I, the User, hereby agree and consent to this Video Terms of Use Agreement (“Agreement”)
subject to the terms and conditions described below:
- Agreement. This Agreement specifies the terms and conditions for access to and use of educational videos (the “Videos”) made by Camp PossAbility, Inc, an Indiana non-profit corporation d/b/a PossAbility Unlimited (the “Company”), and describes the terms and conditions applicable to your access of and use of the Videos. Each use and download of the Videos by you shall constitute and be deemed your unconditional acceptance of this Agreement and the terms and conditions hereof.
- Ownership. All content included in the Videos is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Videos is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Videos.
- Intended Audience and Use. The Videos are intended for adults only. The Videos are not intended for any individual under the age of eighteen (18). The Videos may contain nudity and other adult content, and viewer discretion is advised. The Videos will show examples of various spinal cord injury (“SCI”) procedures and skills. The Videos are for educational purposes only and are not a substitute for professional medical advice. The Videos are not intended to provide diagnosis, treatment, or medical advice. Viewers should seek advice from a qualified medical professional or other health care provider if they’re seeking medical advice, diagnoses, or treatment.
- Video Use. The Company grants you a limited, revocable, nonexclusive license to use the Videos solely for your own personal educational use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials from the Video, or use materials, products or services in violation of this Agreement or any applicable law. The use of the Videos is at the discretion of the Company and the Company may terminate your access and use of the Videos at any time. - Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Videos. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Videos.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE VIDEOS, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE VIDEOS AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE VIDEOS.
- Miscellaneous. You agree that the laws of the State of Indiana, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and the Company or its affiliates. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
BY DOWNLOADING AND WATCHING THE VIDEOS, YOU AGREE YOU HAVE FULLY READ THIS AGREEMENT AND UNDERSTAND ITS PROVISIONS. BY CONTINUING YOU HEREBY CONSENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.