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Terms of Service

Zealot Networks

Last Updated: January 29, 2016

  1. Your Acceptance.
  1. By visiting or using a website or application owned or controlled by Zealot Networks, including our affiliatedcompanies (collectively, “Zealot”or “we”or “our”or “us”), or any our products, software, data feeds, video player and services provided to you by Zealot(collectively the “Service”) you signify your agreement to: (I) these terms and conditions (the “Termsof Service”); and (II) our privacy policy (the “Privacy Policy”), and incorporatedherein by reference. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodicallyreview the most up-to-date version. We may, in our sole discretion, modify or revise these Terms of Service and policiesat any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall bedeemed to confer any third-party rights or benefits.
  1. Service.
  1. These Terms of Service apply to all users of the Service, including users who are also contributors ofContent on the Service. “Content”includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactivefeatures and other materials you may view on, access through, or contribute to the Service.
  2. Certain products, services, features, functionality, and content made available by us on the Service are delivered bythird parties. By accessing or using any product, service, feature, functionality, or content originating from theService, you hereby acknowledge and consent that we may share information and data with third parties with whom we have acontractual relationship to provide the requested product, service, feature, functionality, or content for our users.
  3. The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, andassume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, wewill not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieveZealot from any and all liability arising from your use of any third-party website.
  4. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacypolicy of each other website that you visit.
  1. Accounts and Third Party Accounts.
  1. In order to access some features of the Service, you will have to create an account. You may never useanother user’s account without permission. When creating your account, you must provide accurate and completeinformation. You are solely responsible for the activity that occurs on your account, and you must keep your accountpassword secure. You must notify us immediately of any breach of security or unauthorized use of your account.
  2. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for thelosses of Zealot or others due to such unauthorized use.
  3. You may be able to connect your account on our Service to your third party accounts on other services (e.g., Facebook orTwitter). By connecting your account to your third party accounts, you acknowledge and agree that you are consenting tothe continuous release of information about you to others (in accordance with your privacy settings on those third partysites). If you do not want information about you to be shared in this manner, do not use this feature.
  1. General Use of the Service - Permissions and Restrictions.

We hereby grant you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without our prior writtenauthorization, unless we make available the means for such distribution through functionality offered by the Service, suchas with an embeddable video player authorized by us (“Embeddable Player”) or other authorized means that wemay designate.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than on theService itself, an Embeddable Player, or other explicitly authorized means we may designate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain our prior written approval:
  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or websitecontaining Content delivered via the Service, unless other material not obtained from us appears on the same page and isof sufficient value to be the basis for such sales.
  1. Prohibited commercial uses do not include:
  • uploading an original video to the Service, or maintaining an original channel on the Service, to promote your business orartistic enterprise;
  • showing our videos through an Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictionsset forth herein; or
  • any use that we expressly authorize in writing.
  1. If you use an Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality ofthe Embeddable Player, including but not limited to links back to the Service.
  2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,”or “offline readers,” that accesses the Service in a manner that sends more request messages to the Service’sservers in a given period of time than a human can reasonably produce in the same period by using a conventional on-lineweb browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders tocopy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly availablesearchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke theseexceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiableinformation, including account names, from the Service, nor to use the communication systems provided by the Service(e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, anyusers of the Service with respect to their Content.
  3. In your use of the Service, you will comply with all applicable laws.
  4. We reserve the right to discontinue any aspect of the Service at any time.
  1. Your Use of Content.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use ofContent.

  1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned byor licensed to Zealot, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended throughthe provided functionality of the Service and as permitted under these Terms of Service. You shall not download anyContent unless you see a “download”or similar link displayed by us on the Service for that Content. You shall not copy, reproduce, distribute, transmit,broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior writtenconsent of us or the respective licensors of the Content. Zealot and its licensors reserve all rights not expresslygranted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features thatprevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are notresponsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Youfurther understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, orobjectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may haveagainst us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmlessZealot, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding allmatters related to your use of the Service.
  1. Your Content and Conduct.
  1. As an account holder you may be able to submit Content to the Service, including videos and user comments.You understand that we do not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on theService. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissionsto publish Content you submit; and you license to Zealot all patent, trademark, trade secret, copyright or otherproprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Service, youhereby grant Zealot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Zealot’s(and its successors’and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service(and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of theService a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display andperform such Content as permitted through the functionality of the Service and under these Terms of Service. The abovelicenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time afteryou remove or delete your videos from the Service. You understand and agree, however, that we may retain, but not display,distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by youin user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or materialthat is subject to other third party proprietary rights, unless you have permission from the rightful owner of thematerial or you are otherwise legally entitled to post the material and to grant us all of the license rights grantedherein.
  5. You further agree that you will not submit to the Service any Content or other material that is contrary to these Terms ofService or contrary to applicable local, national, and international laws and regulations.
  6. We do not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, oradvice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permitcopyright infringing activities and infringement of intellectual property rights on the Service, and we will remove allContent if properly notified that such Content infringes on another’s intellectual property rights. We reserve theright to remove Content without prior notice.

7.        Use of Communication Services.

a.        The Service may contain bulletin board services, chatareas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication servicesdesigned to enable you to communicate with the public at large or with a group (collectively, “Communication Services”),you agree to use the Communication Services only to post, send and receive messages and material that are proper and relatedto the particular Communication Service.

b.        By way of example, and not as a limitation, you agreethat when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legalrights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; uploadfiles that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity)unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses,corrupted files, or any other similar software or programs that may damage the operation of another’s computer;advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Servicespecifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any fileposted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed insuch manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels ofthe origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other userfrom using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicablefor any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses,without their consent; violate any applicable laws or regulations.

c.        We have no obligation to monitor the CommunicationServices. However, we reserve the right to review materials posted to a Communication Service and to remove any materials inour sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any timewithout notice for any reason whatsoever.

d.        We reserve the right at all times to disclose anyinformation as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuseto post or to remove any information or materials, in whole or in part, in our sole discretion.

e.        Always use caution when giving out any personallyidentifying information about yourself or your children in any Communication Service. We do not control or endorse thecontent, messages or information found in any Communication Service and, therefore, we specifically disclaim any liabilitywith regard to the Communication Services and any actions resulting from your participation in any Communication Service.Managers and hosts are not authorized Zealot spokespersons, and their views do not necessarily reflect those of Zealot.

f.        Materials uploaded to a Communication Service may besubject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to suchlimitations if you upload the materials.

8.        Account Termination Policy.

  1. We will terminate a user’s access to the Service if, under appropriate circumstances, the user isdetermined to be a repeat infringer.
  2. We reserve the right to decide whether Content violates these Terms of Service for reasons other than copyrightinfringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without priornotice and in our sole discretion, remove such Content and/or terminate a user’s account for submitting suchmaterial in violation of these Terms of Service.

9.        Digital Millennium Copyright Act.

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon yourcopyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) byproviding our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that isallegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a singleonline site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is tobe removed or access to which is to be disabled and information reasonably sufficient to permit the service provider tolocate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number,and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized bythe copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized toact on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Our designated Copyright Agent to receive notifications of claimed infringement is:

Zealot Networks

660 Venice Blvd.

Venice, CA 90291

Attn: General Counsel

copyright@zealotnetworks.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support,and other communications should be directed to Zealot customer service. You acknowledge that if you fail to comply with all ofthe requirements of this Section 9, your DMCA notice may not be valid.

  1. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you havethe authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use thematerial in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which theContent appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or amisidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federalcourt in Los Angeles, California, and a statement that you will accept service of process from the person who providednotification of the alleged infringement.
  1. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the originalcomplaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days.Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removedContent may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice,at our sole discretion.

10.        Warranty Disclaimer.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZEALOT, ITSOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES ANDYOUR USE THEREOF. ZEALOT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’SCONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOURACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OURSERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRDPARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ZEALOT DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES ORANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZEALOT WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.

11.        Limitation of Liability.

IN NO EVENT SHALL ZEALOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES;(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANYERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENTPOSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OFLIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THATZEALOT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISKOF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL ZEALOTS’TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE.

The Service is controlled and offered by Zealot from its facilities in the United States of America. Zealot makes norepresentations that the Service is appropriate or available for use in other locations. Those who access or use the Servicefrom other jurisdictions do so at their own volition and are responsible for compliance with local law.

12.        Indemnification.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zealot, its parent corporation,officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access tothe Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right,including without limitation any copyright, property, or privacy right; or (IV) any claim that your Content caused damage to athird party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

13.        Ability to Accept Terms of Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardianconsent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, andwarranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, youaffirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years ofage, then please do not use the Service. Talk to your parents about what websites are appropriate for you.

14.        Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may beassigned by Zealot without restriction.

15.        General.

You agree that: (I) the Service shall be deemed solely based in California; and (II) the Service shall be deemed a passivewebsite that does not give rise to personal jurisdiction over Zealot, either specific or general, in jurisdictions other thanCalifornia. These Terms of Service shall be governed by the internal substantive laws of the State of California, withoutrespect to its conflict of laws principles. Any claim or dispute between you and Zealot that arises in whole or in part,directly or indirectly, from these Terms of Service or the Privacy Policy or your use of the Service shall be governed by andconstrued in accordance with the laws of the State of California, without regard to its conflict of laws rules applicable tocontracts to be performed entirely within the State of California, Los Angeles County. For all such matters, each partyirrevocably submits to the exclusive jurisdiction of JAMS Arbitration in the County of Los Angeles, State of California andwaives any jurisdictional, venue, or inconvenient forum objections to such arbitration. These Terms of Service, together withthe Privacy Policy and any other legal notices published byus on the Service, shall constitute the entire agreement between you and Zealot concerning the Service. If any provision ofthese Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall notaffect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. Nowaiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any otherterm, and Zealot’s failure to assert any right or provision under these Terms of Service shall not constitute a waiverof such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it isyour responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of theseTerms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZEALOT AGREE THAT ANY CAUSE OFACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.        Notice for California Users.

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specificconsumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at(916) 445-1254 or (800) 952-5210.

17.        Contact Information.

If you have any questions regarding these Terms of Service, you may email us at contact@zealotnetworks.com or contact us by mailaddressed to:

Zealot Networks

660 Venice Blvd.

Venice, CA 90291

Effective Date of these Terms of Service

These Terms of Service are effective as of June 24, 2011 and last updated January 29, 2016.

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