Terms of Service: Video Hosting

 

GravityLab Terms & Conditions
www.gravlab.com + hosting services

Effective Feb 27, 2015

 

PLEASE READ THIS AGREEMENT CAREFULLY. These Terms and Conditions contain legal obligations.

 

TO COMPLETE YOUR ORDER FOR THE PRODUCT/AND OR SERVICE YOU’VE REQUESTED, YOU MUST FIRST READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”). SUBMISSION OF YOUR ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

A note about privacy and the security of your private information: We are proactive and concerned about video hosting and online security industry best practices for protecting data online. We prioritize network integrity, infrastructure redundancy, and operational security. We have invested in industry best practices and security recommendations for application patching, and have a forward looking strategy for long term video asset management overall security and viability.

 

We proactively protect your private information and in many aspects go further plus make extra steps beyond our US legal requirements, and we respect our clients’ hosting privacy, personal privacy and business privacy as if it were our own. Read our Privacy Policy here.

 

Please address general correspondence to our Office:

 

GravityLab Inc

 

2852 Willamette St #225

 

Eugene OR 97405-8200

 

Please address all legal correspondence to our attorney’s office:

 

GravityLab Multimedia Inc

Attn: Business Law Centre

c/o: Jill R. Fetherstonhaugh, Principal Attorney

1158 High St #101

Eugene, OR 97403

 

You may contact our attorney / registered agent online: www.businesslawcentre.com/

 

1. Terms and Conditions – General

 

By using GravityLab’s Services and/or The Website, gravlab.com and members.gravlab.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable any website where GravityLab’s services are provided from. GravityLab may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services or service descriptions provided on or through the Website may occasionally be inaccurate, incomplete or out of date. GravityLab does not have a duty to update information contained in the Website, and GravityLab will not be liable for any failure to update such information.

We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

 

Section 1.1.

Purpose of Site. GravityLab Multimedia LLC, (an Oregon Limited Liability Company) hereby called (“GravityLab”), is an Internet Service Provider and host of business and personal streaming media and related components to be used to supplement the user’s (“Customer’s”) web site. GravityLab’s services include, but are not limited to: the conversion of Customer’s multimedia materials into a streaming video or audio format (“streaming media”), the hosting of Customer’s streaming media and related components on GravityLab’s server (that portion of the server allocate for Customer’s use is hereafter referred to as “Customer’s Allotted Space”) and the granting of permission to link Customer’s web site to Customer’s Allotted Space. GravityLab may provide any other services, as necessary, for the operation of its business.

 

Section 1.2. Length of Agreement. Customer agrees the use of the Service is subject to GravityLab’s “Term of Agreement Policy.”

 

Section 1.3. GravityLab Multimedia Written Agreement. For special services, or customized solutions, a written GravityLab Multimedia Written Agreement may accompany these Terms and Conditions. If such document accompanies these Terms and Conditions, the terms of the written GravityLab Multimedia Written Agreement shall override any inconsistencies or contradictory Terms and Conditions that may arise between the two agreements.

 

Section 1.4. Streaming – Space Support and Maintenance. GravityLab Multimedia agrees, subject to the terms of this Agreement, to allow Customer to use and occupy Customer’s Allotted Space on GravityLab Multimedia’s servers. Subject to the terms of this Agreement, GravityLab Multimedia agrees to provide Customer with those support services necessary to allow third persons to access and view Customer’s media on Customer’s Allotted Space as per the terms of this Agreement.

 

Section 1.5. Linking Services. GravityLab Multimedia shall provide Customer with all necessary information to construct, and maintain, a hyperlink from Customer’s web site to Customer’s Allotted Space on GravityLab Multimedia’s server. GravityLab Multimedia shall use all reasonable commercial efforts to make Customer’s Allotted Space available for viewing by third parties 24 hours each day, seven days per week. Customer shall have the responsibility to notify GravityLab Multimedia if Customer’s hyperlink to GravityLab Multimedia’s service is inoperable.

 

Section 1.6a Encoding – Conversion of Customer’s Media.
GravityLab, upon Customer’s request and subject to all payment requirements and any other conditions described herein, shall convert, through its own efforts and those of its sub-contractors, Customer’s multimedia materials into a streaming video and/or audio format. Customer shall provide GravityLab Multimedia with a copy of the materials to be converted in the format as specified on the Customer’s quote submitted to GravityLab Multimedia. Customer should not provide GravityLab Multimedia with the original of the materials to be converted and, in no instance shall GravityLab be liable to Customer for direct damages for loss of, or other damage to, Customer’s materials greater than the cost of the medium on which the materials were transmitted to GravityLab.

 

Customer will then receive the Quote or Bid or estimate for the costs of conversion which must be read and agreed to prior to commencement of service. Customers utilizing this service shall be bound by the terms and conditions of this Agreement. Customer shall retain all rights, including all trademark, licensing and copyright rights, in both the original multimedia materials as well as the streaming media materials.

 

Customer represents and warrants that materials Customer provides for encoding by GravityLab, and GravityLab’s encoding of those materials as Customer requests, will not infringe upon, violate or misappropriate any patent, copyright, trade secret, trademark, contract, or any other publicity right, privacy right, or proprietary right of any third party. GravityLab shall not be liable for any such infringement, violation, or misappropriation, and Customer shall indemnify GravityLab against all losses and expenses, including for all attorneys’ fees and other costs, relating to Customer’s breach of that representation and warranty.

 

Section 1.6b Encoding – Rush Fees. GravityLab Multimedia’s standard turn-around time for encoding orders is five business days from receipt of materials. For orders requiring shorter turn-around time, a Rush Fee shall be applicable. For twenty-four hour turnaround, the encoding rate will be billed at three times the standard rate. For forty-eight hour turnaround, the encoding rate will be billed at two times the standard rate.

 

Section 1.7. Price and Payment. Customer agrees the use of the Service is subject to GravityLab’s “Price and Payment Policy” as defined in Section 3.

 

Section 1.8. Cancellation of Service by GravityLab Multimedia. Customer agrees the use of the Service is subject to GravityLab’s “Cancellation Policy” as defined in Section 4.

 

Section 1.9. Acceptable Use. Customer agrees the use of the Service is subject to GravityLab’s “Acceptable Use Policy” as defined in Section 5.

 

Section 1.10. Service Level. Customer agrees the use of the Service is subject to GravityLab’s “Service Level Agreement” as defined in Section 6.

 

Section 1.11. Digital Rights Media Service. Customer agrees the use of the Digital Rights Media (“DRM”) Service is subject to GravityLab’s “Digital Rights Media Service” as defined in Section 7.

 

Section 1.12. Copyright & Trademark. Customer agrees the use of the Service is subject to GravityLab Multimedia’s “Copyright & Trademark Policy” as defined in Section 8. Nothing in this Agreement shall be construed to grant GravityLab Multimedia any right, title, or interest in or to any content of Customer other than those rights necessary for the sole purpose of enabling GravityLab Multimedia to perform the services described herein or in any GravityLab Multimedia Written Agreement, pursuant to the terms of this Agreement and/or such GravityLab Written Agreement.

 

Section 1.13. Privacy Policy. Customer agrees the use of the Service is subject to GravityLab Multimedia’s “Privacy Policy” as defined in Section 9.
Section 1.14. Abuse and Infringement Notification. Section 10 provides contact and detailed information on submitting notification of abuse, copyright or trademark infringement to GravityLab Multimedia.

 

Section 1.15. Security of Integrity Customer’s Media. GravityLab Multimedia provides best efforts to insure integrity and security of Customer’s Media, including the use of automated tape-back up systems, secure servers, and restricted access to back office systems. However, such procedures cannot guarantee complete security and integrity of media. Therefore, GravityLab Multimedia makes no guarantee and assumes no liability for the security of any media on any server including “secure servers.” Customer agrees to maintain separate backups of any media other than the backup systems that GravityLab Multimedia has in place and GravityLab Multimedia shall not be liable for the loss, or modification, of any Customer materials due to any breach of security. GravityLab Multimedia’s backup systems are reserved for GravityLab Multimedia’s use and are not available to Customer for the purposes of requesting media whereby such missing or defective media is a result of circumstances not related to GravityLab Multimedia’s system failures or breach of security.

 

Section 1.16. DISCLAIMER OF WARRANTIES

GravityLab AND THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GravityLab DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GravityLab DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. GravityLab SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GravityLab DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES.

GravityLab DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

GravityLab DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

GravityLab MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY GravityLab.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Section 1.17. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GRAVITYLAB BE LIABLE TO CUSTOMER FOR DIRECT DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER FOR THE USE AND OCCUPANCY OF CUSTOMER’S SPACE OR IN THE CASE OF SPECIAL SERVICES, INCLUDING ENCODING SERVICES, THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO GRAVITYLAB FOR THE SERVICE FOR WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL GRAVITYLAB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF AND IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFORE HAND OF THE POSSIBILITY OF SUCH LIABILITY. UNDER NO CIRCUMSTANCES WILL GRAVITYLAB BE LIABLE TO CUSTOMER FOR ANY MARKETING, ADVERTISING, PROMOTIONAL EXPENSES OR ANY EXPENSES RELATED TO THE CUSTOMER’S USE OF GRAVITYLAB’S SERVICE, REGARDLESS OF ANY EVENT, INCLUDING INTERRUPTION OF GRAVITYLAB’S SERVICE, OR GRAVITYLAB’S REMOVAL OF CUSTOMER’S MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL GravityLab OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GravityLab OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GravityLab NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL GravityLab OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

 

Section 1.18. Taxes. In the event that they are applicable, Customer shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of GravityLab Multimedia’s services.

 

Section 1.19. Governing Law. The laws of the State of Oregon shall govern the validity, construction and performance of this Agreement.

 

Section 1.20. Arbitration. The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Oregon before an arbitrator agreed to by both parties and subject to the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party’s proprietary rights, including, without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the parties agree not to contest the enforceability of the arbitrator’s order.

 

Section 1.21. Assignment and Account Ownership. Customer may not assign its rights or obligations arising under this Agreement without submitting a request to do so in writing, complete with original signatures, and without GravityLab Multimedia’s prior written consent. Should ownership of a GravityLab Multimedia Account be disputed between two or more parties, priority shall first be given to the original name on the account for which invoices are submitted, supported by the billing address. If ownership of an Account remains in dispute, GravityLab Multimedia reserves the right to interplead the dispute to binding arbitration as depicted in this Gene ral Terms and Conditions in the state of Washington , and suspend service and withhold Customer’s content until court action determines otherwise. GravityLab Multimedia may assign its rights and obligations under this Agreement, but must provide written notice to Customer within 30 days of doing so.

 

Section 1.22. General Provisions. BOTH PARTIES REPRESENT AND WARRANT THAT THEY HAVE FULL POWER (INCLUDING CORPORATE POWER) AND AUTHORITY TO EXECUTE AND DELIVER THIS AGREEMENT AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON (AND COMPANY, IF APPLICABLE) WHO ACCEPTS THIS AGREEMENT BY CLICKING THE “I ACCEPT THESE TERMS AND CONDITIONS” BOX IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY.

 

Section 1.23. Amendment of Agreement. Unless a GravityLab Multimedia Written Agreement specifies otherwise, GravityLab Multimedia may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at GravityLab Multimedia’s web site at this location or at any other location designated at said site. Any changes to this Agreement take effect upon the renewal date of the Agreement. Therefore, it is Customer’s responsibility to monitor this Agreement on-line. If Customer does not agree with the terms and conditions of GravityLab Multimedia, Customer must immediately cease the use of GravityLab Multimedia’s service. GravityLab Multimedia agrees to give written notice, via email to the primary email address on record, of any material changes that affect the length, pricing, privacy, or cancellation of this Agreement.

 

Section 1.24. Notices: GravityLab Multimedia reserves the right to contact our users regarding important product or policy announcements and to satisfy legal requirements.

 

All legal notices to GravityLab Multimedia should be submitted to:

GravityLab Multimedia Inc

Attn: Business Law Center

c/o: Jill R. Fetherstonhaugh, Principal Attorney

1158 High St #101

Eugene, OR 97403

 

Section 1.25 Conditions and Restrictions of Use.

 

1. Termination. Use of the GravityLab Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that GravityLab may terminate and/or suspend your access to any portion of the GravityLab Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by GravityLab. Any such termination or suspension shall be in GravityLab’s sole discretion and may occur without prior notice, or any notice. GravityLab further reserves the right to terminate or suspend any user’s access to GravityLab or to any portion of the GravityLab Service for any conduct that GravityLab, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to GravityLab or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. GravityLab further reserves the right to terminate or suspend any user’s access to the GravityLab’s Service for any reason or for no reason at all, in GravityLab’ sole discretion, without prior notice.

 

2. Access to Content. Please be aware that the majority of the content found on or through the GravityLab service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If GravityLab learns that anyone under the age of 13 seeks to conduct a transaction through the Services, GravityLab will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the GravityLab Service may not be available to children under 13 under any circumstances.

 

3. Registration and Privacy. Some features and areas of the GravityLab Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various GravityLab registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GravityLab has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GravityLab has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

All GravityLab registrations become the exclusive property of GravityLab, its affiliates, successors in interest, and subsidiaries. GravityLab reserves the right to use and reuse all registration and other personally identifiable user information subject to the GravityLab Privacy Policy, which is found at http://www.gravlab.com/privacy/. By using the Service, You acknowledge receipt of the GravityLab Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the GravityLab Service. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the GravityLab Privacy Policy.

 

For those portions of the GravityLab Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify GravityLab of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Brightcove cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

 

Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE GRAVITYLAB SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

 

4. Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that GravityLab does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will GravityLab be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. GravityLab does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the GravityLab Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:

GravityLab, Inc.
c/o General Counsel
2852 Willamette St #225
Eugene, OR 97403
By Phone: +1 541 914 2012
By Fax: +1 800 995 5832

 

5. User Agreement Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the GravityLab Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the GravityLab Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

 

Section 2.1. Standard Default Term/Length of Agreement.

The Term/Length of this Agreement shall be month-to-month from the Effective Date of the Agreement with a minimum of one month or for the specified term of service as identified by the “Package” or “Plan” that Customer subscribes to. Terms of any GravityLab Multimedia Written Agreement between GravityLab Multimedia and Customer shall override any inconsistencies or contradictory terms of this Agreement. For purposes of this Agreement, the “Effective Date” shall be the date on which GravityLab Multimedia delivers notification of account or service activation to Customer with regard to Customer’s order.

 

3. Terms and Conditions Price and Payment

 

Section 3.1 Price and Payment.

 

Customer shall pay GravityLab Multimedia monthly recurring fees, in U.S. Dollars, as indicated at www.gravlab.com or https://members.gravlab.com/, or if a GravityLab Written Agreement accompanies this document, as indicated by those terms, which include charges for use and occupancy of Customer’s Allotted Space. In addition to any recurring fees, Customer may be charged non-recurring fees as indicated at this same Web site, or as a GravityLab Written Agreement specifies.

GravityLab reserves the right to increase or decrease prices for its services upon the expiration of the Customer’s contracted term. Price increases or decreases for any or all services shall be posted on GravityLab’s client web site 30 days prior to taking effect. GravityLab agrees to submit written notice to the primary email address on record for the Customer at least 30 days prior to any price increases taking effect. Price decreases shall automatically reflect on Customer’s next billing cycle, without advanced notice, after such price decreases are posted online. This Agreement will automatically renew on a month-to-month basis at the month-to-month rate in effect at the time of the renewal unless canceled in writing or modified in writing by the Customer prior to the renewal date. Customer will receive an invoice for charges and payment is due upon receipt, unless otherwise stated. It is our policy to bill our clients on a monthly basis, and in the absence of any agreement or arrangement to the contrary, we expect to be paid no later than the due date stated on the invoice. Our monthly statements will be itemized as to each general activity.

Section 3.2a. Method of Payment. GravityLab Multimedia accepts payment by Credit Card, Check, Postal Money Order, PayPal and Wire Transfer. GravityLab Multimedia charges $20.00 for each check returned (rejected) by the bank. GravityLab Multimedia accepts Visa, Mastercard, American Express, Discover, Carte Blanche, Diners Club and JCB credit cards. For Credit Card payments, the name, “GravityLab Multimedia, LLC ” shall appear on your credit card statement. GravityLab maintains currency accounts in U.S. Dollars, Australian Dollars, Canadian Dollars, Euros, Mexican Pesos, and Sterling Pounds. Payment may be remitted in any of these currencies by wire transfer or check or money order.

Section 3.2b. PayPal Payments. GravityLab Multimedia accepts payment by PayPal. For further information in regard to submitting payment by PayPal, please visit their Web site at https://www.paypal.com. Customers submitting payment by PayPal shall submit payment to jd@gravlab.com, and agree to provide their GravityLab Multimedia Customer ID Number in their available optional text field for proper payment tracking purposes. For Customers who submit payment in Canadian Dollars, Sterling Pounds, Euro Dollars and Japanese Yen, GravityLab Multimedia’s default PayPal preference setting is to accept and automatically convert these currencies to U.S. Dollars. Therefore, it is the Customers responsibility to properly calculate the currency exchange rate when submitting payment through PayPal in a non-US Dollar currency. GravityLab Multimedia will post to Customers account the U.S. Dollar after conversion. Customers assumes all risk for fluctuations in the currency exchange rates.

Section 3.3. Late Payment

Customer Balances are due no later than 5:00 PM Pacific Time, 3 days after the initial bill date for service stated on the invoice. Client shall be assessed a reasonable late fee 15 days after initial due date of original invoice.

*** If a Balance is due 35 days after the initial bill date for service, Customer’s Account shall be assesed a late fee of $64.00 or 10% whichever is more. If a balance remains due 60 days past the initial bill date for service, Customer’s Account, customer’s account shall be assessed a 2nd late fee of $128.00 or 20% of the original balance, whichever is more. If a balance remains due 75 days from the initial issuance of original invoice, customer’s account shall be assessed a 3rd late fee of $200.00 (two hundred dollars), closed, and remitted to collections. Collection party shall be a 3rd party contracted to collect on behalf of GravityLab. ***

3.4. GravityLab will make reasonable efforts to notify Customer, in advance, of pending late fees, account suspension and Account submission to Collection Agency, but GravityLab’s failure to provide notice will not prevent GravityLab from exercising any of its rights regarding past due amounts. GravityLab will make reasonable efforts to preserve Customer’s content off-line, for up to 35 days past the initial bill date for service. If Account Balance is not settled, GravityLab reserves the right to destroy the content on GravityLab’s service to make space for new Customers.

 

Section 3.4. Collection Agency. Customer Balances (Amounts) past due by 61 days are subject to submission to GravityLab’s Collection Agency. Customer Accounts will incur a Collections Service Fee of $299 (Two hundred and ninety nine dollars and zero cents). Customer will also be liable for additional further collection costs.

 

Section 3.5. Credit Card Chargebacks. Anytime a Chargeback Request is received from our Merchant bank, GravityLab reserves the right to immediately suspend Customer’s Account until the Chargeback Request has been formally resolved between GravityLab and the Merchant Service Authority. This process may take up to, and possibly more than, a week. If you are disputing a billing error, GravityLab encourages Customer to first contact the Customer Service to resolve any discrepancies or resolve any billing issues to avoid having Customer’s Account suspended upon notification of a Chargeback. GravityLab reserves the right to refuse any additional service to Customer while a Chargeback Notice is pending investigation by the Merchant Service Authority.

 

Section 3.6. Service Upgrades or Downgrades. For customers upgrading or downgrading their Service, the upgrade or downgrade shall become effective as of the date that the Upgrade or Downgrade order was submitted to GravityLab. For the current billing cycle, GravityLab will pro-rate daily the service charges, as posted online at GravityLab’s Web site, at the time of Customer’s request, only if initiated by a specific request from customer and only within 30 days of the upgrade / downgrade. No refunds for pro rating will be given after 30 days after the upgrade and downgrade. Upon request we will recalculate the video service costs based on the upgraded or downgraded service price, and charge the remainder of the current period at the new upgraded or downgraded service pricing. This policy applies to all services, except for those services defined in Section 3.7 below.

Section 3.7a Exception to Service Upgrades or Downgrades: Data Transfer Pricing for “Dedicated On Demand” or “Live Webcast (Usage Based)” Services. For customers who are subscribing to GravityLab Multimedia’s “Video On Demand” or “Live Webcast (Usage Based)” services, Data Transfer Rates are priced on a data transfer usage basis. Data Transfer measurements are conducted daily (every twenty-four hours) based on Greenwich Mean Time (GMT). All megabytes transferred for that day that are equal to or less then the “DAILY Data Transfer Threshold” assigned for that rate plan package, are billed at the “Rate Under Daily Data Transfer Threshold.” All megabytes transferred during that day that exceed the “DAILY Data Transfer Threshold” are billed at the “Rate Over Daily Data Transfer Threshold.” The Service Minimum is the minimum months of service that must be subscribed to be eligible for that Data Tranfer Rate Plan. If the monthly total data transfer is less than the monthly minimum commitment assigned for that rate plan package, then the monthly minimum will be billed instead of the data transfer.

In the absence of a GravityLab Multimedia Written Agreement, all “Video On Demand” and “Live Webcast (Usage Based)” services are priced according to Data Transfer Rate Plan One, as described on GravityLab’s Web site at http://www.gravlab.com/. There is no monthly minimum commitment for Data Transfer Rate Plan One and the Service Minimum term for Data Transfer Rate Plan One shall be one month. For calculation purposes, GravityLab Multimedia assumes 1,024 Megabytes are in one Gigabyte.

For customers upgrading between Data Transfer Rate Plans, the upgrade shall become effective as of the beginning of the current billing cycle, which is the first of the month during the month that the upgrade occurs.

For customers downgrading between Data Transfer Rate Plans, the downgrade shall become effective as of the first calendar day following the end of the Service Term. For Data Transfer Rate Plans with a Service Minimum of one month, then the downgrade shall become effective as of the first of the next calendar month.

Section 3.7b Exception to Service Upgrades or Downgrades: “Live Webcast (Fixed Rate)” Services. For customers who are subscribing to GravityLab Multimedia’s “Live Webcast (Fixed Rate)” Services, any Service Upgrade may occur only as of the beginning of the 1st of a calendar month. Customers may request to upgrade their Service during another day of the month, but if so, the old Service shall be credited to Customers account as of the 1st of the current month and the new Service shall be charged to Customers account as of the 1st of the current month. There is no prorated rate provided for the new Service period that is less than a full month. Customers may submit a request to downgrade or terminate their Service at any time, but the downgrade or termination effective date will only be effective as of the end of the last day of the current month. There is no prorated rate provided for the existing Service that is less than a full month.

 

Section 3.8. Refund Policy. Accounts cancelled/terminated by GravityLab for violating our Terms and Conditions of Service do not qualify for any refunds. For Accounts cancelled/terminated by Customer in compliance with our Terms and Conditions, GravityLab will refund any due credit and/or overpayment back to Customer via either a Company Check or credit back to your bank account/credit card within 30 days or one calendar month of Account Closure. Setup fees are non-refundable. GravityLab will be the sole arbiter as to how the refund should be completed.

4. Terms and Conditions – Cancellation

Section 4.1. Cancellation of Service by GravityLab. GravityLab Multimedia reserves the right to cancel the Customer’s account should the Customer fail to adhere to the terms of this Agreement. For live services, this includes cancellation of a live streaming service at the end of the fifth business day (Pacific Time) if a signed Live Service Agreement has not been received, agreed to and accepted by GravityLab Multimedia. Should cancellation of an account occur, GravityLab will reimburse client any unused fees (prorated daily), after GravityLab has determined, in its own discretion, that all charges associated with the account have been satisfactorily paid. Upon request of Customer, GravityLab shall return all Customer materials. GravityLab Multimedia reserves the right to withhold fees, up to the total of any charges associated with the account that have not been satisfactorily paid, if legal action is pending against GravityLab Multimedia for the misuse of the account or if GravityLab Multimedia reasonably believes legal action may be brought against GravityLab Multimedia. Under such conditions, GravityLab Multimedia may withhold such fees until it has been determined that any legal action brought against GravityLab Multimedia has been satisfactorily resolved and all charges have been satisfactorily paid.

Section 4.2. Cancellation of Service by Customer. Customer shall have the right to terminate this Agreement as per Section 4.3, unless a GravityLab Written Agreement specifies otherwise. GravityLab shall reimburse client any unused fees (prorated daily), after GravityLab has determined, in its own discretion, that all charges associated with the account have been satisfactorily paid. Prior to cancellation of service, Customer is responsible for removing their materials from their allotted space on GravityLab Multimedia’s servers and GravityLab will not be responsible for storage and preservation of Customer’s materials at midnight of the date of the receipt of request for cancellation. GravityLab reserves the right to withhold fees, up to the total of any charges associated with the account that have not been satisfactorily paid, if legal action is pending against GravityLab for the misuse of the account or if GravityLab reasonably believes legal action may be brought against GravityLab. Under such conditions, GravityLab may withhold such fees until it has been determined that any legal action brought against GravityLab has been satisfactorily resolved and all charges have been satisfactorily paid.

Section 4.3. Effective Date of Cancellation. Upon receipt of written notice, as defined in Section 4.4, from Customer, followed by written acknowledgement from GravityLab to cancel the service, the Effective Date of Cancellation shall be end of the current billing cycle.

 

Section 4.4. Definition of “Written Notice” for Cancellation. Customer agrees to submit notification of Cancellation of service to GravityLab by one of three ways:

  • 1. logging into GravityLab Multimedia Member’s Center (defined as GravityLab ‘s online account management center located at members.gravlab.com/) and properly completing a ticket for support, and indicating that you would like to close your account
  • 2. by submitting written notice by electronic mail to support*@*gravlab{dot} com and receiving a confirmation within 24 hours
  • 2. by submitting written notice by postal mail to GravityLab to: GravityLab Inc 2852 Willamette St. # 225 Eugene OR 97405-8200
    • Cancellation by submitting written notice by mail to GravityLab. Customers electing to submit notice of Cancellation by postal mail shall submit such notice to the address stated in Section 1, General Terms and Conditions of Use or the address listed in this section (section 4.4: Definition of Written Notice for Cancellation). Customer agrees that submitting a notice of Cancellation by Email and not receiving a response within 24 hours by email, or by telephone or fax is an unacceptable form of submitting notice of Cancellation to GravityLab, and that service charges may continue to apply until GravityLab has received the proper notice of Cancellation.

Please note: We are not trying to make cancellation hard, needlessly challenging or obfuscate the process in any way. We basically just want to make sure we know you’re cancelling. Hence the no phone call policy, so there is a written record with a date.

Section 4.5. Cancellation of Live Streaming Services. All terms and conditions described above shall apply with respect to cancellation of Live Streaming Services, except Customer must cancel Live Streaming Services no later than the third business following your monthly renew date, by 5:00 PM Pacific Time or will receive no prorated refund for the final billing cycle.

Section 5. Terms and Conditions – Acceptable Use

Section 5.1 Content of Customer’s Materials. GravityLab Multimedia does not actively monitor the Customer’s material nor does GravityLab Multimedia exercise any editorial control over the content of any material that the Customer uploads into GravityLab Multimedia’s service. However, GravityLab Multimedia reserves the right to remove any and/or all of the Customer’s material from GravityLab Multimedia’s service that are, in GravityLab Multimedia’s discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject GravityLab Multimedia to liability, or violate the acceptable use policy stated below in this Agreement. Upon removal of the material, GravityLab Multimedia shall notify Customer of the removal of the materials, as well as the reason for removal. In no instance shall GravityLab Multimedia be liable for the removal of the materials.

Section 5.2 Acceptable Uses. This Agreement is designed to help protect GravityLab’s customers and the Internet community from irresponsible or illegal activities. In the event that Customer violates this Agreement through improper use of the service, as depicted in Section 5.3 below, GravityLab reserves the right to suspend or terminate the service without notice. GravityLab shall make reasonable efforts to advise Customer of the inappropriate behavior and offer any corrective action necessary. GravityLab reserves the right to immediately terminate its service to Customer for any flagrant or repeat violations of this Agreement.

Section 5.3. Non Acceptable Uses. Incidents that may cause the account to be terminated include, but are not limited to:

  • a) Harassment: using the service to threaten or harass or promote terrorism.
  • b) Using the service for any purpose other than which it is intended.
  • c) Using the service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). Failure to respond to a SPAM notice shall also constitute grounds for termination of account.
  • d) Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.
  • e) Violation of Trademark and/or Copyrighted material. Upon receipt of a compliant legal notice alleging that copyright infringement is occurring, GravityLab Multimedia will remove said material and provide Customer with a copy of the compliant notice of Copyright infringement. Said material shall remain removed from GravityLab Multimedia’s service until Customer has provided the designated agent at GravityLab Multimedia a compliant Counter Notification.
    • Upon receipt of the compliant Counter Notification, the law requires GravityLab Multimedia to submit a copy of the Counter Notification to the complaining party with notice that GravityLab will replace or re-enable access to the allegedly infringing material in ten business days. Then, ten to fourteen business days after receiving the Counter Notification, GravityLab will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified GravityLab’s designated agent that a court action relating to the materials in question has been filed in order to stop the alleged copyright. Accounts belonging to repeated infringers will be terminated. For further information, see Section 9 – Infringement and Abuse Notifications.
  • f) Uploading any data or executable computer programs containing a virus or other malicious code which may be deemed as viral, or may cause a disruption to the service or another computer.
  • g) Untimely payment of any and all amounts due.
  • h) Any action that violates the laws of applicable local, state, federal or international governmental bodies.
  • i) Sharing the account with anyone or re-selling the service without express written permission from GravityLab Multimedia.
  • j) Exceeding a maximum of 1500 files and/or folders in a single directory (folder).
  • k) Exceeding 400 Megabytes of Data Transfer in the “Free 15 Day Evaluation” or Evaluation Account.
  • l) Signing up for another account after suspension of a prior account for nonpayment unless the balance on the prior account has been paid in full.
  • m) Signing up for another account after suspension of a prior account for non-acceptable use, unless prior written permission is obtained from GravityLab Multimedia.
  • n) Conducting a Simulated Live Event through an On-Demand Account without prior written approval.

Customer will not register for or use the “Free 15 Day Evaluation” Account, or “Free Trial Account” (defined as the “Evaluation Account”) for any purpose other than making a good faith evaluation of whether Customer wishes to purchase one or more of GravityLab’s services. Registering for or using an Evaluation Account for any purpose, including without limitation to provide commercial benefits to Customer or others (other than as a preliminary step that results in the purchase of one or more of Gravitylab’s services), repeatedly registering for Evaluation Accounts to avoid paying fees and costs associated with GravityLab’s services, or otherwise abusing an Evaluation Account, constitutes a breach of this Agreement, trespass upon GravityLab Multimedia’s Web site, and conversion of GravityLab Multimedia’s services and resources.

GravityLab will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. GravityLab Multimedia reserves the right to monitor or view material uploaded by Customer onto GravityLab Multimedia’s service at any time for the purpose of ensuring compliance with this Agreement.

Section 5.4. Acceptable, But Not Suitable Uses For Customer or Technical Support. In some cases, Customer’s content may not violate GravityLab Multimedia’s “Acceptable Use” Policy, but yet be considered unsuitable for viewing or providing support in a professional environment shared by GravityLab Multimedia’s employees. Such content (hereinafter deemed “Unsuitable Content”) may be offensive, vulgar, excessively provocative, violent, of an Adult nature, contain nudity, unsuitable language, or other nature that warrants the content unsuitable for viewing or listening.

While it is not GravityLab’s policy to exercise censorship and remove content from our service that does not violate GravityLab’s “Acceptable Use” Policy, any content that is considered unsuitable for viewing will NOT be played, viewed, encoded, captured, digitized, handled or otherwise, displayed in any way, by any GravityLab Multimedia employee in the offices of GravityLab. All employees of GravityLab Multimedia are permitted to use their own discretion in determining and rejecting content that is unsuitable for viewing or listening to for the nature of providing Customer Service or Technical Support.

Section 5.5. Receipt of Copyright or Trademark Infringement Notification. If GravityLab receives a notification of claimed copyright or trademark infringement with regard to Customer’s content, whereby the notification includes: a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; specific identification of the copyrighted, trademark or patented work claimed to have been infringed, or if multiple works are covered by a single notification, a list of each work claimed to have been infringed; information related to the work(s) reasonably sufficient for GravityLab Multimedia to promptly locate the work (e.g. title of work, URL location) within GravityLab Multimedia’s Web site, GravityLab’s Customer’s Web site at members.gravlab.com, or that of a third party Web site; information reasonably sufficient to permit GravityLab Multimedia to directly contact the complaining party, such as a complete name and address, telephone number and/or email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent or the law; a statement requesting that GravityLab take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then GravityLab will take appropriate actions under the Digital Millennium Copyright Act and/or other applicable intellectual property laws.

Section 5.6. Live Events. Customer agrees not to use the service to host “live events” without the express written permission of GravityLab and, if such consent is given, only pursuant to the terms and conditions designated in the written permission from GravityLab or as per a GravityLab Written Agreement. In the event that Customer uses the service to host “live events” without the express written consent of GravityLab, GravityLab reserves the right to remove Customer’s materials from GravityLab’s service, or otherwise block access by third-parties to Customer’s materials.

Section 5.7. Disk and Bandwidth Utilization. GravityLab’s website specifies limits on bandwidth and disk utilization. By accepting this Agreement, Customer agrees to be bound by the service description applicable to its account and that Customer will be billed at the highest 95% of their usage during the current billing cycle with no exceptions. GravityLab reserves the right to remove material and/or terminate or suspend the account due to any violation of bandwidth or utilizations limits (“overage”) that GravityLab deems inappropriate or excessive. These “overage” charges can be applied as a package upgrade at GravityLab’s discretion but will not necessarily be changed without Customer notification of a request to upgrade the service. Repeat violations of the allotted disk and/or bandwidth utilization may subject account to termination. Customer agrees to pay for all bandwidth and/or disk usage that exceeds their allotment based on the current charges depicted on our site (and no less than one cent per megabyte in data traffic and one dollar per megabyte in disk storage, unless a GravityLab Written Agreement specifies otherwise). For megabyte-to-gigabyte calculation purposes, GravityLab Multimedia uses the formula, 1,024 (one thousand and twenty-four) megabytes equals 1 (one) gigabyte.

While GravityLab implements script based security mechanisms to prevent disk space over utilization, bandwidth monitoring, and online notification of disk space and bandwidth usage, GravityLab cannot insure that such security, monitoring and notification mechanisms will work at all times without system failure.

Therefore, GravityLab is not responsible to notify Customer of overages and it is the Customer’s responsibility to ascertain these conditions and to notify GravityLab that they would like the account restricted from exceeding plan limits.

GravityLab will make reasonable efforts to keep client informed of bandwidth and storage overages exceeding Customer’s allotment by 200% or more but can not guarantee such notification.

GravityLab advises that Customer anticipate the volume of users likely to view their video or media file in a given month and multiply that by the size of the file to approximate bandwidth usage per month. This is simply a way to gauge bandwidth throughput and not an accurate method.

Section 5.8. Music License Fees. Customer shall be responsible for insuring that Customer’s content will comply with all applicable licensing requirements by federal, state, local, regulated and contractual music licensing fees, including, without limitation, all BMI, ASCAP, and SESAC licensing requirements and fees, as well as all requirements and fees of the Digital Millennium Copyright Act of 1998.

Section 5.9. Modification of Media. In the event Customer wishes to modify, or otherwise change, the media on their Allotted Space, Customer shall have the privilege of doing so as long as compliance with the Terms and Conditions of this Agreement are met, and Customer does not exceed their allotted disk space and data-traffic. Customers wishing to modify their allotted package disk space and/or data-traffic should submit a request for modification to support@gravlab.com or use Customer’s login and password to request a modification of service online.

6. Terms and Conditions – Service Level Agreement

Section 6.1. Service Availability – 100% Uptime Guarantee. For Customers engaged in GravityLab Written Agreements, qualified by GravityLab’s monthly minimum fee and term of service, and requested by Customer, GravityLab’s streaming services are backed by a separate, written and signed Service Level Guaranty that provides for 100% Uptime Guaranty of Service Availability. In the absence of a written and signed Service Level Agreement, which must be submitted by Customer and accepted and signed by GravityLab Multimedia prior to any violation of Service Level Agreement depicted in Section 6.2 below, GravityLab Multimedia provides the following Uptime Guaranty Service Level Agreement for its Streaming Services depicted in Section 6.2.

Section 6.2. Service Availability – 99.9 (ninety-nine point nine percent) Uptime Guaranty. GravityLab uses best efforts to keep its service up and running. GravityLab’s service is guaranteed to be available and capable of forwarding IP packets 100% (one hundred percent) of the time, as averaged over the life of the Service Period, as defined in GravityLab Multimedia’s Term of Service Policy. Downtime shall consist of packet loss, which is sustained in excess of 50% for 15 consecutive minutes. If GravityLab sustains downtime (a disruption of service) of a duration of more than 7.2 hours (seven hours and twelve minutes) and in aggregate, during a Service Period, as defined in this GravityLab’s Term of Service Policy, then Customer may elect to cancel the Service/Agreement, and GravityLab agrees to reimburse Customer, on a daily pro-rated basis upon request, any fees paid to GravityLab  for which service was unavailable and/or not rendered. For the calculation, GravityLab assumes a total of 30 Days within a Service Period, which provides a total of 720 hours. GravityLab guarantees 99.9% of this time period, or 712.8 hours (712 hours and forty-eight minutes) to be free of downtime, as defined in this paragraph.

Customer shall remain liable to GravityLab for all other fees associated with the service, including one-time encoding fees and any excess bandwidth usage fees incurred prior to the termination of the service. This guaranty shall not apply for disruption of service to end-user that is due to network congestion on the Internet or other related disruptions on the Internet that are not related to GravityLab’s service.

It is very possible that GravityLab’s service is fully operational, but the end-user’s access to the media is disrupted by means of independent backbone carrier issues. For continual (24x7x365) monitoring of its primary and backup systems, GravityLab employs an independent party, which provides statistical evidence of its uptime. Such data may be used to resolve a dispute. In the absence of a dispute over an alleged violation, such data shall remain confidential to GravityLab.

Customer must provide information supporting the claim of this Service Level Agreement violation such as Traceroute and/or PING data produced during the time of the incident. Information must be collected by client and given to GravityLab via email or other method. We are happy to help you do this upon request.

Section 6.3. Notice of Violation of Service Level Agreement. To terminate the contract based on a service level agreement violation, Customer must give written notice within five business days of violation of this Service Level Agreement at:

Gravitylab Multimedia Inc
2852 Willamette St #225
Eugene, OR 97405-8200

 or

support@gravlab.com

or

1-800-995-5832 / 541-687-4328

or

Opening a support ticket at https://members.gravlab.com/

7. Terms and Conditions: DRM, Reservations of Rights, Li

Section 7.1 Digital Rights Media Services. Subject to the terms and conditions of this Digital Rights Media (“DRM”) Service Agreement, GravityLab Multimedia agrees to provide during the Term the services identified below (the “Services”) for purposes of making Customer’s content (the “Content”) available for distribution in protected digital format.

Section 7.2 Definitions. The following terms used in this Section shall have the meanings assigned to them below:

“Content” means digital audio (including, but not limited to, timeline-synchronized audio, music, voice and sounds), digital video, and other digital information including data, text (including, but not limited to, script command data and related metadata such as a song title or an artist’s name), animation, graphics, photographs, ring tones and artwork, and combinations of any or all of the foregoing.

“DRM” means digital rights management system that enables enforcement of business rules and license-based access to Content consistent with the terms and conditions of this Agreement.

“DRM Client” meansclient-side technology that enables the enforcement of business rules and license-based access to Content by the Player.

“DRM Client Certificate” means a unique to DRM Client application, security sub-component that enables the use of the DRM Client.

“DRM Flag(s)” means flag(s) describing license condition(s) for, and set by the creator or authorized licensor of, Protected Content.

“Protected Content” means Content that has been protected by DRM.

Section 7.3. Digital Rights Licenses: The digital rights licenses available to Customer with regard to Protected Content shall be depicted on GravityLab’s Web site at http://www.gravlab.com. Regardless of any express right set forth at www.gravlab.com, Customer agrees to NOT edit Protected Content that Customer does not own or have the rights to so modify, or modify Content in a manner that violates the DRM Flags in any DRM license associated with Content.

Section 7.4. Ownership, Reservation of Rights. Nothing in this Agreement shall be construed to grant Customer any rights, by license, title or otherwise, to any aspect of GravityLab ‘s intellectual property or to the intellectual property of any third party used in connection with distributing the Content. This Agreement shall not be construed in any manner as transferring any rights of ownership or license to the DRM Server Certificate(s) or any component thereof. All rights not expressly granted by GravityLab are reserved. Under no circumstances will the license grants set forth in this Agreement be construed as granting, by implication, estoppels or otherwise, a license to any GravityLab technology, or technology of any third party used in connection with distributing the Content.

Section 7.5. LIMITATION. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT TO THE CONTRARY: (i) THE DRM PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAVITYLAB DOES NOT WARRANT THAT THE DRM PRODUCTS AND/OR SERVICES WILL MEET THE REQUIREMENTS OF CUSTOMER OR THOSE OF ANY THIRD PARTY AND, IN PARTICULAR, GRAVITYLAB DOES NOT WARRANT THAT THE GRAVITYLAB PRODUCTS AND/OR SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.

Section 7.6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GravityLab Multimedia, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE DRM SERVICE AND ALL COMPONENTS THEREOF, AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES OR, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SERVICE. FURTHER, THERE IS NO, AND GravityLab DISCLAIMS ANY WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THIS SERVICE, IF ANY, REMAINS WITH THE CUSTOMER.

Section 7.7. DISCLAIMER OF CONSEQUENTIAL DAMAGES, LIMITATION OF LIABILITY. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GRAVITYLAB MULTIMEDIA, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PROVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISINO OF AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GRAVITYLAB MULTIMEDIA, ANY GRAVITYLAB MULTIMEDIA AFFILIATE OR ANY GRAVIYLAB MULTIMEDIA SUPPLIER, AND EVEN IF GRAVITYLAB MULTIMEDIA, ANY OF ITS SUPPLIERS OR AFFILIATES OR CUSTOMER AND ANY CUSTOMER AFFILATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7.8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT COMPANY MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE AGGREGATE LIABILITY OF GRAVITYLAB MULTIMEDIA, ALL GRAVITYLAB SUPPLIERS AND GRAVITYLAB AFFILIATES UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT OR FIFTY DOLLARS ($50.00) WHICHEVER IS LESSER. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Section 7.9. Potential Liability GravityLab reserves the right to refuse to provide DRM Services with respect to any piece of Content or to a Customer if GravityLab reasonably believes the distribution of such piece of Content exposes Customer and/or GravityLab Multimedia to potential legal liability in any country.

8. Terms and Conditions – Copyright & Trademark

Section 8.1. Copyright. The entire content of GravityLab Multimedia’s Service, including its Web site, is copyrighted, and all rights are reserved.

Section 8.2.Trademark Reservation of Rights. GravityLab Multimedia, Inc. (hereinafter referred to as GravityLab), and/or its licensors, 2005 – 2015, is the exclusive owner of all right, title, and interest in the GravityLab Multimedia Marks and GravityLab Multimedia Logos. No person or entity may reproduce or use (or authorize the reproduction or use of) the GravityLab Multimedia Marks or the GravityLab Multimedia Logos in any manner other than expressly authorized by GravityLab. Unauthorized use of GravityLab’s Marks or GravityLab’s logos is strictly prohibited. “GravityLab Multimedia,” “GravityLab Multimedia Inc,” and “GravityLab” are the trademarks of GravityLab Multimedia, LLC.

Section 8.3. Trademark Usage Policy. The proper use of GravityLab’s trademark and logos are described below:

Section 8.3.1. Use Correct Trademark Symbol. When using GravityLab’s trademark in text form (“GravityLab Mark”) or art form (“GravityLab Logo”) use the correct ® or ™ trademark identification symbol. The ® symbol is used for the GravityLab Marks registered with the U.S. Patent & Trademark Office and the ™ symbol is used if the GravityLab Multimedia Mark is not yet registered. The following GravityLab Multimedia Marks should display the ® symbol: GravityLab Multimedia®, GravityLab Multimedia.com®. The following Marks should display the ™ symbol: GravityLab™.

Section 8.3.2. No Alteration of GravityLab Marks or GravityLab Logos. When using a GravityLab Mark, never vary the spelling, insert a hyphen, separate into two words, or use a plural form of the GravityLab Multimedia Mark. When using a GravityLab Logo, never alter or modify the design, art, colors, proportions, or add or delete any words or hyphens. Do not abbreviate the GravityLab Multimedia Mark to create any acronym, such as PS instead of GravityLab®.

Section 8.3.3. The GravityLab Logo. The GravityLab logo must be a stand-alone graphic or icon to depict the origination of GravityLab Multimedia, without other marks or logos associated with it.

Section 8.3.4. No Third Party Conjunction. Only GravityLab’s products and services may be associated with the GravityLab Mark or GravityLab Logo. No third party mark or logo may be used in conjunction with GravityLab’s Marks or Logos. The GravityLab Marks or Logos may not be used as part of the product or service name for a third party product or service.

Section 8.3.5. Using Footnotes for Accurate Attribution. It is GravityLab’s policy to attribute GravityLab’s Marks and GravityLab’s Logos use by placing the information in a footnote that states: “GravityLab (or other GravityLab Mark or Logo) is a trademark (or a registered trademark) of GravityLab Multimedia, Inc.”

Section 8.3.6. Third Party Licensors. GravityLab’s services include technology used under license from third party licensors. GravityLab’s services may be a service hosted through another company or partner. You may not use any such third party trademark without express permission from the owner of that trademark.

Section 8.3.7. Modifications and Restrictions. GravityLab may, at its sole discretion, modify the GravityLab Marks or GravityLab Logos at any time. Please refer to the GravityLab Marks and Logos periodically to ensure full compliance. In order to assure compliance and quality control, GravityLab may request that you provide samples of any marketing, advertising, or other materials that will include the GravityLab Marks or GravityLab Logos. No person or entity may use the GravityLab Marks or GravityLab Logos in association with any content or purpose that violates GravityLab’s Acceptable Use Policy in GravityLab’s Terms and Conditions of Use (Found on This Page). GravityLab Mmay, in its sole discretion, restrict any person or entity from using or displaying the GravityLab Marks or GravityLab Logos.

Section 9. Third Party Links.

The Gravitylab Network may contain links to web sites operated by parties other than Gravitylab (“Third Party Web Sites”), and Gravitylab may license Content from the Gravitylab Network for use by Third Party Web Sites. Gravitylab makes no representation or endorsement of the Third Party Web Sites and you access them at your own risk.

Section 10. Gravitylab Network Modification and Discontinuation.

Gravitylab reserves the right to modify or discontinue, temporarily or permanently, at any time, any Content or Information (defined below) on the Gravitylab Network, or the Gravitylab Network itself, or any portion thereof. You agree that any such modification or discontinuation shall be entirely without liability to you or any third party.

Section 11. Gravitylab Network Not for Children

The Gravitylab Network is not directed at children under the age of 13. Those portions of the Gravitylab Network requiring registration, such as use of Communities, ask that the user’s age or birthday be provided, and will automatically exclude from registration those who are under 13. If a person indicates that he/she is under the age of 13, Gravitylab shall: not collect the child’s personal information; ask the child to provide his/her parent’s consent to register with Gravitylab; or ask the child to provide a parent’s email address so that Gravitylab can obtain parental consent to the child’s registration with the Web Site, subscription to Gravitylab newsletters, and/or participation in other activities and options made available on the Web Site. If a user under the age of 13 wants to participate in online activities offered on the Web Site, we only collect from him/her that information which is reasonably necessary for him/her to participate in the activity. After receipt of a request from a parent, we shall notify the parent what personal information Gravitylab has collected from his/her child. Such requests or questions regarding Gravitylab’s privacy practices should be sent via email to the recipient:  ^people -@- gravlab.com^

Section 12. Use of Personal Information

Privacy: Gravitylab’s use of personal information you provide or which Gravitylab obtains shall be in accordance with Gravitylab’s privacy policy, as it may be changed from time to time: Gravitylab’s privacy policy can be found here.

Section 13. Choice of Law and Forum.

This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Oregon applicable to contracts entered into and wholly to be performed within Oregon. You hereby consent to the personal jurisdiction of the State of Oregon, acknowledge that venue is proper in any state or Federal court in the State of Oregon, agree that any action related to this Agreement must be brought in a state or Federal court in the State of Oregon, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, Gravitylab reserves the right to commence an action in your home jurisdiction in regards to this Agreement.

 

Section 14. Indemnity.

 

You agree to defend, indemnify and hold harmless Gravitylab, its licensors, licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post to the Communities or any use of the Content by you or under your control.

Section 15. Severability.

If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Use of “You” or “Your”. The words “you” or “your” shall also include your heirs, executors, administrators, successors, legal representatives and permitted assigns.

Section 16. Waiver.

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Gravitylab.

Section 17. Copyright Complaints.

 

If you believe that your work or Information has been copied and is accessible on the Gravitylab Network in such a manner as to constitute copyright infringement, you may notify Gravitylab by providing Gravitylab’s copyright agent with the following information:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Gravitylab’s agent for notice of claims of copyright infringement on the Gravitylab Network may be reached as follows:

Gravitylab Multimedia LLC
Attn: Business Law Center
c/o: Jill R. Fetherstonhaugh, Principal Attorney
1158 High St #101
Eugene, OR 97403

Section 18. Printed Agreement.

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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section 19. Consent to Exclusive Jurisdiction, Waiver of Objections.

These Terms and Conditions and the relationship between you and GravityLab shall be governed by the laws of the Commonwealth of Oregon without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Oregon for the adjudication of any and all claims arising out of your use of the GravityLab Hosting Services, our website , and you waive any objection thereto.