Terms and Conditions of Use

IMPORTANT — READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING MIEARTH.ORG.

MIEARTH.ORG IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE WEBSITE AND MAKE AVAILABLE SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING MIEARTH.ORG, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING OR SUBSCRIBING TO MIEARTH.ORG

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the MiEarth.org domain name, the "MiEarth.org Website", or "Website"), you signify your agreement to these terms and conditions.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. MiEarth.org may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MiEarth.org Website

A. The MiEarth.org Website is owned and operated by Detroit Public Television.
B. These Terms of Service apply to all users of the MiEarth.org Website, including users who are also contributors of video content, information, and other materials or services on the Website. The MiEarth.org Website includes all aspects of MiEarth.org, including but not limited to all products, software and services offered via the website and other applications.
C. The MiEarth.org Website may contain links to third party websites that are not owned or controlled by MiEarth.org. MiEarth.org has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MiEarth.org will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MiEarth.org from any and all liability arising from your use of any third-party website.
D. Accordingly, we encourage you to be aware when you leave the MiEarth.org Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. MiEarth.org Accounts

A. In order to access some features of the Website, you will have to create a MiEarth.org account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MiEarth.org immediately of any breach of security or unauthorized use of your account.
B. Although MiEarth.org will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MiEarth.org or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

MiEarth.org hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Videos (defined below), without MiEarth.org's prior written authorization.
B. You agree not to alter or modify any part of the Website, or any of its related technologies.
C. You agree not to access MiEarth.org Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means MiEarth.org may designate.
D. You agree not to use the Website, for any commercial use, without the prior written authorization of MiEarth.org. Prohibited commercial uses include any of the following actions taken without MiEarth.org's express approval: sale of access to the Website or its related services on another website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the MiEarth.org website or any third-party website, targeted to the content of specific User Videos or MiEarth.org content;
E. Prohibited commercial uses do not include: uploading an original video to MiEarth.org, or maintaining an original channel on MiEarth.org. to show MiEarth.org videos on an ad-enabled blog or website, provided the primary purpose of using it is not to gain advertising revenue or compete with MiEarth.org; any use that MiEarth.org expressly authorizes in writing.
F. If you use MiEarth.org on your website, you must include a prominent link back to the MiEarth.org website and you may not modify, build upon, or block any portion in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MiEarth.org servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MiEarth.org grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MiEarth.org reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Videos.
H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
I. MiEarth.org reserves the right to discontinue any aspect of the MiEarth.org Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MiEarth.org Website.
A. The content on the MiEarth.org Website, except all User Videos (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MiEarth.org, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MiEarth.org reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Videos solely: for your information and personal use; as intended through the normal functionality of the MiEarth.org Service; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the MiEarth.org Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. You may access MiEarth.org Content, User Videos and other content only as permitted under this Agreement. MiEarth.org reserves all rights not expressly granted in and to the MiEarth.org Content and the MiEarth.org Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Videos of third parties obtained through the Website for any commercial purposes.
E You agree not to circumvent, disable or otherwise interfere with security-related features of the MiEarth.org Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MiEarth.org Website or the Content therein.
F. You understand that when using the MiEarth.org Website, you will be exposed to User Videos from a variety of sources, and that MiEarth.org is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Videos. You further understand and acknowledge that you may be exposed to User Videos 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 MiEarth.org with respect thereto, and agree to indemnify and hold MiEarth.org, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Videos and Conduct

A. As a MiEarth.org account holder you may submit video content ("User Videos"). You understand that whether or not such User Videos are published, MiEarth.org does not guarantee any confidentiality with respect to any User Videos.
B. You shall be solely responsible for your own User Videos and the consequences of posting or publishing them. In connection with User Videos, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MiEarth.org to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Videos to enable inclusion and use of the User Videos in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Videos. However, by submitting User Videos to MiEarth.org, you hereby grant MiEarth.org a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Videos in connection with the MiEarth.org Website and MiEarth.org's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MiEarth.org Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MiEarth.org Website a non-exclusive license to access your User Videos through the Website, and to use, reproduce, distribute, display and perform such User Videos as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the MiEarth.org Service. You understand and agree, however, that MiEarth.org may retain, but not display, distribute, or perform, server copies of User Videos that have been removed or deleted. The above licenses granted by you in are perpetual and irrevocable.
D. In connection with User Videos, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MiEarth.org all of the license rights granted herein.
E. You further agree that you will not, in connection with User Videos, submit material that is contrary to the MiEarth.org Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. MiEarth.org does not endorse any User Video or any opinion, recommendation, or advice expressed therein, and MiEarth.org expressly disclaims any and all liability in connection with User Videos. MiEarth.org does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MiEarth.org will remove all Content and User Videos if properly notified that such Content or User Video infringes on another's intellectual property rights. MiEarth.org reserves the right to remove Content and User Videos without prior notice.

7. Account Termination Policy

A. MiEarth.org will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. MiEarth.org reserves the right to decide whether Content or a User Video is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MiEarth.org may remove such User Videos and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Video or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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 at a single online site 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 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; and 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.
B. Counter-Notice. If you believe that your User Video that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Video, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Detroit, Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, MiEarth.org may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MiEarth.org's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MIEARTH.ORG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MIEARTH.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MIEARTH.ORG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MIEARTH.ORG WEBSITE. MIEARTH.ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MIEARTH.ORG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MIEARTH.ORG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL MIEARTH.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MIEARTH.ORG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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. YOU SPECIFICALLY ACKNOWLEDGE THAT MIEARTH.ORG SHALL NOT BE LIABLE FOR USER VIDEOS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by MiEarth.org from its facilities in the United States of America. MiEarth.org makes no representations that the MiEarth.org Website is appropriate or available for use in other locations. Those who access or use the MiEarth.org Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless MiEarth.org, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MiEarth.org Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Videos caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MiEarth.org Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MiEarth.org Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MiEarth.org Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MiEarth.org without restriction.

14. General

You agree that: (i) the MiEarth.org Website shall be deemed solely based in Michigan; and (ii) the MiEarth.org Website shall be deemed a passive website that does not give rise to personal jurisdiction over MiEarth.org, either specific or general, in jurisdictions other than Michigan. These Terms of Service shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and MiEarth.org that arises in whole or in part from the MiEarth.org Website shall be decided exclusively by a court of competent jurisdiction located in Oakland County, Michigan. These Terms of Service, and any other legal notices published by MiEarth.org on the Website, shall constitute the entire agreement between you and MiEarth.org concerning the MiEarth.org Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MiEarth.org's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MiEarth.org reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MiEarth.org Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MIEARTH.ORG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MIEARTH.ORG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.