Introduction
This online service is provided by documentarystorm.com (“documentarystorm.com”) to the person using the Service (“You” or “Your”) pursuant to these Terms of Use (the “Terms”) and any operating rules or policies that may be published from time to time by documentarystorm.com.
Binding Nature
These Terms are a binding agreement. By accessing or using the Internet site located at www.documentarystorm.com and any other Internet site operated by documentarystorm.com for third parties (the “Site”) or any services provided to You in connection with the Site (the “Service”), You agree to abide by these Terms of Use (“Terms”), as they may be amended by documentarystorm.com from time to time in its sole discretion. Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICE.
Electronic Notices
By using this Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Modifications and Amendments
documentarystorm.com reserves the right to modify or discontinue, temporarily or permanently, any part of the Site or the Service for any reason, at its sole discretion, with or without notice to You. documentarystorm.com likewise may change the terms and conditions of the Terms from time to time with or without notice to You. You agree to review the Terms periodically to ensure that You are aware of any modifications. Your continued access or use of the Site after the modifications have become effective shall be deemed Your conclusive acceptance of the modified Terms.
Copyright Claims
All videos and documentaries featured on DocumentaryStorm are not hosted on our own servers or uploaded by us, but are embedded from a variety of video hosting servers including, but not limited to, YouTube, The National Film Board of Canada, National Geographic, Vimeo, and others. These documentaries are publicly available, and we do not own or imply ownership of any of the documentaries featured. All documentaries features are assumed to be either in the public domain or to have been uploaded to the hosting provider with the consent of their copyright owners.
If your copyright-protected work was posted on DocumentaryStorm and you would like it removed, please contact us to request its removal. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
Please note that DocumentaryStorm does not actually host video content and a formal copyright infringement notification can be sent to the actual video hosting provider to have it removed from the source.
Your Content and Conduct
- You may submit Content to the Service, including videos and user comments.
- 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 DocumentaryStorm 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.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to DocumentaryStorm, you hereby grant DocumentaryStorm a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and DocumentaryStorm’s (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 media 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. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that DocumentaryStorm may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- 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 DocumentaryStorm all of the license rights granted herein.
- Upon submitting Content via the Submit Form, checking the “Request to Re-Upload” grants DocumentaryStorm permission to upload the film in it’s entirety to YouTube, similar hosting service, or DocumentaryStorm’s own servers. You must be the rightful owner or legally entitled to the Content in order to check this box.
- DocumentaryStorm does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and DocumentaryStorm expressly disclaims any and all liability in connection with Content. DocumentaryStorm does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and DocumentaryStorm will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. DocumentaryStorm reserves the right to remove Content without prior notice.
Privacy
When registering or completing and submitting a profile or application on the Site, You agree to provide current, complete, and accurate information about You. If any information You provide is untrue, inaccurate, not current or incomplete, DocumentaryStorm.com has the right to terminate Your account, not share or provide Your information to any entities providing or sponsoring financial aid, awards or scholarships, and/or decline to provide any and all future use of the Site by You. Please see the Privacy Policy, which is incorporated by reference into these Terms, for the details of our commitment to Your privacy and how your information will be used.
User Name and Password
When registering or completing and submitting a profile or application on the Site, You will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of Your user name and password and for any and all activities that occur under Your password or account. You agree to immediately notify documentarystorm.com of any unauthorized use of Your account, user name or password or any other breach of Site security known to You. You may not use the account, username, or password of someone else at any time. documentarystorm.com shall not be liable for any loss that You incur as a result of someone else using Your user name or password, either with or without Your knowledge. You may be held liable for any losses incurred by documentarystorm.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account, user name or password.
The Site Does Not Provide Medical Advice
The contents of documentarystorm.com, such as text, graphics, images, information contained on the documentarystorm.com Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical training, advice, diagnosis, or treatment. If you think you may have a medical emergency, call your doctor or 911 immediately. documentarystorm.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by documentarystorm.com or its employees, is solely at your own risk.
Warranty Disclaimer
All documentaries featured on DocumentaryStorm are intended to be used for educational purposes only.
While we make every effort to include only documentaries which are factual and impartial, DocumentaryStorm cannot guarantee that the information presented in the documentaries is current, objective or factually correct.
By using our website, visitors of DocumentaryStorm agree to protect, defend, hold harmless, and indemnify DocumentaryStorm, any third party entity related to DocumentaryStorm (including, without limitation, third party vendors and our advertisers), and DocumentaryStorm’s webmasters, attorneys, employees, consultants, contractors, agents, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the visitor’s use of DocumentaryStorm’s website.
documentarystorm.com HEREBY DISCLAIMS ALL WARRANTIES. documentarystorm.com IS PROVIDING THE SITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, documentarystorm.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. documentarystorm.com DOES NOT WARRANT (I) THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICE OR (IV) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. documentarystorm.com disclaims any warranty that the Site and the Service (or any information or software contained therein) are free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. documentarystorm.com assumes no responsibility for the deletion or failure to store or transmit any information provided by You in connection with the Service.
Ownership
The contents of the Site and the Service, including their “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material and the compilation of all such content on the Site are protected under both United States and foreign copyright, patent, trademark, and other laws. Such contents, the Site and the Service and all rights therein are, and shall at all times remain, the sole and exclusive property of documentarystorm.com or its affiliates and/or their respective licensors. The information and materials contained in the Site or the Service may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of documentarystorm.com. The Site and the Service are proprietary and confidential to documentarystorm.com, and You agree to use the Site and Service solely for Your own personal, non-commercial purposes, provided that you do not change or delete any proprietary notices from downloaded or printed materials. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or Service or use of or access to the Site or Service or any information or technology obtained from the Site, or assist or permit any third party to do so. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Site or the content contained therein. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Service or any transaction being conducted on the Site.
Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and regulations, and any rules or policies that may be published from time to time by documentarystorm.com, in Your use of the Site and the Service. The Site and the Service are available only to individuals who are permitted to use them under applicable law. If You do not qualify, You may not use the Site or the Service. You agree to be solely responsible for Your actions and the contents of Your transmissions through the Site and Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity.
Violations
You agree that documentarystorm.com may restrict or terminate Your password, account, or use of the Site or the Service in its sole discretion for any or no reason, without notice and without liability to You or any third party. To ensure that documentarystorm.com provides a high quality experience for You and for other users of the Site and the Service, You agree that documentarystorm.com or its representatives may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. documentarystorm.com does not intend to disclose the existence or occurrence of such an investigation unless permitted or required by law.
Limited Liability
documentarystorm.com’s LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL documentarystorm.COM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY documentarystorm.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort negligence, or any other legal theory or form of action, and includes but is not limited to any liability associated with any viruses which may infect Your computer equipment. Calculators and tools contained on the Site or in the Service provide You with estimates that may be different than actual amounts.
Affiliate Sites and Third-Party Links
On the Site, You will find content, functions, information, and tools, including those provided by third parties that are not the property of documentarystorm.com. On the Site You may also find links that will transfer You to the websites of organizations that can provide You with value-added information and/or functionality. By linking to these websites, documentarystorm.com does not represent or imply that there is any business relationship between the two entities. documentarystorm.com does accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation and may influence the advertising content, topics or posts made. That content, advertising space or post may not always be identified as paid or sponsored content. Even though the owner(s) of documentarystorm.com receives compensation for posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Furthermore, documentarystorm.com strives to keep these links as current and accurate as possible, but it cannot guarantee and expressly does not warrant that such links point to the intended third party site. Links to and from these sites do not constitute an endorsement by documentarystorm.com. documentarystorm.com has no control over and no liability for any third party websites or materials, including those of partners and affiliates whose Internet sites may be linked with the Site. Because neither documentarystorm.com nor the Site have control over the content and performance of these partner and affiliate sites, documentarystorm.com makes no guaranty and does not warrant the accuracy, currency, content, or quality of the information provided by such sites or that such sites are error-free or that Your access will be uninterrupted or that material accessible from the Site is free of viruses. In addition, documentarystorm.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that documentarystorm.com makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern Your use of any and all third party content.
Prohibited Uses
documentarystorm.com imposes certain restrictions on Your permissible use of the Site and the Service. You shall use the Site and the Service only for the purposes authorized by documentarystorm.com. You may not use the Site or the Service in violation of any applicable laws or regulations or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by documentarystorm.com in providing the Site or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
Indemnity
You agree that you are responsible for your behavior in connection with the Site and the Services. You agree to indemnify, defend, and hold harmless documentarystorm.com and its related companies, and their respective directors, officers, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to (i) access to or use of the Site or the Service by You or any other person accessing the Site or the Service using Your user name and password, or (ii) Your violation of these Terms. documentarystorm.com will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.