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{% extends "base.html" %}
{% load i18n %}
{% block body_attrs %}id="terms"{% endblock %}
{% block main_content %}
<h1>Terms of Service</h1>
<h3>1. Your Acceptance</h3>
<p>By using or visiting the Amara website or any Universal
Subtitles products, software, data feeds, and services provided to you on,
from, or through the Amara website (known collectively as the
"Service") you signify your agreement to (1) these terms and conditions (the
"Terms of Service"), and (2) Universal Subtitle' privacy policy, found at
http://universalsubtitles.org/w3c/privacy.html and incorporated herein by
reference. If you do not agree to any of these terms, or the Universal
Subtitles privacy policy, please do not use the Service.</p>
<p>Amara may, in its sole discretion, modify or revise these
Terms of Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in these Terms of Service shall be deemed
to confer any third-party rights or benefits.</p>
<h3>2. Service</h3></h3>
<p>These Terms of Service apply to all users of the Service, including users
who are also contributors of Content on the Service. “Content” includes the
text, software, graphics, interactive features and other materials you may view
on, access through, or contribute to the Service. The Service includes all
aspects of Amara, including but not limited to all products,
software and services offered via the Amara website and other
applications.</p>
<p>The Service may contain links to third party websites that are not owned or
controlled by Amara. Amara has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, Amara will not and cannot
censor or edit the content of any third-party site. By using the Service, you
expressly relieve Amara from any and all liability arising from
your use of any third-party website.</p>
<h3>3. General Use of the Service—Permissions and Restrictions</h3>
<p>Amara hereby grants you permission to access and use the
Service as set forth in these Terms of Service, provided that:</p>
<p>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 Amara
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, Amara grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials. Universal
Subtitles reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable
information, 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, any users of the Service with respect to their Content.</p>
<p>In your use of the Service, you will comply with all applicable laws.</p>
<p>Amara reserves the right to discontinue any aspect of the
Service at any time.</p>
<h3>4. Your Use of Content</h3>
<p>In addition to the general restrictions above, the following restrictions
and conditions apply specifically to your use of Content.</p>
<p>Content is provided to you AS IS. You shall not copy, reproduce, distribute,
transmit, broadcast, display, sell, license, or otherwise exploit any Content
for any other purposes without the prior written consent of the respective
licensors of the Content.</p>
<p>You understand that when using the Service, you will be exposed to Content
from a variety of sources, and that Amara is not responsible for
the accuracy, usefulness, safety, or intellectual property rights of or
relating to such Content. You further understand and acknowledge that you may
be exposed to Content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Amara
with respect thereto, and, to the extent permitted by applicable law, agree to
indemnify and hold harmless Amara, its owners, operators,
affiliates, licensors, and licensees to the fullest extent allowed by law
regarding all matters related to your use of the Service.</p>
<h3>5. Your Content and Conduct</h3>
<p>As a Amara account holder you may submit Content to the
Service, including captions and subtitles. You understand that Universal
Subtitles does not guarantee any confidentiality with respect to any Content
you submit.</p>
<p>You shall be solely responsible for your own Content and the consequences of
submitting and publishing your Content on the Service. You affirm, represent,
and warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit; and you license to Universal
Subtitles all patent, trademark, trade secret, copyright or other proprietary
rights in and to such Content for publication on the Service pursuant to these
Terms of Service.</p>
<p>For clarity, you retain all of your ownership rights in your Content.
However, by submitting Content to Amara, you hereby grant
Amara a worldwide, non-exclusive, royalty-free, license to use,
reproduce, distribute, prepare derivative works of, display, and transmit the
Content in connection with the Service and Amara (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 formats and through any media channels. You also hereby grant
each user of the Service a non-exclusive license to access your Content through
the Service, and to use, reproduce, distribute, display and perform such
Content as permitted through the functionality of the Service and under these
Terms of Service. You also hereby grant each user of the Service a
non-exclusive license to improve your Content through the Service by editing
and/or translating your Content. The above licenses granted by you in the
Content you submit to the Service terminate within a commercially reasonable
time after you remove or delete your video from the Service. You understand and
agree, however, that Amara may retain, but not display,
distribute, or perform, server copies of your captions and subtitles that have
been removed or deleted. The above licenses granted by you in user comments you
submit are perpetual and irrevocable.</p>
<p>You further agree that Content you submit to the Service will not contain
third party copyrighted material, or material that is subject to other third
party proprietary rights, unless you have permission from the rightful owner of
the material or you are otherwise legally entitled to post the material and to
grant Amara all of the license rights granted herein.</p>
<p>Amara does not endorse any Content submitted to the Service by
any user or other licensor, or any opinion, recommendation, or advice expressed
therein, and Amara expressly disclaims any and all liability in
connection with Content. Amara does not permit copyright
infringing activities and infringement of intellectual property rights on the
Service, and Amara will remove all Content if properly notified
that such Content infringes on another's intellectual property rights.</p>
<p>Amara reserves the right to remove Content without prior
notice.</p>
<h3>6. Account Termination Policy</h3>
<p>Amara will terminate a user's access to the Service if, under
appropriate circumstances, the user is determined to be a repeat infringer.</p>
<p>Amara reserves the right to decide whether Content violates
these Terms of Service for reasons other than copyright infringement, such as,
but not limited to, pornography, obscenity, or excessive length. Universal
Subtitles may at any time, without prior notice and in its sole discretion,
remove such Content and/or terminate a user's account for submitting such
material in violation of these Terms of Service.</p>
<h3>7. Digital Millennium Copyright Act</h3>
<p>If you are a copyright owner or an agent thereof and believe that any
Content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):</p>
<ul>
<li>A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;</li>
<li>Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;</li>
<li>Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;</li>
<li>Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;</li>
<li>A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and</li>
<li>A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.</li>
</ul>
<p>Amara's designated Copyright Agent to receive notifications of
claimed infringement is Dean Jansen, PO Box 55071 #20335, Boston, MA 02205
email: dmca@universalsubtitles.org, fax: 617-896-3964. 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
Amara's regular email address: universalsubtitles@pculture.org You
acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.</p>
<p>Counter-Notice. If you believe that your Content that was removed (or to
which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Content, you may send
a counter-notice containing the following information to the Copyright
Agent:</p>
<ul>
<li>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 the Content appeared before it was removed
or disabled;</li>
<li>A statement that you have a good faith belief that the Content was removed
or disabled as a result of mistake or a misidentification of the Content;
and</li>
<li>Your name, address, telephone number, and e-mail address, a statement that
you consent to the jurisdiction of the federal court in Boston, Massachusetts,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.</li>
</ul>
<p>If a counter-notice is received by the Copyright Agent, Amara
may send a copy of the counter-notice to the original complaining 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 removed
Content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at Amara's sole
discretion.</p>
<h3>8. Warranty Disclaimer</h3>
<p>YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, AMARA, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. AMARA MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 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 FINANCIAL INFORMATION 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) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. UNIVERSAL
SUBTITLES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND AMARA WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.</p>
<h3>9. Limitation of Liability</h3>
<p>IN NO EVENT SHALL AMARA, 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 FINANCIAL INFORMATION 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) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p>
<p>YOU SPECIFICALLY ACKNOWLEDGE THAT AMARA SHALL NOT BE LIABLE
FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.</p>
<p>The Service is controlled and offered by Amara from its
facilities in the United States of America. Amara makes no
representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are responsible for compliance with local law.</p>
<h3>10. Indemnity</h3>
<p>To the extent permitted by applicable law, you agree to defend, indemnify
and hold harmless Amara, 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 to the
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 a third party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Service.</p>
<h3>11. Ability to Accept Terms of Service</h3>
<p>You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service.</p>
<h3>12. Assignment</h3>
<p>These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Universal
Subtitles without restriction.</p>
<h3>13. General</h3>
<p>You agree that: (i) the Service shall be deemed solely based in
Massachusetts; and (ii) the Service shall be deemed a passive website that does
not give rise to personal jurisdiction over Amara, either
specific or general, in jurisdictions other than Massachusetts. These Terms of
Service shall be governed by the internal substantive laws of the State of
Massachusetts, without respect to its conflict of laws principles. Any claim or
dispute between you and Amara that arises in whole or in part
from the Service shall be decided exclusively by a court of competent
jurisdiction located in Suffolk County, Massachusetts. These Terms of Service,
together with the Privacy Policy at
http://universalsubtitles.org/w3c/privacy.html and any other legal notices
published by Amara on the Service, shall constitute the entire
agreement between you and Amara concerning the Service. If any
provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and
Amara's failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right or provision. Universal
Subtitles reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of Service
for any changes. Your use of the Service following any amendment of these Terms
of Service will signify your assent to and acceptance of its revised terms. YOU
AND AMARA AGREE THAT ANY CAUSE OF ACTION 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.</p>
<p><strong>Dated: September 20, 2010</strong></p>
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