FORA.tv Terms of Use
Last Updated:  October 26, 2011

Welcome to FORA.tv!
FORA.tv, Inc. (“FORA.tv”) makes public lectures, fora, symposia and other spoken word and performance events accessible online via our website located at www.fora.tv ("Site") and through other media distribution outlets (the "Services").  The Services include the Select Services (defined below).  Please read the following important terms and conditions ("Terms of Use") carefully.  These Terms of Use govern your access to and use of the Site and Services, including without limitation any content, information or products therein.  This is a legal agreement between you and FORA.tv.  Please see the FORA.tv Privacy Policy for information on our information collection and use practices.
Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
BY ACCESSING OR USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN) OR YOUR ACCOUNT, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.  If you agree to these Terms of Use on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and your agreement to these Terms of Use will be treated as the agreement of the business.  In that event, “you” and “your” will refer and apply to that business.

1. Modification

FORA.tv reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated” date at the top of the home page of the Site.  By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified terms and conditions are not acceptable to you, your only recourse is to cease using the Site and the Services.

1. Content

Certain types of content are made available through or via the Site.  "Content" as used in these Terms of Use means, collectively or individually, any text, data, graphics, images, photos, audio or video files, programming, information and any other content (live or recorded) made available through the Site and Services, excluding User Submissions.  "User Submissions" as used in these Terms of Use means, collectively or individually, any text, data, graphics, images, photos, audio or video files, information and other content that Subscribers post, upload and otherwise transmit to the Site or Service, including without limitation, in discussion groups, message boards and Subscriber-created profile pages.

1. Registration & Eligibility
1. General.  In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a FORA.tv account thereby becoming a "Subscriber".  To become a Subscriber and register with us you must be at least 13 years of age and only Subscribers that are at least 18 years of age or the legal age of majority in the jurisdiction in which they reside may access Select Services as further described in Section 4.

This Site is not directed to children under 13.  If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us.  If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

1. Accuracy of Information Provided.  You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.  You agree to promptly update your FORA.tv account information with any new information that may affect the operation of your FORA.tv account, including but not limited to updating your account information if there is a change in your credit card validity or expiration date related to your Payment Method (defined below).  You authorize FORA.tv, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your FORA.tv account information.  You are responsible for safeguarding and maintaining the confidentiality of your password and corresponding FORA.tv account information and you agree not to disclose your password to any third party.  You agree to immediately notify FORA.tv of any unauthorized use of your username, password or FORA.tv account.  You agree that you shall be solely responsible for any activities or actions under your FORA.tv account, whether or not you have authorized such activities or actions.
1. Fees and Billing
1. General. Access to Memberships, Premium Events and certain Services and Content (the “Select Service”) requires payment of various subscription, and access fees, as well as other fees such as, if applicable, shipping and handling fees, all of which may be updated from time to time (“Service Fee”). The applicable Service Fee for a Select Service will be provided at the point of purchase. For example, you may purchase monthly or annual subscriptions to certain programming or access to single conference programs or Content via streams, download, DVD purchase or other means. All Service Fees are payable in United States dollars and in accordance with the payment terms provided (such as:  in advance, in arrears, auto-renew, or per usage) each time you subscribe to a Select Service.
2. Single Programs and Conference/Event Channels.  Without limiting any other terms of these Terms of Use, if you purchase access to a single view conference program, conference channel or other individual Content items (such as a film), your access will be for a defined period of time, unless otherwise stated at the point of purchase. For instance, if you purchase a "30 day access pass” to a single view conference program or conference channel, you will have 30 days in which to view such programming starting from the date of purchase, unless otherwise stated at the point of purchase.
3. Payment. 
1. You agree to pay FORA.tv all Services Fees at the prices then in effect for access to and use of the Select Services by you or other persons using your FORA.tv account, and you hereby authorize FORA.tv to collect such fees, any applicable tax and any other charges you may incur in connection with your access to or use of the Select Services by charging the credit card you provide to us as part of your FORA.tv account information or otherwise, either directly or indirectly via a third party online payment service, such as PayPal or Apple's iTunes (“Payment Method”).  Sales tax on applicable Select Services will be based on the bill-to address and the sales tax rate in effect at the time your transaction is processed.
2. Any agreement you have with your Payment Method provider will govern your use of your Payment Method. You agree that FORA.tv may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle, as applicable. Without limiting any other terms of these Terms of Use, if for some reason FORA.tv does not receive payment via your Payment Method, you agree to pay all amounts due on your FORA.tv account upon request.  We may periodically authorize your Payment Method in anticipation of subscription or related charges.
3. Unless otherwise set forth at the point of purchase or herein, all monthly Service Fees for the Select Services are billed in advance every 30 days starting from the date the you sign up for the relevant Select Service.  If you select an annual subscription, then the entire Service Fee will be billed in advance on the day you sign up for the Selected Service.
4. No Refunds; Credits are Discretionary.  All Service Fees and charges are nonrefundable and there are no refunds or credits for partially used subscriptions periods or otherwise.  At any time, and for any reason, we may provide a refund or discount or other consideration to Subscribers (“Credits”).  The amount and form of such Credits, and the decision to provide them, are at our sole discretion.  The provision of Credits in one instance does not entitle you or your agents to Credits in the future for similar instances, nor does it obligate FORA.tv to provide Credits in the future, under any circumstance.
5. Auto-renewal.  Select Services for which there is a subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate until you terminate your subscription.  To change or cancel your subscription to a Select Service at any time, go to your "Profile" page and select “Cancel Subscription”.  If you are a FORA.tv Plus member and you cancel your subscription, you will automatically become a FORA.tv Basic member.  If you wish to cancel your membership entirely, send an email to cancel@fora.tv, and we'll confirm that we've deleted the account.
6. Free Trials and Other Promotions. Free trials or other promotions (each a “Promotion”) cannot be combined with any other offer and may be subject to additional terms.  You must have internet access and a valid Payment Method to redeem a Promotion.  Any Promotion that provides subscriber-level access to the Select Services must be used within the time period specified in the additional Promotion terms and for any free trial you must cancel your subscription before the end of the Promotion period in order to avoid being charged the applicable subscription Service Fee.
7. Too Many Sessions. Member access to FORA.tv Premium content is limited to two simultaneous sessions; members cannot access Premium content when concurrently logged in from more than two computing devices.
2. Termination; Cancellation

Without limiting the rights or remedies available to FORA.tv, FORA.tv may at any time terminate these Terms of Use with you or suspend or terminate your FORA.tv account with or without reason or notice to you.  Reasons for such termination or suspension may include but are not limited to: (i) FORA.tv suspects that you have failed to comply with any provision of these Terms of Use or any policies or rules established by FORA.tv; (ii) FORA.tv suspects that your actions may be illegal or cause liability, harm or disruption for you, FORA.tv, other users or the Site or Services; (iii) FORA.tv is required to do so by law; or (iv) FORA.tv ceases to offer the Site or Services.
Subject to Section 4, you may terminate your FORA.tv account at any time and for any reason by contacting us.
Any suspension, termination or cancellation will not affect your obligations to FORA.tv under these Terms of Use (including, without limitation, the rights granted by you to FORA.tv, your payment obligations, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.  After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease.  FORA.tv will not be liable to you or any third party for termination of the Site or Services or termination of your use of either.  UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.  Furthermore, FORA.tv will have no obligation to maintain any information stored in our data centers related to your account or to forward any information to you or any third party. 

1. Third Party Links

The Site may provide links to third party websites or resources from the Site.  You acknowledge and agree that FORA.tv is not responsible or liable for the availability or accuracy of, and FORA.tv does not endorse, such websites or resources or the content, products or services on or 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.

1. Intellectual Property Rights and Ownership
1. Content. You may access and use the Site, Services and Content for your own personal non-commercial use and in accordance with any additional terms and conditions accompanying certain Content at the point of purchase.  Subject to the foregoing sentence and these Terms of Use, you have the right to download content (as offered on the Site), stream such content to a media device and purchase media copies (e.g. DVDs) of such content, all for your personal non-commercial viewing, provided separate terms and conditions are not provided with such content in which case those terms will also apply to your access to and use thereof.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and other than as set forth in this section 7(a) you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Content or User Submissions (other than your User Submissions).  FORA.tv and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions.
2. User Submissions.
1. License Grant. FORA.tv does not claim ownership rights in your User Submissions.  However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to FORA.tv, on the Site or through the Services you hereby grant and agree to grant FORA.tv a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites.  You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to FORA.tv.  FORA.tv shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by FORA.tv, including all worldwide intellectual property rights therein.  You agree to execute and deliver such documents and provide all assistance reasonably requested by FORA.tv to give to FORA.tv the full benefit of the rights granted to FORA.tv by you.
2. Limitations. You acknowledge and agree that FORA.tv may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on FORA.tv’s servers.  FORA.tv shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.  You acknowledge that FORA.tv has no obligation to host any User Submissions or Content and in the exercise of its sole discretion may at anytime refuse to do so.
3. Disclaimer. FORA.tv does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and FORA.tv expressly disclaims any and all liability in connection with User Submissions.  You understand that when using the Site and Services, you will be exposed to User Submissions from a variety of sources, and that FORA.tv is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such User Submissions.  You further understand and acknowledge that you may be exposed to User Submissions that are 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 FORA.tv with respect thereto.
2. Restrictions

As a condition to your access and use of the Site, Content or Services, and in connection to such access or use, you agree not to:

1. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
2. Post, upload and otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret or other intellectual property right or moral right or right of publicity);
3. Use any meta tags or other hidden text or metadata utilizing a FORA.tv name, trademark, URL or product name;
4. Post, upload and otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
5. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
6. Post, upload or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of FORA.tv;
7. Post, upload or otherwise transmit any User Submissions that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
8. Post, upload or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
9. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of FORA.tv’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
10. Attempt to probe, scan or test the vulnerability of any FORA.tv system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
12. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by FORA.tv or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
13. Collect or store personal data about other users without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
15. Violate any applicable law, regulation or ordinance;
16. Use the Site or Services in any manner not permitted by this Agreement; or
17. Encourage or enable any other individual to do any of the foregoing.
1. Enforcement of Terms

FORA.tv reserves the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law.  FORA.tv reserves the right to involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that FORA.tv has no obligation to pre-screen or monitor your access or use of its Site, Content, Services or User Submissions, but has the right to do so for the purpose of operating this Site and Services to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.  You hereby agree that FORA.tv may, in the exercise of FORA.tv’s sole discretion, remove or delete any Content or User Submissions or portions thereof that violate these Terms of Use or that is otherwise objectionable.

1. Copyrighted Materials: No Unauthorized Use

You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.  FORA.tv has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

1. Disclaimer of Warranties

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk.  The Site, Services, Content and User Submissions, and all materials, information, products and services included therein or on which the Content is provided, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.  FORA.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.  FORA.tv disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected.  FORA.tv is not responsible for and does not make any warranties regarding the devices from which the Site, Services, Content and User Submissions are accessed. No advice or information, whether oral or written, obtained by you from FORA.tv, shall create any warranty not expressly stated in this Agreement.  Some states or jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above exclusions may not apply to you.

1. Limitation of Liability

IN NO EVENT SHALL FORA.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT OR USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FORA.TV HAS BEEN 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 AND IN NO EVENT SHALL FORA.TV’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

1. Indemnification

You agree to defend, indemnify, and hold FORA.tv, its officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

1. General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.  The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of FORA.tv and any prohibited assignment will be null and void.  FORA.tv may assign these Terms of Use or any rights hereunder without your consent.  The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee or joint venturer of the other.  These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.  You agree that these Terms of Use and the rules, restrictions and policies contained herein, and FORA.tv’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and FORA.tv.  These Terms of Use together with the rules and policies of FORA.tv constitutes the entire agreement between FORA.tv and you with respect to the subject matter hereof.  Any notice or other communication to be given hereunder will be in writing and given (a) by FORA.tv via email (in each case to the address that you provide), (b) a posting on the Site or (c) by contacting us or to such other addresses as FORA.tv may specify in writing.  The date of receipt shall be deemed the date on which such notice is transmitted.

1. Feedback

Your feedback is welcome and encouraged.  You may submit feedback by contacting us.  You agree, however, that (i) by submitting unsolicited ideas to FORA.tv or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to FORA.tv or any of its employees or representatives automatically become the property of FORA.tv.  You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to FORA.tv together with all intellectual property rights therein.
If you have questions about these Terms of Use or about the Services, please contact FORA.tv or send a written request to Questions Terms of Use, FORA.tv, Inc., 1550 Bryant Street, Suite 305, San Francisco, CA 94103.