Effective Date:  March 7, 2012

 

Welcome to SoundVision Productions’ “BURN an energy journal” website (the “Site”).  The Site is comprised of various Web pages operated by SoundVision Productions, a California nonprofit corporation (“SoundVision”).  Before using this Site, please review the terms of use below.

BINDING EFFECT

This is a binding agreement.  The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained by the following Terms of Use Agreement (“Agreement”), including all documents, policies, and guidelines incorporated herein.  Your use of the SoundVision Site constitutes your agreement to this Agreement.  If at any time you find these terms of use unacceptable, you must immediately leave the Site and cease all use of the Site.  YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY

SoundVision respects your privacy, believes strongly in protecting your privacy, and permits you to have some control of the treatment of your personal information held by us in the course of business.  A complete statement of SoundVision’s current privacy policy for the Site can be found by clicking here.  SoundVision’s privacy policy is expressly incorporated into this Agreement by reference.

MODIFICATION OF THESE TERMS OF USE

SoundVision may revise, amend, or modify this Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Site, and/or on your start pages and/or by email and/or in mailings to your primary SoundVision email account and will be effective on the date noted in the posting. This Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of SoundVision. By continuing to use SoundVision’s services and products after the amendments are effective, you accept and agree to abide by them.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Sites (“Linked Sites”). The Linked Sites are not under the control of SoundVision and SoundVision is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  SoundVision is not responsible for webcasting or any other form of transmission received from any Linked Site.  SoundVision is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SoundVision of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to SoundVision that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

SoundVision has no obligation to monitor the Communication Services.  However, SoundVision reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  SoundVision reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SoundVision reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SoundVision’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SoundVision does not control or endorse the content, messages or information found in any Communication Service and, therefore, SoundVision specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SoundVision spokespersons, and their views do not necessarily reflect those of SoundVision.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SOUNDVISION

SoundVision does not claim ownership of the materials you provide to SoundVision (including feedback, comments, and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SoundVision, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SoundVision is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SoundVision’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOUNDVISION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SOUNDVISION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOUNDVISION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUNDVISION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUNDVISION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNITY

You agree to indemnify SoundVision for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless SoundVision, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and SoundVision services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  SoundVision will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

INTERNATIONAL USE

SoundVision does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited.  Those who do access or use this Site from those locations act on their own initiative and SoundVision is not responsible for compliance with applicable laws, rules, and regulations.  You will not access the foregoing where prohibited by applicable law, rule or regulation.

TERMINATION / ACCESS RESTRICTION

SoundVision reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GOVERNING LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of either the California courts or the United States District Courts located in the State of California, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SoundVision as a result of this agreement or use of the Site.  SoundVision’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SoundVision’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SoundVision with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SoundVision with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SoundVision with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.  SoundVision’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Neither the course of conduct between you and SoundVision, nor trade practice, shall act to modify any provision of this Agreement.  SoundVision’s rights under this Agreement shall survive any termination of this Agreement.

LIMITED LICENSE; PERMITTED USES

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

COPYRIGHT AND TRADEMARK NOTICES

The SoundVision trademarks are owned by SoundVision Productions. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  Other than as expressly permitted in the “LIMITED LICENSE; PERMITTED USES” Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited.  You do not acquire ownership rights to any article, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the Site may be the copyrighted work of third parties.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SoundVision or any third party.

By posting or submitting content on or to our Site, you are giving SoundVision the right to display or publish such content on our Site (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (1) 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 such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use.  In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; or (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.  We reserve the right to remove or not publish submissions without prior notice.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Terms and Privacy Policy, SoundVision Productions, 2991 Shattuck Ave., Suite 304, Berkeley, CA 94705-1872.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS pursuant to its Streamlined Arbitration Rules.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in San Francisco, California.  Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.

ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

CONTACTING US

If you have any questions, comments or complaints concerning these Terms of Use, please contact us at 510-486-1185, e-mail us at info@burnanenergyjournal.com, or send any correspondence to Terms and Privacy Policy, SoundVision Productions, 2991 Shattuck Ave., Suite 304, Berkeley, CA 94705-1872.  Our representatives will endeavor to contact you within twenty (20) days of your inquiry.