The primary focus of On2In2™ is the sharing of fun things to see and do, and reading umpteen legal terms, conditions and policies is never fun (nor fun to write up!). All games, however, must have rules to keep things fair & square, and a strong foundation of purposeful user policies is essential in assuring the best On2In2™ experience. We tried to make it short and simple, but there’s a lot of ground to cover. So, here goes.
Please read the “Rules of the Game” below (also sometimes referred to as “rules” or “Rules”), and understand that your accessing, visiting, browsing, viewing, or use of any services provided on the on2in2.com website (“On2In2™ Services”), directly online, through mobile applications, or in any other manner, and whether as a visitor, registered user or otherwise, is conditioned upon your acceptance of and compliance with all the terms and conditions of service as stated in the Rules. IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, DON’T USE THE ON2IN2.COM WEBSITE.
On2In2™ Services are made available by Zeester Media LLC, a Delaware limited liability company, owner and operator of on2in2.com. Zeester Media LLC and On2In2™ are referred to in the Rules simply as “on2in2”, “we”, “our” and/or “us”, and at times “on2in2.com” when referring specifically to the website. On2In2™ Services are sometimes referred to as “on2in2 Services” and/or “services’.
If you have any questions or comments about any of the policies or terms and conditions of service as specified in the Rules, please contact Zeester Media LLC.
RULES OF THE GAME
Legal Information & Notices
- Using on2in2 Services
a. Acceptable Use. You must be legally permitted to enter into a binding contract in order to use on2in2 Services, or if underage (in most jurisdictions under the age of 18), express permission from your parent or guardian is required. Your access, viewing and/or use of on2in2 Services as well as any content or materials uploaded, downloaded or appearing on the on2in2 Services (including text, information, photos, video, graphics and links) must be in compliance with the policies, terms and conditions stated here in these “Rules of the Game” (the “Rules”) as well as all applicable local, state, national and international laws, rules and regulations. The on2in2 Services are not available to anyone under the age of 13 years, nor anyone who had a registered user account previously terminated by on2in2.
b. User Account Registration
1) You can register with on2in2 and sign up for special services such as email newsletters by providing basic contact information (name, email address, location). Registration is required in order to post comments and participate in on2in2 discussions, and allows you to set up a personal profile, communicate with other registered users, and join and create groups (people sharing common interests).
2) By registering as an on2in2 user, you represent to us that you meet the “Acceptable Use” requirements and conditions stated above in paragraph 1a, and that you understand and agree to comply with the following:
a) You must not provide false or misleading profile information, nor register more than one user account.
b) The contact information you provide on2in2 must be accurate and kept up-to date.
c) You are not allowed to exploit your on2in2 user services for commercial gain, nor receive any form of compensation (money, complimentary product or service etc.) for promoting products or services within the content of your discussion comments and/or posts.
d) You must be 21 years of age to join any discussion regarding alcoholic beverages.
e) on2in2 registration for advertisers and commercial and/or business entities is by invitation only. (Contact Zeester Media LLC to get information on advertising and marketing opportunities.)
f) User names cannot be offensive, obscene, or harassing, and you cannot use an animated image as a profile picture.
c. User Communications and Interactions. An on2in2 goal is to inspire conversations and connections around shared avocational interests, hobbies, sports and recreational activities, and help you develop the insight and relationships essential for maximum fun. Please keep on2in2 a positive and safe community of users by participating in both online and offline discussions with consideration. Inflammatory talk, name-calling, obscenities, harassment, and insults are prohibited on this website. Do not hassle, harass, pester, game or spam on2in2 users in any way, shape or form.
d. User Account Termination. You may close your user account at any time. We reserve the right to terminate a user’s on2in2 account and/or delete user comments and/or posts, at any time and without notice or liability to you, for any reason, including but not limited to, on2in2 has determined, in its sole discretion, that you have violated any of these Rules, or otherwise acted disrespectfully, disruptively, illegally or inappropriately. Upon termination of your user account, you continue to be bound by the provisions of these Rules.
e. User Submission of Feedback: We welcome your feedback, ideas and suggestions on how to improve on2in2 Services, but you should understand that any user submission of feedback, ideas and/or suggestions by email, online posting, text, letter, fax or any other means of communication, is completely voluntary and gratuitous. By submitting your feedback, ideas and/or suggestions to us, you agree that on2in2 is free to use, disclose and otherwise exploit your submission without any restriction and without compensation to you, and any review or consideration of your submission is at the absolute sole discretion of on2in2.
e. Service Changes. The on2in2 Services will constantly evolve as we attempt to improve and grow; therefore, we reserve the right to change on2in2 Services in any way, including without limitation, add or eliminate features, limit usage or terminate the service, without prior notice.
2. User Content
a. You Are Responsible for the Content of your comments and postings. As an on2in2 user, you may at times be allowed to post content on on2in2.com, including text, clips, photos, video and other material, as well as participate in forum discussions, and direct communications. Therefore, it is important you understand that you are solely responsible for assuring the content you post or transmit: i) is in compliance with all laws, regulations and these Rules, ii) does not violate another person’s publicity rights or right to privacy, and iii) does not infringe on the intellectual property rights, e.g., copyright and trademark, of other creators and content owners (Read below “Policy on Copyright an Trademark” for more information on intellectual property rights).
b. on2in2 Right to Remove. We reserve the right, but are not obligated, to remove any user posts, comments or content from on2in2.com pages, posts and/or forums for any reason and without prior notice or warning.
c. License to on2in2. You retain your rights to any content (e.g., text, clips, photos, video and/or materials) you create and post on the on2in2 website as well as to story ideas and/or content materials you submit to us via any delivery communication method (e.g., online contact form, email, mail), and by posting or submitting to on2in2, you grant on2in2 a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your posting content and submitted materials in any and all media or distribution methods (now known or later developed). You agree this license includes:
1) The on2in2 right to transmit, syndicate, display, broadcast, distribute or publish via on2in2.com, other websites, media and third party services with no compensation paid to you, and to modify, alter, and/or adapt your content, photos, video and/or material to any requirements or limitations of any networks, devices, services or media.
2) The right of all on2in2 users to search, view, use, display, modify, reproduce, re-post, share and distribute any and all content and materials you have made publicly available by your on2in2 posting or submission.
d. You acknowledge and agree that the receipt and review by on2in2 of story ideas and/or content materials submitted by you does not mean the underlying concept or materials are unique or original, and on2in2 may have previously created or may in future independently create something that is substantially similar or identical to your idea, with no obligation or liability to you. Any on2in2 review of your submitted story ideas and/or content materials is at the sole discretion of on2in2, and does not infer or constitute an on2in2 obligation to treat the idea and content materials as confidential nor to distribute in any manner.
e. Following the removal of your posted content (by on2in2 or you), we may retain your content for a commercially reasonable period of time for backup, archival or audit purposes, and other on2in2 users continue the right to search, view, use, display, modify, reproduce, re-post, share and distribute.
3) Zeester Media LLC does not take responsibility for user content as we do not actively monitor, control or censor (except in certain limited circumstances as described in these Rules). Any use of or reliance on user content or materials posted or obtained by you from on2in2.com or through the on2in2 Services is at your own risk.
3. on2in2 Content
a. on2in2 Rights. All right, title and interest in and to on2in2 Services and content (excluding content provided by users) are and will remain the exclusive property of Zeester Media LLC and its licensors, and are protected by copyright and trademark laws.
b. License to Users. Subject to the terms and conditions of these Rules and the use restrictions specified in subparagraph 3(c) below, we grant you a non-exclusive license to use the on2in2 Services, including accessing and viewing on2in2 content for your personal, noncommercial use. This user license may be terminated by on2in2 for any reason, or no reason, without notice. We reserve all other rights, and no other rights are granted to you.
c. Use Restrictions. You agree:
1) not to use, reproduce, distribute, sell, license or exploit in any manner on2in2 content (in whole or in part) without our express, written permission; and
2) not to use the On2In2™ name, brand, trademark, logo, and/or domain name, or otherwise exploit the On2In2™ brand and its distinctive features.
4. Privacy and Security. The on2in2 Services are designed to provide entertaining, informative social networking throughout the world. This involves public sharing of information, user interaction and communication, and our collection of user information and data to measure and evaluate usage of the on2in2 Services as well as messaging directly to you regarding customer service, administration and marketing announcements. You understand that by using on2in2 Services, you consent to the collection, transfer, manipulation, processing, storage, disclosure and other uses of your personally identifiable information and aggregate data in the United States (regardless of your location or country of residence) and outside the United States pursuant to the policies and practices described here in this Section 4 of the Rules. (Note: Privacy laws are not uniform among various governmental jurisdictions; therefore, the transferring, processing, and storage of your personal information may involve computers located outside your state, province or country where the privacy laws may not be as protective as in the jurisdiction of your residence.)
a. Our Information Collection, Use, Sharing and Disclosure. We collect both personal and non-identifying information from i) the user information (e.g. name, gender, age, location, photo) and contact information (e.g., email address, phone number) you voluntarily provide on2in2 upon account registration, email notification sign up, and within your personal profile page, ii) messages, content and email addresses you choose to post online or communicate to us offline, and iii) technical tools (e.g. “cookies” and “log data”) which collect usage data when you browse or use on2in2 Services.
1) User Account and Profile Information. Most of the basic information you provide upon registration as an on2in2 account user will not be publicly listed on the on2in2 Services unless you decide to publicly share it (an exception is the unique user name you designate for on2in2 identifying purposes). The information you provide in creating your profile page is voluntary and will be publicly listed on the on2in2 Services. In addition, we may use the contact information (e.g. email address, cell phone number) you provide to communicate user service and administrative messages and to send you newsletters, marketing or promotional materials. It is, therefore, recommended you thoughtfully consider the level of disclosure and interaction you wish to engage before selecting communication preference settings and signing up for email notices, and refrain from providing personal information within your profile you consider confidential. Tools are provided to allow all on2in2 users to update, modify or delete their account and profile information as well as “unsubscribe” from on2in2 marketing and promotional related messaging and permanently deactivate an account.
2) Your Communications and Posts. The information you provide within your on2in2 profile, posts, messages, and chats will be publicly and quickly circulated. Therefore, we suggest you use restraint when providing personal information in your profile, posts and in both your online and offline communications and activities and avoid disclosing information you consider sensitive or confidential.
3) Aggregate and Non-Identifying Information. Some of the information we collect is non-identifying because it cannot reasonably be used to identify or contact you (e.g. age, viewing preferences), and we may combine the non-identifying information of on2in2 users, all for purposes of service and usage analysis. You understand we may share or disclose to third parties any non-private, non-identifying or non-personal information you have provided or shared as part of your user registration, profile page, or use of on2in2 Services as well as aggregated information that does not contain your personal information.
4) Location and Mobile Software. Mobile application software allows users to access and use on2in2 Services from mobile devices, and provides a location identifier option. We may receive information about your mobile device (e.g. model, software, carrier) during periods of service disruption or software crashes in order to fix technical problems and improve mobile service.
5) Log Data. Our servers will automatically record information sent from your browser (called “log data”) when you access and/or view on2in2 Services, whether as a registered user or visitor, including browser type, pages visited, referring domain, search terms, access times and dates, interactions with advertisements, and other statistical usage information. We use the log data to analyze on2in2 Services functionalities and user interests in the development of improved service capabilities.
6) Cookies. We also may utilize “cookies” technology to collect usage information in support of greater efficiency and personalization of on2in2 Services presentation and functionality. A cookie is a small data file that is transferred to your computer or mobile device hard disk, and many online services use it to save login information for user authentication and monitor things like aggregate usage, user website activity, and web traffic routing. Most browsers automatically accept cookies, but you can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit by changing the options in your browser settings. (Note: If you do not accept cookies, you may not be able to fully utilize certain website service functions.)
7) Links to Other Sites. The on2in2 Services may contain links to other third-party websites, online resources and retailers. If you choose to visit a third-party link, you will be directed to that third party’s website or online service, and we may monitor and share information on user interaction with links (e.g. the number of clicks for a specific link). The appearance of a third-party link within on2in2 Services does not imply our endorsement of that third-party, its website, content, product or services, nor is it an endorsement of the third-party’s security, privacy and/or business conduct policies and practices. In fact, other websites and online services may adopt different practices regarding the collection, use and disclosure of personal and non-identifying information. We, therefore, recommend that you read the terms of service and privacy policies of any website or online and mobile service you visit before using the service or providing information. (Read also “Third Party Links, Sites and Services” below)
8) Third Party Service Providers. We contract with third party companies and individuals for a variety of services, including website hosting, maintenance, data management, consulting and analytics. These third parties may collect information sent by your browser (e.g. cookies) and have access to the information collected by on2in2 for the purpose of performing these services, and are obligated (by law and/or contract) not to disclose or use the information for any other purpose.
9) Legal and Policy Compliance. We can retain and/or disclose any information (personal and non-identifying) to government or law enforcement officials and private parties as we deem appropriate, in our sole discretion, to comply with a law, regulation, legal process or court order, to protect the rights, safety or security of any person, to prevent or stop activity which may be considered illegal, unethical, legally actionable, or in violation of the Rules, or to protect the rights or property of Zeester Media LLC.
10) Business Transfers. In the event of a corporate divesture, merger, asset sale, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any similar transaction or proceeding, Zeester Media LLC may sell, divest, transfer, assign, or share all the information collected as described in this paragraph 4.
b. Security Protective Measures
1) While we respect your privacy and strive to make on2in2 Services safe and secure for every user by implementing protective measures, we cannot promise you such measures will not at some time be compromised. You understand and acknowledge that we cannot guarantee your privacy and the security of all information, and the information you provide through on2in2 Services (e.g., postings, comments, user profile information) is at your own risk.
2) User Precautions. There are things you can do as safeguards when using websites and social media that can limit the damages caused by security breaches and cybercrimes. Here are some suggestions:
a) Refrain from providing any information you consider confidential or sensitive, and consider the options offered regarding privacy settings and unsubscribing.
b) Do not share specific details about your personal life in posts and other communications, such as your home address, work or vacation schedules, pictures of your home or possessions. Instead, keep the information more generic and non-specific as to date, time, place and who/what/where/when.
c) Respect another on2in2 user’s request concerning privacy and communications.
d) Safeguard your password. Be smart in creating a password that is not easily cracked by making it unique and using a combination of letters, numbers and symbols. Experts also advise that you periodically change your passwords.
e) Pay attention to all your online account activities and be alert to identify theft deceptions and frauds such as “phishing” (emails and telephone calls) which are unsolicited communications appearing to be from legitimate businesses and organizations (such as on2in2, your bank or government agency) and request sensitive information (e.g. passwords, login and account verification information, credit card, bank, ID card numbers). Do not be fooled by these tricksters, and if you see something suspicious or that just doesn’t look right, sound the alarm (if it involves on2in2 users, please let us know). Report the incident to local law enforcement. (Note: In the United States, crimes can be reported online via the “Internet Crime Complaint Center” website http://www.ic3.gov/default.aspx )
3) Security Breach Notifications. You will be notified by email or an on2in2 posting of a breach of the security or integrity of stored personal information as required by law and consistent with the investigative requirements of law enforcement and/or system security restoration efforts.
4) Children’s Information. The on2in2 Services are not aimed at children, and not recommended for anyone under the age of 18 years. Any content or forum discussions and/or activities relating to the consumption of alcoholic beverages are not suitable for people under the age of 21 years. If you become aware that your child has provided us with personal information without your consent or is underage and participating in and/or viewing inappropriate discussions or content, please contact us. If we discover underage or inappropriate sharing or activities, we will take steps to remove the child’s personal information and terminate the user account. However, please understand that we do not have the resources, ability or authority to actively monitor and control all user conduct and/or viewing of website content, and under no circumstances can we take responsibility for underage or inappropriate use of on2in2 Services.
5) Privacy and Security Policy Changes. These on2in2 privacy and security policies and practices may be modified from time to time in our sole discretion, and the most current version will govern our handling of privacy and security issues.
5. Policy on Copyright and Trademark
Although technology has made it easy to access and quickly distribute a large and varied amount of information, visual art and music, intellectual property laws apply to the internet as with any other media, and the rights of creators and content owners must be respected. Therefore, you should be informed about copyright and trademark protections, and you must consider a creator’s or content owner’s rights before posting or transmitting a copyrighted work or trademark. We reserve the right, but are not obligated, to remove any user content from on2in2.com that we believe may violate intellectual property law.
a. Copyright. The general rule is—–any original work (text, photo, video or music) is protected by copyright law, and this means you cannot reproduce, post, distribute or transmit an original work (whether found online or offline) without permission from the copyright owner. Giving credit or a “thank you” to the copyright owner is not a substitute for permission; you must obtain the copyright owner’s authorization. Some copyright owner’s provide “copyright-free” (CC0) materials or allow you to reproduce, re-post or share their work under a Creative Commons License (CC), but there are six types of CC licenses and different limitations and conditions apply. Always read the terms and conditions which accompany materials to determine whether your intended use is permitted. Learn more from these sources:
Social Media Guidelines for posting: Copyright 101 (Colorado State University)
Creative Commons: Six Types of CC Licenses
Teaching Copyright: Public Domain FAQ
b. Trademark. Similarly, permission is required to reproduce a trademark, which is a word, phrase, symbol, design or logo that distinctly identifies a product or services, and is designated by symbols (™, ℠, or ®).
c. Reporting an Infringement. Reproducing copyrighted work or a trademark without the owner’s permission is known as infringement. Upon receipt of a properly provided notice of an alleged copyright or trademark infringement, on2in2 will take whatever action we consider appropriate, including the removal, without prior notice, of the challenged material and termination of the user’s account.
1) Copyright Infringement Notice. If you are a copyright owner, or authorized to act on behalf the owner, please report the alleged copyright infringement taking place on our website by delivering to the on2in2 Copyright Agent a notice with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) 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 us to locate the material; (iii) your contact information, including mailing address, telephone number, and an email address; (iv) the following statements “: ”I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and (vi) full name and a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner. Notices must be delivered to the following: Zeester Media LLC, Attn: Copyright Agent, 1675 South State St, Suite B, Dover, Delaware 19901 [email: email@example.com].
2) Trademark Infringement Notice. If you believe someone is using your trademark in an infringing way within the pages of on2in2.com, please notify us by providing a notice via email (firstname.lastname@example.org) which includes the following information: (i) identify the trademark (exact description of the symbol or word); (ii) the alleged infringer’s user name and factual details of the infringement; (iii) trademark registration number and name of registration agency; (iv) your contact information, including mailing address, telephone number and an email address; (v) the following statements: “I hereby state that I have not authorized the use of the trademark identified in this notice and I have a good faith belief that the challenged use violates my rights as the trademark owner” and “I hereby state under penalty of perjury that all of the information in this notice is accurate and that I am the owner of the trademark identified or authorized to act on behalf of the trademark owner; and (vii) full name and a physical or electronic signature of the trademark owner, or representative authorized to act on behalf of the owner.
6. Third Party Links, Sites and Services
We occasionally include within on2in2.com links to other websites and use “affiliate” links that may compensate us should you purchase a product or service directly via the link (an example of an “affiliate” link, is your purchase directly from an Amazon link included within an on2in2 post). You acknowledge and agree that Zeester Media LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to other websites or resources, including “affiliate” links do not imply any endorsement by Zeester Media LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Void Where Prohibited
on2in2.com is administered and operated by Zeester Media LLC from offices located within the USA, and although the website is accessible worldwide, not all on2in2 Services, features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Zeester Media LLC reserves the right to limit, in its sole discretion, the use of any on2in2.com feature, product or service to any person or geographic area. Any offer for any feature, product or service made via on2in2.com is void where prohibited. If you choose to access on2in2.com from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
8. Updates/Revisions of Rules
We think we thought of just about everything, but things change quickly in our world. Consequently, updates to the Rules will be needed periodically to address the evolution of digital media and on2in2. We, therefore, reserve the right to revise any of the Rules from time to tim, and you agree to be bound by revised Rules by continuing to access the on2in2 services after the revisions have become effective.
ON2IN2 SERVICES ARE DELIVERED TO YOU ON AN “AS IS” and “AS AVAILABLE” BASIS.
ZEESTER MEDIA LLC DOES NOT PROMISE THAT ON2IN.COM OR ANY OF ITS CONTENT, SERVICES OR FEATURES WILL BE FREE OF ERROR OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED WITHIN ON2IN2.COM IS SUBJECT TO CHANGE WITHOUT NOTICE. ZEESTER MEDIA LLC CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM ON2IN2.COM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZEESTER MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZEESTER MEDIA LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS AND THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF ON2IN2.COM AND/OR ANY ON2IN2 SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF ON2IN2 SERVICES AND USE OF ANY LINKED SITES OR ADVERTISING. YOUR SOLE REMEDY AGAINST ZEESTER MEDIA LLC FOR DISSATISFACTION WITH ON2IN2.COM, ITS SERVICES OR ITS CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH SERVICES OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Zeester Media LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to on2in2.com, or any portion of the website, for any reason; (2) to modify or change on2in2.com, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of on2in2.com, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEESTER MEDIA LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ZEESTER MEDIA LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If, notwithstanding the provisions of these Rules, Zeester Media LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of on2in2.com or any on2in2 Services, Zeester Media LLC liability shall not exceed the greater of (1) the total of any subscription or similar fees with respect to on2in2 Services paid in the six months prior to the date of the initial claim made against Zeester Media LLC, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Zeester Media LLC, its officers, directors, partners, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Zeester Media LLC by any third party due to or arising out of or in connection with your use of on2in2.com or on2in2 Services.
12. Waiver and Severability
The failure of Zeester Media LLC to enforce any right or provision of these Rules, will not be deemed a waiver of such right or provision. In the event that any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13. Controlling Law and Jurisdiction
The Rules stated and any action related to the terms of service provided within the Rules will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the on2in2 Services will be brought solely in Travis County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Rules on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Rules and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).
14. Entire Agreement/Other
The Rules as stated here are the entire agreement between Zeester Media LLC and you regarding on2in2 Services (excluding any services for which you have a separate agreement with us that is explicitly in addition to or in place of these provisions), and supersede and replace any prior agreements between Zeester Media LLC and you regarding the on2in2 Services.
Updated with revisions effective: January 22, 2017