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"):
- the ICOI.net website (the "ICOI Site");
- ICOI's affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the Video Player; and
- ICOI authorized applications, features or devices.
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."
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:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the ICOI Online Services (including the Content) that is not authorized by ICOI (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the ICOI Online Services);
- involves accessing the ICOI Online Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the ICOI Online Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the ICOI Online Services, including ICOI's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the ICOI Online Services (including the Content);
- uses the ICOI Online Services to advertise or promote services that are not expressly approved in advance in writing by ICOI;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by ICOI;
- interferes with any other party's use and enjoyment of the ICOI Online Services; or
- attempts to do any of the foregoing.
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.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. LINKED DESTINATIONS AND ADVERTISING
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.
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 firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
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 email@example.com 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.