Terms and Conditions
Definitions. As used in these Terms:
“ORTVI Platform” means a computer software system or platform called “ORTVI,” wholly owned by ORTVI Corp. and designed for the uploading, publication, and distribution of moving images by the artists who created them.
“Intended Purpose” means the hosting and online distribution of moving images in the format(s) made available by the ORTVI Platform.
Restrictions on Use. Users shall not (a) demonstrate, copy, sell, rent, print, lease, lend, sublicense, distribute, publicly screen, or otherwise transfer or provide access to the ORTVI Platform to any third party; (b) publish or otherwise disclose information to any third party relating to the performance, quality, or capability of the ORTVI Platform; (c) modify, reuse, disassemble, decompile, reverse-engineer, or otherwise translate any software contained within the ORTVI Platform or any portion thereof; (d) create derivative works based on the ORTVI Platform; or (e) delete, alter, cover, or distort any notice of copyright, trademark, or other proprietary rights placed by ORTVI on or in the ORTVI Platform.
Legal Compliance. The User and ORTVI shall each comply with all applicable laws and regulations with respect to the use of the ORTVI Platform. ORTVI may, in its sole discretion, suspend User’s access to the ORTVI Platform for: (i) use of the ORTVI Platform in a way that violates applicable laws and regulations or these Terms; (ii) any instance of posting or uploading material that infringes or is alleged to infringe upon the copyright or trademark rights of any person or entity; or (iii) uploading any material that violates the ORTVI Guidelines.
Intellectual Property. Each User owns and shall retain all right, title, and interest in and to all intellectual property rights embodied in and appertaining to said User’s work uploaded onto the ORTVI Platform.
ORTVI owns and will retain all right, title, and interest in and to all intellectual property relating to the ORTVI Platform, including, without limitation, all such rights in its software and content, together with all improvements, enhancements, developments, derivative works therefrom, and other modifications thereto. As between the User and ORTVI, the User will own and retain all rights to the User’s own materials and previously existing intellectual property, including confidential and proprietary information and data.
Representations and Warranties. ORTVI holds all rights necessary to fulfill its obligations set forth herein and to provide the ORTVI Platform as contemplated by these Terms.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE ORTVI PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ORTVI MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ORTVI PLATFORM, AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations on Liability. To the extent permitted by law, in no event shall either ORTVI or the User be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.