constitute the entire agreement between you and Mytonomy concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mytonomy's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MYTONOMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • Digital millennium copyright act

    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      7. Mytonomy's designated Copyright Agent to receive notifications of claimed infringement is 
        Vinay Bhargava, PO Box 151089 Chevy Chase, MD 20825
        email: copyright@mytonomy.com, fax: 301-312-8063.
        You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the state of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Mytonomy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mytonomy's sole discretion.