These Website Terms and Conditions of Use (“Terms”) are entered into by and between you and WatchTime.com (“WATCHTIME”). In consideration of your use of and access to this Internet site, and other websites on which these Terms are posted or expressly referenced (“WATCHTIME Sites”), and the promises and obligations herein, you and WATCHTIME hereby agree as follows:
1. CHANGES IN TERMS
WATCHTIME shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the WATCHTIME Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the WATCHTIME Sites. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. If you continue to use this site after modification of these Terms, you agree that you shall be deemed to be apprised of and bound by any modification by WATCHTIME to these Terms. ANY ACCESS OR USE OF THE WATCHTIME SITES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than WATCHTIME shall be valid or enforceable against WATCHTIME unless expressly agreed to by WATCHTIME in a writing signed by a duly authorized officer of WATCHTIME.
These Terms are effective until terminated by WATCHTIME. WATCHTIME may terminate these Terms without notice and at any time in connection with any of the WATCHTIME Sites. In the event of termination, you are no longer authorized to access those WATCHTIME Sites, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
WATCHTIME shall also have the right without notice and at any time to terminate some or all of the WATCHTIME Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the WATCHTIME Sites or any feature or portion thereof.
3. INTENDED USERS
The WATCHTIME Sites are not intended for or directed at children under the age of 13.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by WATCHTIME on or through the WATCHTIME Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content is provided solely for personal, non-commercial purposes related to the placement of an order or shopping with WATCHTIME. Any other use of WATCHTIME Sites or content or information contained on WATCHTIME Sites is strictly prohibited, unless the written permission of WATCHTIME is obtained first.
You acknowledge that the Content may contain errors, omissions, or typographical errors or may be out of date. WATCHTIME therefore reserves the right to change, delete, or update any Content at any time and without prior notice (including after an order has been submitted) and to make such changes, deletions, or updates without prior notices.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by WATCHTIME or by third parties that have licensed their use to WATCHTIME. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, WATCHTIME does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the WATCHTIME Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by WATCHTIME, is strictly prohibited.
5. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE WATCHTIME SITE, CONTENT, PRODUCTS AND SERVICES.
WATCHTIME MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WATCHTIME SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. WATCHTIME ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WATCHTIME SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WATCHTIME SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WATCHTIME SITES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WATCHTIME SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WATCHTIME, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WATCHTIME SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WATCHTIME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WATCHTIME DISCLAIMS ALL warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the WATCHTIME sites. Without limiting the generality of the foregoing, WATCHTIME expressly disclaimS all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
You agree to defend, indemnify, and hold harmless WATCHTIME, WATCHTIME’S vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the WATCHTIME Sites. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the WATCHTIME Sites or any product or service provided to you arising out of or relating to your use of the WATCHTIME Sites.
7. THIRD-PARTY CONTENT DISCLAIMER
WATCHTIME routinely contains links to external, third party websites. By providing links to other websites, WATCHTIME does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to WATCHTIME. WATCHTIME does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to WATCHTIME Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
8. USER SUBMITTED REVIEWS, COMMENTS AND CONTENT
WATCHTIME reserves the right but not the duty to monitor, edit, and delete any content, including product reviews, comments, or other materials, submitted to WATCHTIME Sites (“User Content”) that WATCHTIME deems, in its sole discretion, to violate these Terms. You are solely responsible for any User Content you submit. You acknowledge that use of or reliance on any User Content submitted to the WATCHTIME Sites is at your own risk. By submitting any User Content to WATCHTIME Sites, you represent and warrant that:
- You are the sole author and owner of any intellectual property rights to that User Content;
- Your User Content is accurate and not misleading;
- You are at least 13 years of age;
- Any use of the User Content will not violate these terms or potentially cause harm to another person or entity;
You further represent and warrant that any User Content you submit:
- does not violate the intellectual property rights of any third party (including patents, trademarks, trade secrets, and copyrights);
- does not violate any law, statute, or regulation;
- is not abusive, obscene, libelous, or intended to cause harm to other individuals or entities; and
- does not contain any virus or malware.
Except as otherwise provided in these Terms, any User Content you submit to WATCHTIME, including product reviews and comments, will be treated as non-confidential and non-proprietary, and WATCHTIME shall have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to display, distribute, use, copy, publish, adapt, and or perform such User Content. Further, in submitting User Content to WATCHTIME, you grant us the right to use the name that you submit with any User Content.
9. Copyright Infringement Policy
9.1. Procedure for Reporting Copyright Infringement
If you believe that content hosted on WatchTime.com infringes your copyright, you may send us a notice of infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The contact information for WatchTime.com’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed below:
Mr Stephen Brown
Ebner Publishing International, Inc.
37 West 26th Street
New York, NY 10010
Any notification of infringement submitted to the Designated Agent must include:
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- iii. 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 WatchTime to locate the material;
- iv. Information reasonably sufficient for WatchTime to contact you, such as an physical address, telephone number, or an e-mail address;
- v. 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
- vi. 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.
Once WatchTime.com receives notification of infringement, it is our policy to remove any infringing content and terminate the accounts of repeat infringers.
9.2 Counter Notification
If you believe that your copyrighted material has been removed from WatchTime.com as a result of a mistake or misidentification, you may provide a counter notification to WatchTime.com’s Designated Agent. Any counter notification must include:
- i. Your physical or electronic signature;
- ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in New York, and that you will accept service of process from the person who filed the notification of alleged copyright infringement.
If a counter notice is received by WATCHTIME, we may send a copy of the counter notification to the original complaining party informing the person that WATCHTIME may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored by WATCHTIME at its discretion.
All notices given by you to us must be given to WATCHTIME by emailing email@example.com or writing to:
Ebner Publishing International, Inc.
37 West 26th Street
New York, NY 10010
We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
No waiver by WATCHTIME of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
13. ENTIRE AGREEMENT
14. LAW AND JURISDICTION
These Terms and any legal proceedings between you and WATCHTIME shall be governed by, and interpreted in accordance with, the laws of the State of New York, without regard to conflicts of laws principals. Any legal proceeding brought against either of the parties hereto with respect to these Terms shall be brought in the federal and state courts located in the State of New York, and each client and WATCHTIME hereby consents to the exclusive jurisdiction of any such court and waives any defense or opposition to such jurisdiction.
Question or Comments: Contact Customer Service at [firstname.lastname@example.org]
Terms last updated: October, 2013