Introduction: Agreement - Terms and Conditions.
Welcome to CatchMyWorld, Inc. ("CatchMyWorld"), a social entertainment community service delivering social contents, pictures and videos as well as live streaming platforms (all as "Media") consisting of websites, services, software applications (mobile or others) and networks that allow for the authorized uploading, streaming and distribution of media content over the internet ("the CatchMyWorld Service").
The CatchMyWorld Service is not available to persons under the age of thirteen (13) or to any Users previously suspended or removed from the CatchMyWorld Service by CatchMyWorld. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE CATCHMYWORLD SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST thirteen (13) YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CATCHMYWORLD SERVICE.
II. Ownership of Materials; Limited License
2.1 The data and materials on the CatchMyWorld Service, except the Produced Content (as defined below, section III.), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the CatchMyWorld Service (collectively, the "Materials") are the intellectual property of CatchMyWorld, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with CatchMyWorld, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to CatchMyWorld or its affiliates and/or third party licensors. Except as expressly authorized by CatchMyWorld, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. CatchMyWorld reserves all rights not expressly granted in and to the CatchMyWorld Service and the Materials.
2.2 Subject to your compliance with the terms and conditions set out in these Terms, CatchMyWorld hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the CatchMyWorld Service for the non-commercial streaming and viewing of authorized contents in accordance with the following categories: Action Sport / Outdoors / Travel / Music-Dance / Wellness / Events / Fashion / Technology ("Categories")
III. Produced Content
3.1 "CMW-Media" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The CatchMyWorld Service provides a system and method for Users to produce and distribute authorized live and prerecorded digital and audiovisual content (the "Audiovisual Content") in a CMW-Media fashion. The CatchMyWorld Service permits its Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "Catcher Content"). Catcher Content, which aggregates Audiovisual Content in a CMW-Media fashion and is distributed via the CatchMyWorld Service (in accordance with the Terms herein) shall sometimes be referred to as "My World".
3.2 You understand that when using the CatchMyWorld Service, you will be exposed to Catcher Content from a variety of sources, and that CatchMyWorld is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Catcher Content or any other content. You further understand and acknowledge that you may be exposed to Catcher Content that is 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 CatchMyWorld with respect thereto. CatchMyWorld does not endorse any Catcher Content or any opinion, recommendation, or advice expressed therein, and CatchMyWorld expressly disclaims any and all liability in connection with the Catcher Content.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CATCHMYWORLD WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD CATCHMYWORLD, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END CATCHER CONTENT AND USE OF THE CATCHMYWORLD SERVICE.
IV. Incorporation by Reference.
V. Changes in Features and Services.
When using the CatchMyWorld Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
VI. Modification of these Terms.
CatchMyWorld reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the CatchMyWorld Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms, will automatically be effective thirty (30) days after they are initially posted on the CatchMyWorld Service. Notifications, including those regarding changes to these Terms, sent by email will be deemed effective twenty-four (24) hours after email is sent, unless CatchMyWorld is notified that the email address is invalid.
We will always make a reasonable effort to notify you if we do change these Terms.
VII. Digital Millennium Copyright Act
Please note that since we respect artist and content owner rights, it is CatchMyWorld's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to CatchMyWorld's DMCA Notification Guidelines. Please note that CatchMyWorld will promptly terminate without notice any User's access to the CatchMyWorld Service if that User is determined by CatchMyWorld to be a "repeat infringer." A repeat infringer is a User who has been notified by CatchMyWorld of infringing activity violations more than twice and/or who has had any user-submitted contents removed from the CatchMyWorld Service more than twice. In addition, CatchMyWorld accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
VIII. Copyright infringement notification
8.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the CatchMyWorld Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of CatchMyWorld that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) 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 CatchMyWorld to locate the material.
(iv) Information reasonably sufficient to permit CatchMyWorld to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
Please address your DMCA related claim(s) electronically to our Legal Service Department:
Any other communications should be directed to our Customer Service Department:
8.2 If you receive notice from CatchMyWorld that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide CatchMyWorld with a counter notification. To be valid, a counter notification must be a written communication provided to CatchMyWorld's Legal Service Department as mentioned in above, section 8.1. Your communication should include substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the San Diego County District, and that you will accept service of process from the Copyright Owner who provided notification as mentioned above, section 8.1, or an agent of such person.
IX. Service License Grant.
9.1 License Grant to Upload/Stream and View CMW-Media (as defined above, section 3.1).
CatchMyWorld allows certain users ("Catchers") to distribute streaming live and pre-recorded videos of their day-to-day activities ("My World").
If you sign up for an account as a Catcher, subject to your compliance with the terms and conditions set out in this Terms of Service, CatchMyWorld hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the CatchMyWorld Service for the uploading and distributing of authorized Audiovisual Content, including on-demand and live videos ("Catcher Content") and viewing of authorized CMW-Media solely through the CatchMyWorld Service subject to the license under which such Catcher Content is distributed.
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of CatchMyWorld to protect Catcher Content, CatchMyWorld cannot guarantee that there will be no unauthorized copying or distribution of Catcher Content nor will CatchMyWorld be liable for any copying or usage of the Catcher Content not authorized by CatchMyWorld.
X. Reservation of Rights.
CatchMyWorld reserves all rights not expressly granted in this Terms of Service.
XI. Prevention of Unauthorized Use.
CatchMyWorld reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the CatchMyWorld Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
XII. Registration, Accounts and Passwords
When you use the CatchMyWorld Service to upload and/or download CMW-Media (as defined above, section 3.1) or purchase any products or services from CatchMyWorld, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to CatchMyWorld on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You agree to notify CatchMyWorld of any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers. You may be liable for the losses incurred by CatchMyWorld or others due to any unauthorized use of your CatchMyWorld Service account. Without limiting anything in this Agreement, CatchMyWorld will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
XIII. Third-Party Websites, Links and Products and Services
The CatchMyWorld Service may include links or references to other websites or services solely as a convenience to Users ("Pro Sites"). CatchMyWorld does not endorse any such Pro Sites or the information, materials, products, or services contained on or accessible through Pro Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CatchMyWorld Service are solely between you and such advertiser. Access and use of Pro Sites, including the information, materials, products, and services on or available through Pro Sites is solely at your own risk.
XIV. Catcher Content License Grant; Representations and Warranties.
14.1 License Grant to CatchMyWorld.
Unless otherwise agreed to in a written agreement between you and CatchMyWorld that was signed by an authorized representative of CatchMyWorld:
a) By distributing or disseminating Catcher Content through the CatchMyWorld Service, you hereby grant to CatchMyWorld a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Catcher Content, in any media formats and through any media channels, in order to publish and promote such Catcher Content in connection with services offered or to be offered by CatchMyWorld. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 14.2, below, the foregoing license granted by you terminates as to a specific piece of Catcher Content once you remove or delete such Catcher Content from the CatchMyWorld Service.
14.2 License Grant to other CatchMyWorld users.
By distributing or disseminating Catcher Content through the CatchMyWorld Service, you hereby grant to each User of the CatchMyWorld Service that is authorized to access your Catcher Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Catcher Content.
14.3 Catcher Content Representations and Warranties.
XV. Prohibited Conduct.
BY USING THE CATCHMYWORLD SERVICE YOU AGREE NOT TO:
15.1 use the CatchMyWorld Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the CatchMyWorld Service as such services are offered by CatchMyWorld;
15.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 17, below);
15.3 post, upload, or distribute any defamatory, libelous, or inaccurate Catcher Content or other content;
15.4 post, upload, or distribute any Catcher Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
15.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the CatchMyWorld Service accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the CatchMyWorld Service, or perform any other similar fraudulent activity;
15.6 delete the copyright or other proprietary rights on the CatchMyWorld Service or Catcher Content;
15.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the CatchMyWorld Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
15.8 use the CatchMyWorld Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
15.9 defame, harass, abuse, threaten or defraud Users of the CatchMyWorld Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
15.10 use the CatchMyWorld Service if you are under the age of thirteen (13) years old;
15.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the CatchMyWorld Service or Catcher Content, features that prevent or restrict use or copying of any content accessible through the CatchMyWorld Service, or features that enforce limitations on the use of the CatchMyWorld Service or Catcher Content;
15.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CatchMyWorld Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
15.13 modify, adapt, translate or create derivative works based upon the CatchMyWorld Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
15.14 intentionally interfere with or damage operation of the CatchMyWorld Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
15.15 relay email from a third party's mail servers without the permission of that third party;
15.16 use any robot, spider, scraper, or other automated means to access the CatchMyWorld Service for any purpose or bypass any measures CatchMyWorld may use to prevent or restrict access to the CatchMyWorld Service;
15.17 manipulate identifiers in order to disguise the origin of any Catcher Content transmitted through the Service; or
15.18 interfere with or disrupt the CatchMyWorld Service or servers or networks connected to the CatchMyWorld Service, or disobey any requirements, procedures, policies or regulations of networks connected to the CatchMyWorld Service.
XVI. Termination; Terms of Service Violations.
You agree that CatchMyWorld, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with CatchMyWorld or your use of the CatchMyWorld Service and remove and discard all or any part of your account, User profile, and any Catcher Content, at any time. CatchMyWorld may also in its sole discretion and at any time discontinue providing access to the CatchMyWorld Service, or any part thereof, with or without notice. You agree that any termination of your access to the CatchMyWorld Service or any account you may have or portion thereof may be effected without prior notice, and you agree that CatchMyWorld will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CatchMyWorld may have at law or in equity. As discussed herein, CatchMyWorld does not permit copyright infringing activities on the CatchMyWorld Service, and will terminate access to the CatchMyWorld Service, and remove all Catcher Content or other content submitted by any Users who are found to be repeat infringers.
16.3 Catcher Content.
Subject to section 16.2 above, if you notify CatchMyWorld by submitting email to , CatchMyWorld will discontinue prospective hosting and distribution of your Catcher Content.
XVII. Proprietary Rights.
You agree to indemnify, defend and hold harmless CatchMyWorld, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(ii) your use or misuse of or access to the CatchMyWorld Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Catcher Content caused damage to a third party.
CatchMyWorld reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CatchMyWorld, and you agree to cooperate with CatchMyWorld's defense of these claims.
XIX. Disclaimers; No Warranties.
CATCHMYWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE CATCHMYWORLD SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE CATCHMYWORLD SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE CATCHMYWORLD SERVICE; AND (VI) OTHER WARRANTIES RELAT ING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF CATCHMYWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, CATCHMYWORLD MAKES NO WARRANTY THAT THE CATCHMYWORLD SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE CATCHMYWORLD SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATCHMYWORLD OR THROUGH THE CATCHMYWORLD SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CATCHMYWORLD SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CATCHMYWORLD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 19, THE TERM CATCHMYWORLD INCLUDES CATCHMYWORLD's OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
19.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE CATCHMYWORLD SERVICE IS AT YOUR SOLE RISK. THE CATCHMYWORLD SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING CATCHER CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CATCHMYWORLD SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
19.3 Service Operation
CATCHMYWORLD, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CATCHMYWORLD SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
CATCHMYWORLD, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CATCHMYWORLD SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
19.5 Uploaded Content.
THE SECURITY MEASURES TO PROTECT CATCHER CONTENT USED BY CATCHMYWORLD HEREIN ARE USED IN CONJUNCTION WITH THE CATCHER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
XX. Limitation of Liability and Damages.
IN NO EVENT WILL CATCHMYWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CATCHMYWORLD SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) OR PUNITIVE DAMAGES ARISING OUT OF: (I) OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING CATCHER CONTENT) ON THE CATCHMYWORLD PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH CATCHMYWORLD, EVEN IF CATCHMYWORLD OR A CATCHMYWORLD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THIS CATCHMYWORLD SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS CATCHMYWORLD SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE CATCHMYWORLD SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CATCHMYWORLD SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CATCHMYWORLD SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL CATCHMYWORLD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CATCHMYWORLD SERVICE OR YOUR INTERACTION WITH OTHER CATCHMYWORLD SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO CATCHMYWORLD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
CATCHMYWORLD RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE CATCHMYWORLD SERVICE OR THE CONTENT ON THE CATCHMYWORLD SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CATCHMYWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN CATCHMYWORLD AND RECEIVED THROUGH OR ADVERTISED ON THE CATCHMYWORLD SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CATCHMYWORLD SHALL NOT BE LIABLE FOR CATCHER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FR OM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ALSO ACKNOWLEDGE AND AGREE THAT CATCHMYWORLD HAS OFFERED ITS PRODUCTS AND SERVICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CATCHMYWORLD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CATCHMYWORLD. CATCHMYWORLD WOULD NOT BE ABLE TO PROVIDE THE CATCHMYWORLD PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, CATCHMYWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
XXI. Release for disputes between users.
CatchMyWorld does not control the actions of its Users. If you have a dispute with one or more Users, you release CatchMyWorld (and CatchMyWorld's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
XXII. Choice of Law and Forum
XXIV. Waiver and Severability
XXV. United States Export Controls.
XXVI. Waiver of provision.
The failure of CatchMyWorld to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CatchMyWorld.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
XXVIII. Entire Agreement & Disclosures.
This is the entire agreement between you and CatchMyWorld relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or made by CatchMyWorld as set forth in section VI above.
Note that the heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Services are offered by CatchMyWorld, Inc.
XXIX. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections II, VII, IX-XIII, XV, XVI, XVIII, XIX, XX, XXIV-XXIX.
Digital Millennium Copyright Act Notification Guidelines
Notification of Infringement
It is our corporate policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our websites (www.catchmyworld.com / www.catchmyworld.org) or mobile applications infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CatchMyWorld's Designated Copyright Agent (firstname.lastname@example.org) with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the CatchMyWorld website are covered by a single notification, a representative list of such works at that site.
- 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 CatchMyWorld to locate the material.
- Information reasonably sufficient to permit CatchMyWorld to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
In case you decide to send us a counter notice, it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements) in order to be effective and receivable:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the Judicial District in which the address is located, or if your address is outside of the United States, for any Judicial District in which CatchMyWorld may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of 17 U.S.C. Section 512 or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
CatchMyWorld's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached at . For clarity, only DMCA notices should go to the CatchMyWorld's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to CatchMyWorld's customer service through . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.