Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the PETEY.TV domain name, the "PETEY Website", or "Website"),
YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service")
AND THE TERMS AND CONDITIONS OF PETEY'S PRIVACY NOTICE, WHICH ARE PUBLISHED
AT www.PETEY.TV/privacy-notice.php, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the PETEY
Website.
2. PETEY Website
A. These Terms of Service apply to all users of the PETEY Website, including
users who are also contributors of video content, information, and other materials
or services on the Website. The PETEY Website may contain links to third party
websites that are not owned or controlled by PETEY. PETEY has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, PETEY will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly relieve PETEY 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 PETEY Website and to read the terms and conditions and privacy policy
of each other website that you visit.
B. PETEY assumes no responsibility for the content posted to the Website
by users. Though PETEY will use its reasonable best efforts to monitor and
approve the content posted, PETEY specifically makes no promises, representations
or warranties that the content posted by users is (1) legal, (2) proper or
(3) non-objectionable. Users of PETEY who object to the Websites content are
encouraged to discontinue usage of the Website in the event that they find
something which offends, alarms, excites or otherwise troubles them. Use PETEY.TV
at your own risk.
3. Website Access
A. PETEY hereby grants you permission to use the Website as set forth in
this Terms of Service, provided that: (i) your use of the Website as permitted
is solely for your personal, noncommercial use; (ii) you will not copy or distribute
any part of the Website in any medium without PETEY's prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may
be reasonably necessary to use the Website for its intended purpose; and (iv)
you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create
an account. 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 PETEY immediately of any breach
of security or unauthorized use of your account. Although PETEY will not be
liable for your losses caused by any unauthorized use of your account, you
may be liable for the losses of PETEY or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the PETEY servers
in a given period of time than a human can reasonably produce in the same period
by using a convention on-line web browser. Notwithstanding the foregoing, PETEY
grants the operators of public search engines permission to use spiders to
copy materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such materials.
PETEY 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 Website, nor to use the communication
systems provided by the Website for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
4. Intellectual Property Rights
The content on the PETEY Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to PETEY, subject to copyright and other intellectual
property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
PETEY reserves all rights not expressly granted in and to the Website and
the Content. You agree to not engage in the use, copying, or distribution of
any of the Content other than expressly permitted herein, including any use,
copying, or distribution of User Submissions of third parties obtained through
the Website for any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the PETEY Website or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the PETEY Website or the Content therein.
5. User Submissions
A. The PETEY Website may now or in the future permit the submission of videos
or other communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, PETEY does not guarantee
any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize PETEY to
use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of Service;
and (ii) you have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use the name
or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. By submitting the User Submissions
to PETEY, you hereby grant PETEY a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in connection
with the PETEY Website and PETEY's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the PETEY
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the PETEY Website a non-exclusive
license to access your User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under these Terms
of Service. The foregoing license granted by you terminates once you remove
or delete a User Submission from the PETEY Website.
C. In connection with User Submissions, you further
agree that you will not: (i) 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
PETEY all of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage PETEY or any third party; (iii) 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; (iv) post advertisements
or solicitations of business; (v) impersonate another person; (vi) submit
material that is considered by PETEY exclusively to be unsuited or lacking
in sufficient quality or content. PETEY does not endorse
any User Submission or any opinion, recommendation, or advice expressed therein,
and PETEY expressly disclaims any and all liability in connection with User
Submissions. PETEY does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and PETEY will remove all Content
and User Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. PETEY reserves the right
to remove Content and User Submissions without prior notice. PETEY will also
terminate a User's access to its Website, if they are determined to be a repeat
infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from the
Website more than twice. PETEY also reserves the right to decide whether Content
or a User Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. PETEY may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
PETEY shall not and will not be liable for any damages, consequential or otherwise,
arising out of its removal of any User Submission for any reason whatsoever.
E. You understand that when using the PETEY Website, you will be exposed
to User Submissions from a variety of sources, and that PETEY is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are 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 PETEY with respect
thereto, and agree to indemnify and hold PETEY, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site.
F. PETEY permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, PETEY provides an "Embeddable Player" feature,
which you may incorporate into your own personal, non-commercial websites for
use in accessing the materials on the Website, provided that you include a
prominent link back to the PETEY website on the pages containing the Embeddable
Player. PETEY reserves the right to discontinue any aspect of the PETEY Website
at any time.
6. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyright(s), 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):
- A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
- 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
- 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.
PETEY's designated Copyright
Agent to receive notifications of claimed infringement is its corporate counsel:
Bricker and Eckler, LLP, ATTN: Christopher M. Ernst, Esq.,
1001 Lakeside Avenue East, Suite 1350, Cleveland, Ohio, 44114-1142, fax: (216) 523-7071,
email: CErnst@bricker.com. For clarity, only DMCA notices should go to the
Copyright Agent; any other feedback, comments, requests for technical support,
and other communications should be directed to PETEY customer service through
http://www.PETEY.TV/contact.php. You acknowledge that if you fail to comply
with all of the requirements of this Section 5(D), your DMCA notice may not
be valid.
Please also note that under Section 512(f) any person who knowingly
materially misrepresents that material or activity is infringing and may be
subject to liability.
B. If you elect to send us a counter notice, to be effective it must be a
written communication provided to our designated agent that includes substantially
the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3)
to confirm these requirements):
- A physical or electronic signature of the subscriber.
- 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.
- A statement under penalty of perjury that the subscriber has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement
that the subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the subscriber's
address is outside of the United States, for any judicial district in which
the service provider may be found, and that the subscriber will accept service
of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person.
PETEY's designated Copyright Agent to receive
counter notices is its corporate counsel: Bricker and Eckler, LLP, ATTN: Christopher
M. Ernst, Esq., 1001 Lakeside Avenue East, Suite 1350, Cleveland, Ohio, 44114-1142,
fax: (216) 523-7071, email: CErnst@bricker.com. For clarity, only
DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed
to PETEY customer service through http://www.PETEY.TV/contact.php. You acknowledge
that if you fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
Please note that under Section 512(f)
of the Copyright Act, any person who knowingly materially misrepresents that
material or activity was removed or disabled by mistake or misidentification
may be subject to liability. Please also be advised that we enforce a policy
that provides for the termination in appropriate circumstances of subscribers
who are repeat infringers.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PETEY WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PETEY (INCLUDING
ALL REPRESENTATIVES OF CGAPTV), ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PETEY 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 PETEY WEBSITE. PETEY DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE BROADCAST QUALITY OF ANY
UPLOADED CONTENT; ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE PETEY WEBSITE; OR ANY HYPERLINKED WEBSITE OR WEBSITE FEATURED
IN ANY BANNER OR OTHER ADVERTISING. PETEY 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.
8. Limitation of Liability
IN NO EVENT SHALL PETEY, 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 WEBSITE, (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
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE 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 PETEY WEBSITE, 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 PETEY SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by PETEY from its facilities in the
United States of America. PETEY makes no representations that the PETEY Website
is appropriate or available for use in other locations. Those who access or
use the PETEY Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
9. Back Ups
PETEY is not liable for any lost data resulting from the operation of the
Website and/or the enforcement of these Terms of Use and is not obligated to
maintain back-up copies of any User Submissions or electronic communications.
We recommend that you retain a copy of all User Submissions that you post or
distribute to, or through, the Website. You understand and agree that PETEY
may release information about you if required by law or subpoena, or if the
information is necessary or appropriate to release to address an unlawful or
harmful activity.
10. Indemnity
You agree to defend, indemnify and hold harmless PETEY, 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 PETEY Website; (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 one of your
User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the PETEY Website.
11. Ability to Accept Terms of Service
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. In any case, you affirm that you are over the
age of 13, as the PETEY Website is not intended for children under 13. If
you are under 13 years of age, then please do not use the PETEY Websiteóthere
are lots of other great web sites for you. Talk to your parents about what
sites are appropriate for you.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by PETEY
without restriction.
13. General
You agree that: (i) the PETEY Website shall be deemed solely based in Ohio;
and (ii) the PETEY Website shall be deemed a passive website that does not
give rise to personal jurisdiction over PETEY, either specific or general,
in jurisdictions other than Ohio. These Terms of Service shall be governed
by the internal substantive laws of the State of Ohio, without respect to its
conflict of laws principles. Any claim or dispute between you and PETEY that
arises in whole or in part from the PETEY Website shall be decided exclusively
by a court of competent jurisdiction located in Cuyahoga County, Ohio. These
Terms of Service, together with the Privacy Notice at http://www.PETEY.TV/privacy-notice.php
and any other legal notices published by PETEY on the Website, shall constitute
the entire agreement between you and PETEY concerning the PETEY Website.
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 PETEY's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision.
PETEY reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for
any changes. Your use of the PETEY Website following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND PETEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE PETEY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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