1. Copyright Information
CACN Inc. is a
non-profit (501)(c)(3) entity. It purposely uses these videos by virtue
of the FAIR USE DOCTRINE Title 17, U.S. Code -
One of the rights accorded to the
owner of copyright is the right to reproduce or to authorize others
to reproduce the work in copies or phonorecords. This right is
subject to certain limitations found in sections 107 through 118 of
the Copyright Act (title
17, U. S. Code). One of the more important limitations is the
doctrine of “fair use.” Although fair use was not mentioned in the
previous copyright law, the doctrine has developed through a
substantial number of court decisions over the years. This doctrine
has been codified in section 107 of the copyright law.
Section 107 contains a list of the
various purposes for which the reproduction of a particular work may
be considered “fair,” such as criticism, comment, news reporting,
teaching, scholarship, and research. Section 107 also sets out four
factors to be considered in determining whether or not a particular
use is fair:
-
the purpose and character of the
use, including whether such use is of commercial nature or is
for nonprofit educational purposes;
-
the nature of the copyrighted
work;
-
amount and substantiality of the
portion used in relation to the copyrighted work as a whole; and
-
the effect of the use upon the
potential market for or value of the copyrighted work.
The distinction between “fair use”
and infringement may be unclear and not easily defined. There is no
specific number of words, lines, or notes that may safely be taken
without permission. Acknowledging the source of the copyrighted
material does not substitute for obtaining permission.
If you are a copyright owner or an agent thereof and believe
that any User Submission or other 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):
(i) A physical
or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii)
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;
(iii)
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;
(iv)
Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) 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
(vi) 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.
CACN's
designated Copyright Agent to receive notifications of claimed
infringement is: Ralph Posadas, 813 Caminito Nogales, Chula Vista, CA
91911, email: copyright@cacninc.org. 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
CACN customer service through info@CACNINC.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.
2. Limitation
of Liability
IN NO EVENT
SHALL CACN, 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
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 CACN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER ORNOT 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.
The Website is
controlled and offered by CACN from its facilities in the United States
of America. CACN makes no representations that the CACN Website is
appropriate or available for use in other locations. Those who access or
use the CACN Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
3. Indemnity
You agree to
defend, indemnify and hold harmless CACN, 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 CACN Website; (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 one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the CACN Website.
4. 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 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.
5.
Assignment
These Terms of
Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by CACN without
restriction.
6. General
You agree
that: (i) the CACN Website shall be deemed solely based in California;
and (ii) the CACN Website shall be deemed a passive website that does
not give rise to personal jurisdiction over CACN, either specific or
general, in jurisdictions other than California. These Terms of Service
shall be governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Any
claim or dispute between you and CACN that arises in whole or in part
from the CACN Website shall be decided exclusively by a court of
competent jurisdiction located in San Mateo County, California. These
Terms of Service, together with the Privacy Notice at http://www.CACN.com/t/privacy
and any other legal notices published by CACN on the Website, shall
constitute the entire agreement between you and CACN concerning the CACN
Website. 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 CACN's failure to
assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. CACN 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 CACN Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms.
YOU AND CACN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE CACN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
