Terms of Use Policy

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
ICOI ("we" or "us") provides an online multimedia service offering a selection of audio and video clips produced at ICOI, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by ICOI, however accessed, are referred to collectively as the "ICOI Online Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

Use of the ICOI Online Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany a ICOI application, feature or device.

Certain ICOI Online Services are provided to you free-of-charge. There are some other ICOI Online Services that, if you are interested in accessing, will require payment by you. The ICOI Online Services that may be accessed after payment are referred to currently as "ICOI Plus."

It is our pleasure to provide the ICOI Online Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the ICOI Online Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the ICOI Site or using any of the ICOI Online Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: legal@icoi.net.

2. CHANGES TO THE TERMS OF USE BY ICOI
ICOI may amend these Terms of Use at any time by posting the amended Terms of Use on the ICOI Site at http://icoi.net/page/terms. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the ICOI Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE ICOI ONLINE SERVICES
Your License. ICOI is pleased to grant you a non-exclusive limited license to use the ICOI Online Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by ICOI in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ICOI in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by ICOI. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by ICOI in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Embedding a Video Using the Video Player. You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. ICOI reserves the right to prevent embedding to any website or other location that ICOI finds inappropriate or objectionable (as determined by ICOI in its sole discretion).

Ownership. You agree that ICOI owns and retains all rights to the ICOI Online Services. You further agree that the Content you access and view as part of the ICOI Online Services is owned or controlled by ICOI and ICOI's licensors. The ICOI Online Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities. In order for us to keep the ICOI Online Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the ICOI Online Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the ICOI Online Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the ICOI Site or use the ICOI Online Services in a way that:
If ICOI determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the ICOI Online Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the ICOI Online Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the ICOI Online Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the ICOI Online Services, you acknowledge that you will have caused substantial harm to ICOI and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay ICOI $50 for each such unsolicited communication you send through the ICOI Online Services.

Downloads. In order to participate in certain ICOI Online Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the ICOI Online Services (including the Content and the devices through which the ICOI Online Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that ICOI may do so in ICOI's sole discretion. You also agree that ICOI will not be liable to you for any modification, suspension, or discontinuance of the ICOI Online Services, although if you are a ICOI Plus subscriber and ICOI suspends or discontinues the ICOI Plus service, ICOI may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if ICOI terminates your account or suspends or discontinues your access to ICOI Online Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by clicking here. It would be our pleasure to serve you.

4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with ICOI. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any ICOI representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

We reserve the right to immediately terminate or restrict your account or your use of the ICOI Online Services or access to Content at any time, without notice or liability, if ICOI determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the ICOI Online Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the ICOI servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

5. COLLECTION AND USE OF PERSONAL INFORMATION
For information about ICOI's policies and practices regarding the collection and use of your personally identifiable information, please read ICOI's Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the ICOI Site and use of the ICOI Online Services on any of the Properties are governed by the ICOI Privacy Policy in effect at the time of your use.

6. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that ICOI operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the ICOI Online Services, we will not warn you that you have left the ICOI Online Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the ICOI Online Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

ICOI is not responsible for the content or practices of any website or destination other than the ICOI Site, even if it links to the ICOI Site and even if the website or destination is operated by a company affiliated or otherwise connected with ICOI. By using the ICOI Online Services, you acknowledge and agree that ICOI is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the ICOI Site.

Advertisements. ICOI takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the ICOI Online Services are between you and the advertiser, and you agree that ICOI is not liable for any loss or claim that you may have against an advertiser.

7. TRADEMARKS
ICOI, the ICOI logo, www.icoi.net, and other ICOI marks, graphics, logos, scripts, and sounds are trademarks of ICOI. None of the ICOI trademarks may be copied, downloaded, or otherwise exploited.

8. UNSOLICITED SUBMISSIONS
It is ICOI's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. ICOI's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ICOI creative work, including a film, series, story, title, or concept, would be purely coincidental.

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ICOI ONLINE SERVICES, YOU AGREE THAT USE OF THE ICOI ONLINE SERVICES IS AT YOUR OWN RISK. THE ICOI ONLINE SERVICES, INCLUDING THE ICOI SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ICOI DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ICOI ONLINE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL ICOI OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "ICOI PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ICOI ONLINE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ICOI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE ICOI SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ICOI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ICOI ONLINE SERVICES (INCLUDING YOUR USE OF THE CONTENT). ICOI RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the ICOI Online Services, including through a link, infringes your copyright, you should notify ICOI of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that ICOI receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to ICOI's copyright agent at legal@icoi.net (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

Attention: Copyright Agent
ICOI
2 Truman
Irvine, CA  92620
Facsimile: (949) 786-4265

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ICOI Online Services that is reasonably sufficient to enable ICOI to identify and locate the material; (iv) how ICOI can contact you, such as your address, telephone number, and email address; (v) 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 (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to legal@icoi.net for purposes other than communication about copyright infringement may not be answered.

ICOI has a policy of terminating repeat infringers in appropriate circumstances.

11. GENERAL INFORMATION

International Use. We are an organization based in the United States. ICOI's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where ICOI does not have rights or does not offer services is prohibited. ICOI Plus is not accessible through any devices from outside the United States.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the ICOI Online Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of a claim by you against ICOI, you agree to submit to the exclusive jurisdiction of the courts located in the Orange County of the State of California. In the event of a claim by ICOI against you, you agree to submit to the jurisdiction of the courts located where ICOI pursues its claim against you, which may include courts in the Los Angeles County of the State of California.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at tech@icoi.net (subject line: "TOU Violation"). Precisely how ICOI responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon ICOI's precise response with respect to one party or one situation as any indication of what ICOI might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, ICOI's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if ICOI acts in a way that appears to you to be inconsistent with these Terms of Use, ICOI's action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including ICOI's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany ICOI authorized applications, features and devices, constitute the entire legal agreement between you and ICOI and govern your use of the ICOI Online Services (including your use of the Content) (but excludes any services, if any, that ICOI may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and ICOI in relation to the ICOI Online Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by ICOI. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the ICOI Online Services!
 

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