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Terms of Service
Thank you for your interest in using the website service (the "Website") operated
by 5minutes ("5min"). These Terms of Service ("Terms") govern your use of the Website,
your use of any software that 5min makes available to users of the Website (the
"Software"), and your use of the 5min Web site located at http://www.5min.com (the
"Site"). In these Terms, the Website, the Software, and the Site are collectively
referred to as "5min".
Please read these Terms carefully. By using 5min, you are stating that you have
read and understand, and agree to be bound by, these Terms. If you do not agree
to these Terms, you are not permitted to use the 5min.
Nature of Information
5min publishes video, audio, articles or other content from current and past authors.
We are publishers and editors, you should assume we have not authored or checked
the information independently. The information represents the opinions of the users.
It is for research and informational purposes only. Contents may not be accurate,
complete, or up to date. Publication of Contents is not our endorsement of the creator,
his or her Contents, or of any method or treatment discussed in the Contents. 5min
has not verified the identity of the author, whether the author is licensed, where
he or she is licensed, the scope of his or her license, or similar matters. We may
from time-to-time provide a video-viewer or other software or functionality by or
through the website. THIS SOFTWARE OR OTHER FUNCTIONALITY IS NOT WARRANTEED. Particularly,
since operation and functionality depend on factors such as the type of hardware,
software, or network User is using, there is a possibility that it not work on your
computer, be interrupted or have errors in its operation, or may interfere or even
harm the operation of contents of your computer; 5min is not liable for any such
problem. We reserve the right to change the software or functionality at any time.
Please read our disclaimers and limitations of liability below. User shall not (or
permit another Person to) reverse engineer, disassemble, de-compile or otherwise
seek to discover or derive the source code, proprietary logic, design or structure
of the Content. If you embed or otherwise distribute any software or Contents you
must have a license with each end-user. Some of the material may have been edited
or otherwise modified by 5min. To the extent permitted by applicable law, 5min claims
its patent, copyright, trademark, publicity, and any other intellectual property
rights in its web sites and all videos, information, software, data, or other contents
of any kind on or interlinked with a 5min web site ("Contents"). All rights are
reserved.
YOUR RESPONSIBILITIES
You are responsible for obtaining and maintaining all equipment and services needed
for access to and use of 5min and for paying all charges related thereto. When you
register to become a member of 5min, 5min collects certain personal information
about you. You agree that 5min may use any information 5min obtains about you in
accordance with the provisions of 5min Privacy Policy. You agree to: (a) provide true, accurate,
current, and complete information as prompted by the registration form; and (b)
maintain and update such information to keep it true, accurate, current, and complete
at all times. In addition, you agree not to use 5min to: (a) violate any local,
state, national, or international law or regulation; (b) transmit any material that
is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous,
invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) transmit any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) knowingly transmit any material that contains adware, malware, spyware, software
viruses, or any other computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person
or entity, or otherwise misrepresent your affiliation with a person or entity; or
(g) interfere with or disrupt 5min or disobey any requirements, procedures, policies,
or regulations of networks connected to 5min.
SUBMISSIONS
5min may enable you to submit your videos or other personal media content to 5min
for hosting, display, and distribution to other users of 5min (collectively, "Submissions").
You grant to 5min and 5min’s affiliates, representatives, and assigns an irrevocable,
perpetual, non-exclusive, fully-paid, world-wide, royalty-free license, with the
right to grant sublicenses through multiple tiers of sublicensees, to publicly display,
publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce,
edit, modify, create derivative works, and otherwise use and reuse your Submissions
(or any portions or derivative works thereof) in any manner, in any medium, for
any purpose. 5min reserves the right to display advertisements in connection with
your Submissions and to use your Submissions for advertising and promotional purposes.
5min is not required to host, display, or distribute any Submissions, and may remove
at any time or refuse any Submissions. 5min is not responsible for any loss, theft
or damage of any kind to any Submissions.
You represent and warrant that: (a) you own all rights in your Submissions (including,
without limitation, all rights to the audio, video, or digital recording, and the
performance contained in your Submissions) or, alternatively, you have acquired
all necessary rights in your Submissions to enable you to grant to 5min the rights
in your Submissions described herein; (b) you have paid and will pay in full all
license fees, clearance fees, and other financial obligations, of any kind, arising
from any use or commercial exploitation of your Submissions; (c) you are the individual
pictured and/or heard in your Submissions, or, alternatively, you have obtained
permission from each person (including consent from parents or guardians for any
individual under the age of eighteen (18)) who appears and/or is heard in your Submissions
to grant the rights to 5min described herein; (d) you will make such permissions
available to 5min upon request; and (e) your Submissions do not infringe the intellectual
property rights, privacy, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your Submissions do not
violate any of the foregoing representations and warranties and to make such records
available upon the request of 5min.
By submitting the Submissions to 5min, you hereby grant 5min a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the Submissions in connection
with the 5min Website and 5min (and its successor's) business, including without
limitation for promoting and redistributing part or all of the 5min Website (and
derivative works thereof) in any media formats and through any media channels. The
foregoing license granted by you terminates once you remove or delete a Submission
from the 5min Website. To have your Submission removed, please contact support@5min.com
5min may enable you to cut and paste code (e.g., HTML) for the purpose of embedding
Submissions on your own personal websites or web pages. You agree that you will
not: (a) modify or cause to be modified such code; (b) modify or cause to be modified
the display of any Submission; or (c) use such code or any Submission for any commercial
purpose.
5min hereby grants you a non-exclusive, non-transferable, world-wide, royalty-free
license to publicly display, publicly perform, distribute, store, transcode, syndicate,
broadcast, reproduce, edit, modify, create derivative works, and otherwise use and
reuse any Submissions of other users of 5min (or any portions or derivative works
thereof) in any manner, in any medium, solely for non-commercial purposes.
COPYRIGHT INFRINGEMENT
5min respects the intellectual property rights of others. Accordingly, 5min has
a policy of removing Submissions that violate copyright law, and/or terminating
in appropriate circumstances the account of any user who uses 5min in violation
of copyright law.
If you believe your copyright is being infringed by a user of 5min, please mail
us at privacy@5min.com ,
under the subject: "Notice of Copyright Violation", and describe your claims of
copyright infringement.
Illegal or other Harmful Use or Access
Contents may not be used for any illegal purpose. You may not access our networks,
computers, or Contents in any manner that could damage, disable, overburden, or
impair them, or interfere with any other Person's use and enjoyment. You may not
attempt to gain unauthorized access to any Contents, other accounts, computer systems,
or networks connected with our sites or Contents.
Advices/Explanations of Creators
All Contents, (including the information relating to medical, financial, construction,
or other activities that could result in damage, injury, or death) is for informational
purposes only. This information should not be considered complete and is not intended
to be used in place of a visit, call, consultation, or advice of your physician
or other professionals or any information contained on or in any product packaging
or labels. It is general advice, is not intended to be relied upon for investment,
trade, or other business transactions, and is not intended to offer a solution to
a specific problem. 5min does not recommend the self-management of health problems
or duplication of any activity or process described in the Contents. You should
never disregard professional advice or delay in seeking advice because of something
in the Contents and you should not use the Contents for diagnosing a health or other
problem or prescribing a medication. Information and statements regarding dietary
supplements or other treatments or regimens have not been evaluated by the Food
and Drug Administration and are not intended to diagnose, treat, cure, or prevent
any disease.
Assumption of the Risk
The User assumes any and all risk of damage, injury, or death, from use of the Contents.
It has been warned of the limitations and risks in use of the information, and despite
such warnings, chooses of its own free will to continue to access or use the Contents.
No Commercial Use or Framing
The Contents are licensed only for the personal, household, educational use by a
single individual. An individual's non-commercial reuse or redistribution of any
portion of the Contents that falls within what is or would be permitted by the United
States Copyright or the Lanham Act is permitted. No commercial use or redistribution
of any Contents is permitted. Any hyperlink or other re-display of the information
on another web site must display the 5min Contents full-screen and not within a
"frame" on the linked or other website.
5min's Links to Other Web Sites
The Contents may link you to other web sites or information, software, data, or
other contents on or off the internet, including through click-through or other
advertising, or through featured or sponsored sites. However, 5min has not reviewed
the contents that may be linked and is not responsible for the content. Your linking
to any other pages on other sites is at your own risk. Please remember that such
sites are not 5min sites and the content on such sites could change without 5min
's knowledge. The information, software, data, or other contents (including opinions,
claims, comments) contained in linked references are those of the companies responsible
for such sites and should not be attributed to 5min. 5min has not attempted to verify
the truth or accuracy of any such opinion, claim or comment, nor does 5min endorse
or support them. 5min does not warrant, nor is it in any way responsible for, information,
software, data, privacy policies, or other contents that are outside of 5min 's
control.
User Indemnification
Each User will indemnify and hold harmless the 5min Entities against any claims
or losses imposed on, incurred by, or asserted as a result of or relating to: (a)
any noncompliance by User with the terms and conditions hereof; (b) any third-party
actions related to or arising from User's receipt or use of the Contents, whether
authorized or unauthorized under the Agreement.
Notices
The parties agree that any notices of Dispute or other communications addressed
to 5min will be sent by Certified or Registered Mail, return receipt requested to
the below address, and deemed delivered as of the date of signing of the return
receipt or the first date of a refusal to sign.
Digital Millennium Copyright Act ("DMCA") Notice and Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2) (or similar laws), notifications
of claimed copyright infringement or other violation of law should be sent to the
address and by the procedure for notices set forth below.
DISCLAIMER OF WARRANTIES
THE CONTENTS ARE "AS IS" AND "WITH ALL FAULTS". TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM
INTERRUPTION, NON-INFRINGEMENT, OR OF VERIFICATION OF THE CONTENTS, THERE ARE NO
ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF
PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR USE OR PURPOSE.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, 5MIN, ITS AFFILIATES AND EACH OF
THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB
HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED
TO OR USED BY 5MIN (COLLECTIVELY, THE "5MIN ENTITIES"), REGARDLESS OF CAUSE OF ACTION
(E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE
LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND
ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS IN EXCESS OF US$5.00.
THE ABOVE LIMITATION SHALL NOT APPLY TO THE EXTENT CAUSED BY THE WILLFUL TORTUOUS
MISCONDUCT OR GROSS NEGLIGENCE OF 5MIN.
DISCLAIMER OF CONSEQUENTIAL AND SIMILAR DAMAGES
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE 5MIN ENTITIES, REGARDLESS OF
CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED
IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY
OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS FOR INJURY,
DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCREASED
COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
Independence of Last Three Sections
The last three sections are intended to be independent of each other and the failure
of essential purpose of any portion of any of them shall not affect any other clause
or limitation.
Other Warranty Rights or Limitations of Liabilities
Some states and foreign countries provide rights in addition to those above, or
do not allow excluding or limiting implied warranties, or liability for incidental
or consequential damages. Therefore, the above limitation may not apply to you or
there may be state provisions which supersede the above.
Force Majeure
A party shall be excused from performing its obligations in this Agreement if prevented
or hindered from doing so by acts of God, floods, earthquakes, war, acts of the
public enemy, riots, acts of military authorities, labor disputes, strikes, fires,
embargoes, unavailability of power or communications facilities, or from circumstances
beyond its reasonable control.
Governing Law
This Agreement shall be deemed made in, governed by, performed in, and construed
and enforced in accordance with the laws of the State of Israel, without giving
effect to its conflicts of laws provisions or principles.
Entire Agreement; Waiver; Modification; Amendment
The terms and provisions contained in this Agreement constitute the complete, final,
and entire agreement between the parties concerning the subject matter hereof. This
Agreement supersedes all prior or contemporaneous agreements, warranties, understandings,
and representations, written or oral, between the parties as to the subject matter
hereof. No modification or amendment of this Agreement shall be enforceable against
a party unless in writing and signed by the party against whom such modification
or amendment is sought to be enforced. No failure on the part of a party to exercise,
no delay in exercising, and no course of dealing or performance with respect to
any right, power, or privilege under this Agreement shall operate as a waiver thereof,
nor shall any single or partial exercise of any such right, power, or privilege
preclude any other or future exercise thereof, or the exercise of any other right,
power, or privilege under this Agreement.
Successors and Assigns
User may not assign this Agreement (including by operation of law) without the prior
written consent of 5min. Any such attempt to assign shall be null and void. The
rights and obligations of the parties shall inure to the benefit of and shall be
binding upon the parties, their respective successors, assigns, heirs, and personal
representatives. Nothing in the Agreement is intended to or shall confer on any
Person other than the parties hereto or their respective permitted successors or
assigns, any rights or remedies under or by reason of this Agreement.
Captions
The captions and headings in this Agreement are inserted only as a matter of convenience,
and in no way define, limit or in any other way described the scope of this Agreement
or the intent of any provision hereof.
Severability
The parties agree that if any part, term, or provision of this Agreement is held
illegal or invalid, the validity of the remaining portions or provisions (or the
applicability of the provision to other Persons or in other circumstances) shall
not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the particular part, term, or provision
held to be illegal or invalid.
Survival
The terms of this Agreement apply to any, receipt, use or performance that occurs
before any termination, cancellation, or rescission of this Agreement, and to those
obligations that arise after any termination, cancellation, or rescission of this
Agreement-namely: any terms, conditions or restrictions on receipt, use, or access
to the Contents, systems, or networks of 5min, and any indemnification obligations.
Change of Terms From Time-To-Time
5min may alter any term of this Agreement by posting a notice that there is a change
in terms on a page containing the Contents. Any use of any 5min web site after the
date of such notice is deemed acceptance of the new terms. Manufacturer should be
considered 5min, at the below address. You can contact us at:
5min LTD
10West 18th Street.
New York, 10013
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