Please address general correspondence to our Office:
2852 Willamette St
Eugene OR 97405-8200
2852 Willamette St
Eugene OR 97405-8200
Purpose of Site. GravityLab Multimedia, Inc, (an Oregon Limited Liability Company) hereby called (“GravityLab Multimedia”), 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 Multimedia’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 Multimedia’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 Multimedia 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 Multimedia’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 Multimedia, 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 Multimedia 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 Multimedia. Customer will then receive the Quote for the costs of conversion which must be signed and returned to GravityLab Multimedia 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.
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 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 Multimedia 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 firstname.lastname@example.org, 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.
Customer Balances are due no later than 4:00 PM Pacific Time, on the 20th day 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 46 days after the initial bill date for service, Customer’s Account shall be assesed a late fee of $64.00. If a balance remains due 59 days past the initial bill date for service, Customer’s Account, customer’s account shall be assessed a 2nd late fee of $128.00. If a balance remains due 89 days from the initial issuance of original invoice, customer’s account shall be assessed a 3rd late fee of $256.00, closed, and remitted to collections. Collection party shall be a 3rd party or internal billing collections team at Graviylab. ***
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Section 3.4. Collection Agency. Customer Balances (Amounts) past due by 89 days are subject to submission to GravityLab Multimedia’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 Multimedia reserves the right to immediately suspend Customer’s Account until the Chargeback Request has been formally resolved between GravityLab Multimedia 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 Multimedia encourages Customer to first contact GravityLab Multimedia’s Customer Service to resolve any discrepancies to avoid having Customer’s Account suspended upon notification of a Chargeback. GravityLab Multimedia 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 Multimedia. For the current billing cycle, GravityLab Multimedia will pro-rate daily, the service charges, as posted online at GravityLab Multimedia’s Web site, at the time of Customer’s request, and recalculate the service 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 “Dedicated 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 “Enterprise On Demand” and “Live Webcast (Usage Based)” services are priced according to Data Transfer Rate Plan One, as described on GravityLab Multimedia’s Web site at http://www.GravityLab Multimedia.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 Multimedia 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 Multimedia 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 one calendar month of Account Closure. Setup fees are non-refundable. GravityLab Multimedia will be the sole arbiter as to how the refund should be completed.
Section 4.1. Cancellation of Service by GravityLab Multimedia. 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 Multimedia will reimburse client any unused fees (prorated daily), after GravityLab Multimedia has determined, in its own discretion, that all charges associated with the account have been satisfactorily paid. Upon request of Customer, GravityLab Multimedia 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 Multimedia Written Agreement specifies otherwise. GravityLab Multimedia shall reimburse client any unused fees (prorated daily), after GravityLab Multimedia 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 Multimedia will not be responsible for storage and preservation of Customer’s materials upon receipt of request for cancellation. 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 4.3. Effective Date of Cancellation. Upon receipt of written notice, as defined in Section 4.4, from Customer, followed by written acknowledgement from GravityLab Multimedia to cancel the service, the Effective Date of Cancellation shall be end of the current billing cycle.
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 if Customer cancels Live Streaming Services no later than the third business day by 5:00 PM Pacific Time following the date of activation of the service, then Customer will be credited the Mount Point fee plus any data transfer charges that are up to and equal to 400 Megabytes of data transfer. Any data transfer charges exceeding 400 Megabytes will be charged at the rate of $0.01 (one cent) per Megabyte transferred.
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 Multimedia’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 Multimedia reserves the right to suspend or terminate the service without notice. GravityLab Multimedia shall make reasonable efforts to advise Customer of the inappropriate behavior and offer any corrective action necessary. GravityLab Multimedia 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:
Customer will not register for or use the “Free 15 Day Evaluation” 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 Multimedia’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 Multimedia’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 Multimedia 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 Multimedia’s policy to exercise censorship and remove content from our service that does not violate GravityLab Multimedia’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 Multimedia. 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. If employees encounter a Customer requesting support for such content, GravityLab Multimedia’s employees are required to notify Customer that suitable content for viewing must be uploaded into the account for any support to be made available, and only for suitable content, and that no support or customer service will be provided for unsuitable content.
If GravityLab Multimedia receives an order or a shipment for the purposes of preparing any content for streaming, including, but not limited to digitizing or encoding, that should be unsuitable, whether discovery of such content is made prior to performing the service, or during the course of performing the service, such service shall cease immediately. GravityLab Multimedia will then return the content, or at the discretion and sole determination by GravityLab Multimedia’s management, refer the Customer to an independent contractor for completion of services.
Section 5.5. Receipt of Copyright or Trademark Infringement Notification. If GravityLab Multimedia 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 Multimedia’s Customer’s Web site, 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 Multimedia 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 Multimedia will take appropriate actions under the Digital Millennium Copyright Act and/or other applicable intellectual property laws, which may including disabling or removing the work(s) from service and/or suspend or terminate Customer’s service and withhold Customer’s content until the matter has been fully resolved by all parties and such resolution has been submitted in writing to GravityLab Multimedia on terms mutually acceptable to GravityLab Multimedia, or if court action of legal jurisdiction determines otherwise.
Section 5.6. Live Events. Customer agrees not to use the service to host “live events” without the express written permission of GravityLab Multimedia and, if such consent is given, only pursuant to the terms and conditions designated in the written permission from GravityLab Multimedia or as per a GravityLab Multimedia Written Agreement. In the event that Customer uses the service to host “live events” without the express written consent of GravityLab Multimedia, GravityLab Multimedia reserves the right to remove Customer’s materials from GravityLab Multimedia’s service, or otherwise block access by third-parties to Customer’s materials.
Section 5.7. Disk and Bandwidth Utilization. GravityLab Multimedia’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. GravityLab Multimedia 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 Multimedia deems inappropriate or excessive. 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 this site (and no less than one cent per megabyte in data traffic and one dollar per megabyte in disk storage, unless a GravityLab Multimedia Written Agreement specifies otherwise). For megabyte-to-gigabyte calculation purposes, GravityLab Multimedia uses the formula, 1,024 megabytes equals 1 (one) gigabyte.
While GravityLab Multimedia implements 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.
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 email@example.com or use Customer’s login and password to request a modification of service online.
Section 6.1. Service Availability – 100% Uptime Guarantee. For Customers engaged in GravityLab Multimedia Written Agreements, qualified by GravityLab Multimedia’s monthly minimum fee and term of service, and requested by Customer, GravityLab Multimedia’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 – 100% Uptime Guaranty. GravityLab Multimedia uses best efforts to keep its service up and running. GravityLab Multimedia’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 Multimedia 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 GravityLab Multimedia’s Term of Service Policy, then Customer may elect to cancel the Service/Agreement, and GravityLab Multimedia agrees to reimburse Customer, on a daily pro-rated basis upon request, any fees paid to GravityLab Multimedia for which service was unavailable and/or not rendered. For the calculation, GravityLab Multimedia assumes a total of 30 Days within a Service Period, which provides a total of 720 hours. GravityLab Multimedia guarantees 99.0% 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 Multimedia 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 Multimedia’s service. It is very possible that GravityLab Multimedia’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 Multimedia employs an independent party, Keynote Systems, Inc., 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 Multimedia.
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.
Section 6.3. Notice of Violation of Service Level Agreement. To terminate the contract, Customer must give written notice within four business days of violation of this Service Level Agreement at:
Gravitylab Multimedia Inc
2852 Willamette St #225
Eugene, OR 97405-8200
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:
“Advanced Systems Format” or “ASF” means the current version of the extensible file storage format developed by or for Microsoft for authoring, editing, archiving, distributing, streaming, playing, referencing, or otherwise manipulating Content, as used by the Windows Media technologies.
“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 Microsoft’s digital rights management system for Windows Media technologies that enables enforcement of business rules and license-based access to ASF Content consistent with the terms and conditions of this Agreement.
“DRM Client” means Microsoft’s client-side technology that enables the enforcement of business rules and license-based access to ASF Content by the Windows Media Player.
“DRM Client Certificate” means a Microsoft-provided, 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 ASF Content.
“Protected ASF Content” means ASF Content that has been protected by DRM.
Section 7.3. Digital Rights Licenses: The digital rights licenses available to Customer with regard to Protected ASF Content shall be depicted on GravityLab Multimedia’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 ASF Content that Customer does not own or have the rights to so modify, or modify ASF Content in a manner that violates the DRM Flags in any DRM license associated with ASF 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 Multimedia’s intellectual property or to the intellectual property of any third party used in connection with distributing the ASF 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 Multimedia 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 Multimedia technology, or technology of any third party used in connection with distributing the ASF 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 MULTIMEDIA 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 MULTIMEDIA DOES NOT WARRANT THAT THE GRAVITYLAB MULTIMEDIA 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 Multimedia 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 MULTIMEDIA SUPPLIERS AND GRAVITYLAB MULTIMEDIA AFFILIATES UNDER ANY PROVIDSION OF THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT OR FIFTY DOLLARS ($50.00) WHICHEVER IS GREATER. 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 Multimedia reserves the right to refuse to provide DRM Services with respect to any piece of Content or to a Customer if GravityLab Multimedia reasonably believes the distribution of such piece of Content exposes Customer and/or GravityLab Multimedia to potential legal liability in any country.
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 Multimedia), and/or its licensors, 1998 – 2004, 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 Multimedia. Unauthorized use of GravityLab Multimedia’s Marks or GravityLab Multimedia’s logos is strictly prohibited. “GravityLab Multimedia,” “GravityLab Multimedia.com,” and “DigitalRightsMedia” are the trademarks of GravityLab Multimedia, Inc.
Section 8.3. Trademark Usage Policy. The proper use of GravityLab Multimedia’s trademark and logos are described below:
Section 8.3.1. Use Correct Trademark Symbol. When using GravityLab Multimedia’s trademark in text form (“GravityLab Multimedia Mark”) or art form (“GravityLab Multimedia Logo”) use the correct ® or ™ trademark identification symbol. The ® symbol is used for the GravityLab Multimedia 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 Multimedia Marks or GravityLab Multimedia Logos. When using a GravityLab Multimedia 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 Multimedia 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 Multimedia®.
Section 8.3.3. The GravityLab Multimedia Logo. The GravityLab Multimedia 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 Multimedia’s products and services may be associated with the GravityLab Multimedia Mark or GravityLab Multimedia Logo. No third party mark or logo may be used in conjunction with GravityLab Multimedia’s Marks or Logos. The GravityLab Multimedia 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 Multimedia’s policy to attribute GravityLab Multimedia’s Marks and GravityLab Multimedia’s Logos use by placing the information in a footnote that states: “GravityLab Multimedia (or other GravityLab Multimedia Mark or Logo) is a trademark (or a registered trademark) of GravityLab Multimedia, Inc.”
Section 8.3.6. Third Party Licensors. GravityLab Multimedia’s services include technology used under license from third party licensors. 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 Multimedia may, at its sole discretion, modify the GravityLab Multimedia Marks or GravityLab Multimedia Logos at any time. Please refer to the GravityLab Multimedia Marks and Logo Chart periodically to ensure full compliance. In order to assure compliance and quality control, GravityLab Multimedia may request that you provide samples of any marketing, advertising, or other materials that will include the GravityLab Multimedia Marks or GravityLab Multimedia Logos. No person or entity may use the GravityLab Multimedia Marks or GravityLab Multimedia Logos in association with any content or purpose that violates GravityLab Multimedia’s Acceptable Use Policy in GravityLab Multimedia’s Terms and Conditions of Use. GravityLab Multimedia may, in its sole discretion, restrict any person or entity from using or displaying the GravityLab Multimedia Marks or GravityLab Multimedia Logos.
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.
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.
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 firstname.lastname@example.org
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.
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:
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.