Thank you for your interest in using the website service (the "Website") operated by 5min Ltd. ("5min"). These Terms of Service ("Terms") govern your use of the Website, your use of any software that 5min makes available to users of the Website (the "Software"), and your use of the 5min Web site located at http://www.5minMedia.com (the "Site"). In these Terms, the Website, the Software, and the Site are collectively referred to as "5min". Please read these Terms carefully. By using 5min, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the 5min.
5min publishes video, audio, articles or other content from current and past authors. We are publishers and editors, you should assume we have not authored or checked the information independently. The information represents the opinions of the users. It is for research and informational purposes only. Contents may not be accurate, complete, or up to date. Publication of Contents is not our endorsement of the creator, his or her Contents, or of any method or treatment discussed in the Contents. 5min has not verified the identity of the author, whether the author is licensed, where he or she is licensed, the scope of his or her license, or similar matters. We may from time-to-time provide a video-viewer or other software or functionality by or through the website. THIS SOFTWARE OR OTHER FUNCTIONALITY IS NOT WARRANTEED. Particularly, since operation and functionality depend on factors such as the type of hardware, software, or network User is using, there is a possibility that it not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of contents of your computer; 5min is not liable for any such problem. We reserve the right to change the software or functionality at any time. Please read our disclaimers and limitations of liability below. User shall not (or permit another Person to) reverse engineer, disassemble, de-compile or otherwise seek to discover or derive the source code, proprietary logic, design or structure of the Content. If you embed or otherwise distribute any software or Contents you must have a license with each end-user. Some of the material may have been edited or otherwise modified by 5min. To the extent permitted by applicable law, 5min claims its patent, copyright, trademark, publicity, and any other intellectual property rights in its web sites and all videos, information, software, data, or other contents of any kind on or interlinked with a 5min web site ("Contents"). All rights are reserved.
5min may enable you to submit your videos or other personal media content to 5min for hosting, display, and distribution to other users of 5min (collectively, "Submissions"). You grant to 5min and 5min’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. 5min reserves the right to display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes. 5min is not required to host, display, or distribute any Submissions, and may remove at any time or refuse any Submissions. 5min is not responsible for any loss, theft or damage of any kind to any Submissions.
You represent and warrant that:
(a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to 5min the rights in your Submissions described herein;
(b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
(c) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Submissions to grant the rights to 5min described herein;
(d) you will make such permissions available to 5min upon request; and
(e) your Submissions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available upon the request of 5min.
By submitting the Submissions to 5min, you hereby grant 5min a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the 5min Website and 5min (and its successor's) business, including without limitation for promoting and redistributing part or all of the 5min Website (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete a Submission from the 5min Website. To have your Submission removed, please contact email@example.com 5min may enable you to cut and paste code (e.g., HTML) for the purpose of embedding Submissions on your own personal websites or web pages. You agree that you will not:
(a) modify or cause to be modified such code;
(b) modify or cause to be modified the display of any Submission; or
(c) use such code or any Submission for any commercial purpose.
5min hereby grants you a non-exclusive, non-transferable, world-wide, royalty-free license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Submissions of other users of 5min (or any portions or derivative works thereof) in any manner, in any medium, solely for non-commercial purposes.
5min respects the intellectual property rights of others. Accordingly, 5min has a policy of removing Submissions that violate copyright law, and/or terminating in appropriate circumstances the account of any user who uses 5min in violation of copyright law. If you believe your copyright is being infringed by a user of 5min, please mail us at firstname.lastname@example.org , under the subject: "Notice of Copyright Violation", and describe your claims of copyright infringement.
Contents may not be used for any illegal purpose. You may not access our networks, computers, or Contents in any manner that could damage, disable, overburden, or impair them, or interfere with any other Person's use and enjoyment. You may not attempt to gain unauthorized access to any Contents, other accounts, computer systems, or networks connected with our sites or Contents.
All Contents, (including the information relating to medical, financial, construction, or other activities that could result in damage, injury, or death) is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. It is general advice, is not intended to be relied upon for investment, trade, or other business transactions, and is not intended to offer a solution to a specific problem. 5min does not recommend the self-management of health problems or duplication of any activity or process described in the Contents. You should never disregard professional advice or delay in seeking advice because of something in the Contents and you should not use the Contents for diagnosing a health or other problem or prescribing a medication. Information and statements regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
The User assumes any and all risk of damage, injury, or death, from use of the Contents. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the Contents.
The Contents are licensed only for the personal, household, educational use by a single individual. An individual's non-commercial reuse or redistribution of any portion of the Contents that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. No commercial use or redistribution of any Contents is permitted. Any hyperlink or other re-display of the information on another web site must display the 5min Contents full-screen and not within a "frame" on the linked or other website.
The Contents may link you to other web sites or information, software, data, or other contents on or off the internet, including through click-through or other advertising, or through featured or sponsored sites. However, 5min has not reviewed the contents that may be linked and is not responsible for the content. Your linking to any other pages on other sites is at your own risk. Please remember that such sites are not 5min sites and the content on such sites could change without 5min's knowledge. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to 5min. 5min has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor does 5min endorse or support them. 5min does not warrant, nor is it in any way responsible for, information, software, data, privacy policies, or other contents that are outside of 5min's control.
Each User will indemnify and hold harmless the 5min Entities against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by User with the terms and conditions hereof; (b) any third-party actions related to or arising from User's receipt or use of the Contents, whether authorized or unauthorized under the Agreement.
The parties agree that any notices of Dispute or other communications addressed to 5min will be sent by Certified or Registered Mail, return receipt requested to the below address, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign. Digital Millennium Copyright Act ("DMCA") Notice and Procedure Pursuant to Title 17, United States Code, Section 512(c)(2) (or similar laws), notifications of claimed copyright infringement or other violation of law should be sent to the address and by the procedure for notices set forth below.
THE CONTENTS ARE "AS IS" AND "WITH ALL FAULTS". TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, NON-INFRINGEMENT, OR OF VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, 5MIN, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY 5MIN (COLLECTIVELY, THE "5MIN ENTITIES"), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS IN EXCESS OF US$5.00. THE ABOVE LIMITATION SHALL NOT APPLY TO THE EXTENT CAUSED BY THE WILLFUL TORTUOUS MISCONDUCT OR GROSS NEGLIGENCE OF 5MIN.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE 5MIN ENTITIES, REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS FOR INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
The last three sections are intended to be independent of each other and the failure of essential purpose of any portion of any of them shall not affect any other clause or limitation.
Some states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitation may not apply to you or there may be state provisions which supersede the above.
A party shall be excused from performing its obligations in this Agreement if prevented or hindered from doing so by acts of God, floods, earthquakes, war, acts of the public enemy, riots, acts of military authorities, labor disputes, strikes, fires, embargoes, unavailability of power or communications facilities, or from circumstances beyond its reasonable control.
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Israel, without giving effect to its conflicts of laws provisions or principles.
The terms and provisions contained in this Agreement constitute the complete, final, and entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, warranties, understandings, and representations, written or oral, between the parties as to the subject matter hereof. No modification or amendment of this Agreement shall be enforceable against a party unless in writing and signed by the party against whom such modification or amendment is sought to be enforced. No failure on the part of a party to exercise, no delay in exercising, and no course of dealing or performance with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or future exercise thereof, or the exercise of any other right, power, or privilege under this Agreement.
User may not assign this Agreement (including by operation of law) without the prior written consent of 5min. Any such attempt to assign shall be null and void. The rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in the Agreement is intended to or shall confer on any Person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of this Agreement.
The captions and headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit or in any other way described the scope of this Agreement or the intent of any provision hereof.
The parties agree that if any part, term, or provision of this Agreement is held illegal or invalid, the validity of the remaining portions or provisions (or the applicability of the provision to other Persons or in other circumstances) shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
The terms of this Agreement apply to any, receipt, use or performance that occurs before any termination, cancellation, or rescission of this Agreement, and to those obligations that arise after any termination, cancellation, or rescission of this Agreement-namely: any terms, conditions or restrictions on receipt, use, or access to the Contents, systems, or networks of 5min, and any indemnification obligations.
5min may alter any term of this Agreement by posting a notice that there is a change in terms on a page containing the Contents. Any use of any 5min web site after the date of such notice is deemed acceptance of the new terms. Manufacturer should be considered 5min, at the below address. You can contact us at:
5min Media 10West 18th Street New York, 10011