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Terms of Use

TERMS AND CONDITIONS

The following terms and conditions pertain to Uniglobe Entertainment, LLC and its brand The Thrive Channel (collectively referred to herein as “TTC”), which include but are not limited to features, documentaries, movies, shows, websites, blogs, videos, apparel and any and all other such content, product, information, material and/or merchandise that fall under the umbrella of TTC and whether affiliated with, produced by, or distributed through TTC. For the purpose of clarification, these terms apply to TTC content and product, hosted on this site as well as any other sites or platforms where TTC content and product may be distributed, shared, hosted, generated or embedded.

Use of this website, and the information and materials distributed in conjunction with TTC, is made available to you only through your acceptance of these Terms of Use, our Privacy Policy and such other notices that may be posted on this website from time to time (collectively referred to herein as the “Terms of Use”).

Your use of this website or of any content presented herein indicates your acknowledgment of, and agreement, to our Terms of Use. If you are not willing to be bound by and comply with all of the foregoing, you may not access or use any TTC content including this website or any of its content.

TTC shall have the right, at its sole discretion, to modify, add or remove any term or condition contained herein without notice or liability to you or any other person. Any changes to these Terms of Use shall be effective immediately following the posting of such changes.

If you do not accept these terms and conditions, do not use the site or other TTC content, materials or product. TTC may, in its sole discretion revise these Terms of Use at any time; therefore, you should visit this page periodically to review these Terms of Use. You shall be responsible for reviewing and becoming familiar with any such revisions. Use of 1AMINUTE and this site by you following such any revision constitutes your acceptance of the terms and conditions of the Terms of Use as revised.

GENERAL, MEDICAL AND HEALTH DISCLAIMER

This website is for informational purposes only and is not intended to provide specific commercial, health, relational, financial, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from TTC for such personal, non-commercial use.

TTC reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, all or any part of this website or any information contained thereon without liability or notice to you.

As a viewer or visitor of TTC or our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall TTC be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of TTC content including this website, even if TTC has been advised of the possibility of such damages.

CONTENT, PRODUCT AND SERVICE DISCLAIMER

TTC contains content and information including data, statistics and research from third parties.

TTC and/or affiliated companies, studios, cast, crew, producers, sponsors, distributors, filmmakers, directors , officers, employees, agents or any other assignees involved in making and distributing of TTC content or product do not warrant or endorse the information and do not assume or accept any liability for the accuracy, quality, suitability, and current nature of the information. The views and statements expressed in any TTC content or product, including but not limited to features, documentaries, movies, shows, websites, blogs, videos, apparel and any and all other such content, product or merchandise do not necessarily reflect the views of 1AMINUTE and/or other entities, affiliated companies, studios, cast, crew, producers, sponsors, distributors, filmmakers directors, officers, employees, agents or any other assignees of TTC.

Furthermore, the above mentioned as well as TTC and any other person or entity involved in the making and distribution of TTC content and product do not warrant the accuracy, reliability, currency or completeness of those views or statements and do not accept any legal liability whatsoever with regards to the subject matter. The views and statements expressed are not substitutes for independent professional advice. Viewers, listeners and readers should exercise their own care, skill and diligence with respect to the reliance and use of any information contained in any TTC content or product and should always seek their own professional medical advice for any medical condition or if they think they may have a medical emergency.

PASSWORDS

To become a Member of TTC’s on-line community, if and when established, you recognize that you are required to provide your e-mail address and to choose a screen name. You recognize that your chosen screen name will appear in connection with any communications you post on TTC.

You shall provide TTC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your TTC account.

You may not:

    1. -select or use as a TTC User ID a name of another person with the intent to impersonate that person;
    2. -use as a TTC User ID a name subject to any rights of a person other than you without appropriate authorization; or
    3. -use as a TTC User ID a name that is otherwise offensive, vulgar or obscene.

TTC reserves the right to refuse registration of, or cancel, a TTC User ID in its discretion. You shall be responsible for maintaining the confidentiality of your TTC password.

You understand and agree that TTC in no way encourages members to disclose private information, including their e-mail addresses, on the publicly accessible portions of TTC.

PERSONAL INFORMATION

You understand that you are not required to post any personal information to become a member. However, if you voluntarily choose to include personal information in your member profile, biography or other postings on TTC, you may do so. You understand and agree that TTC in no way encourages members to disclose private information, including your e-mail addresses, on the publicly accessible portions of TTC.

You understand and agree that TTC and its directors, officers, employees, producers and agents are not liable for the disclosure of any personal information which you voluntarily include in your profile, biography and or posts. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclose on TTC, and hereby waive any constitutional, statutory or common law right to privacy which you might otherwise claim in such information.

You understand and agree that TTC may collect and utilize any personal information which you voluntarily provide, and may combine the personal information collected from you with information from others to provide a better user experience. You are also responsible for the interpretation of the content that is posted on TTC. You must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Responsibility for Posting Content All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not TTC, are entirely responsible for all content that you upload, post, email or otherwise transmit via TTC.

USER CONDUCT AND OBLIGATIONS

As a condition of use, you promise to use TTC and this site only for lawful purposes and in compliance with these Terms of Use. You understand and agree that TTC is not under any obligation to control, monitor or verify the statements made by members of TTC’s on-line community. If TTC discovers that you are violating these Terms of Use or otherwise making unacceptable use of TTC, your account may be terminated at sole discretion of TTC.

Some examples of such unacceptable uses are:

    1. -Abuse, harass, humiliate, deceive, threaten, impersonate, intimidate or engage in any other abusive behaviors with those who comment on TTC.
    2. -Contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
    3. -Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TTC user;
    4. -Create or submit unwanted email (“Spam”) to any other TTC users or any URL;
    5. -Violate any laws in your jurisdiction (including but not limited to copyright laws);
    6. -Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or off-topic content or any other system that will result in your personal financial or commercial gain.
    7. -Use for illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
    8. -With the exception of accessing RSS feeds (if available), you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.Additionally, you agree that you will not:
      1. -take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
      2. -interfere or attempt to interfere with the proper working of the Site or any activities conducted on the site; or
      3. -bypass any measures we may use to prevent or restrict access to the site;
      4. -Create separate user accounts with the intention of artificially inflating your TTC count, comments, or any other TTC service.
      5. -Post personal communications from anyone without their consent.

      VIOLATIONS OF TERMS

      TTC may remove any Content and TTC accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: asst@uniglobeentertainment.com.

      You understand and agree that it is impossible for TTC to guarantee complete security. You understand and agree that TTC accepts no responsibility for any consequences of unauthorized entry, even if such entry could have been prevented by procedures known to TTC, but not adopted, and you hereby waive any claim against TTC and/or its directors, officers, employees, producers or agents, based upon any unauthorized acts by third parties.

      PRIVACY POLICY

      You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: www.thrivechannel.com homepage.

      CONFIDENTIALITY AND INTERNET TRANSMISSIONS

      The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal or credit card information).

      While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

      USER SUBMISSIONS AND POSTS

      You acknowledge that TTC may or may not pre-screen Content posted by users to our Web Site (“User Postings”), but that TTC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Postings. Without limiting the foregoing, TTC and its designees shall have the right to remove any User Postings that violates these Terms of Use or is, in TTC’s sole direction, otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Postings, including any reliance on the accuracy, completeness, or usefulness of such User Postings. With respect to User Postings you yourself submit or make available for inclusion on TTC, you grant TTC a worldwide, perpetual, irrevocable, fully-sublicensable, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Postings (in whole or in part), and on TTC, and to incorporate such User Postings into other works in any format or medium now known or later developed.

      By uploading, posting or otherwise transmitting through or to our website any content (including but not limited to testimonials or endorsements), you grant to us, our affiliates, successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content.

      As a user, you are responsible for your own communications and are responsible for any consequences resulting from these communications. Therefore, do not do any of the following things: transmit to us or post to its content and site material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; send material that reveals trade secrets, unless you own them or have the permission of the owner; transmit to us or post to its content and site material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; transmit to us or post to its content and site material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; transmit to us or post to the site advertisements or solicitations of business; transmit to us or post to the site chain letters or pyramid schemes; or impersonate another person. TTC reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law.

      USER POSTINGS

      You understand and agree that TTC may collect and utilize any personal information which you voluntarily provide, and may combine the personal information collected from you with information from others to provide a better user experience. You further understand and agree that TTC may summarize and/or reprint any information or comments which you voluntarily post on the website as a part of newsletters and other publications.

      COPYRIGHT INFORMATION

      Use of Content and Site Material:

      This website and its contents, such as text, graphics, images and other content (the “Content” or “Site Material”) are protected by copyright under both United States and foreign laws. Copyright information is available on homepage footer of TTC. All Rights Reserved.
      Any use of its content and Site Material without prior written permission violates copyright, trademark, and other laws. Absent the express written permission of TTC by e-contacting us and getting this permission in writing, you may not sell or modify our Content and Site Material or reproduce, display, distribute, or otherwise use the Content and Site Material in any way for commercial purpose. Termination of your user account for any reason, including but not limited to your violation of any of these Terms of Use, results in the immediate revocation of your license to use the Content and Site Material and obligates you to immediately destroy any copies of the Content and Site Material in your possession.

      Notice for Claims of Intellectual Property Violations and Agent for Notice:

      TTC respects the intellectual property of others, and we ask our users to do the same. TTC abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at TTC’s sole discretion, that response may include removing, disabling and/or terminating access to material residing on the site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

      TTC has no responsibility for content on other web sites that you may find or access when using TTC’s websites, products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the TTC Terms of Use, govern your use of that material.

      If you believe that your work has been copied in the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TTC’s Copyright Agent with the following information:

      1. Reasonably sufficient details to enable us to identify the copyrighted work or other intellectual property that you claim has been infringed;
      2. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
      3. Your contact information so that we can contact you (including your name, address, telephone number, and email address);
      4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
      5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
      6. The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

      Counter-Notification:
      If material that you have posted to the Site has been taken down in response to a claim of copyright or other intellectual property infringement, you may send TTC a counter-notification containing the following details:

      1. Reasonably sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disable;
      2. 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 in question;
      3. Your contact information so that we can contact you (including your name, address, telephone number, and email address);
      4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, in any judicial district in which 1AMINUTE may be found, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
      5. Your physical or electronic signature.

      TTC’s Copyright Agent can be reached as follows:

      By email
      legal@uniglobeentertainment.com

      Attachments cannot be accepted. Accordingly, any notification of infringement or counter-notification submitted electronically with an attachment will not be received or processed.
      Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with TTC’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute or act as a substitute for legal advice.

      LINKS TO OTHER WEBSITES

      Users may provide links to other web sites or resources. Because TTC has no control over such sites and resources, you acknowledge and agree that TTC is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree not to knowingly link to any web site, web page or resource that contains defamatory, obscene, pornographic, abusive, or offensive material, or otherwise violates any law or right of any third party.

      You further acknowledge and agree that TTC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site.

      TTC LIMITATION OF LIABILITY

      Although TTC desires accuracy in all elements of its content and Site Material, there may be inaccuracies or typographical errors. TTC makes no express or implied representation about the accuracy, reliability, completeness or timeliness of the Content and Site Material or about the results that may be obtained from use of the Content and Site. You use the Content and Site and the Site Material at your own risk.

      THE TTC CONTENT, PRODUCTS, WEB SITES AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, 1AMINUTE DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH TTC DESIRES TO PROVIDE COMPLETE AND ACCURATE INFORMATION AND MATERIALS ON ITS WEB SITE, TTC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY OF ITS CONTENT OR THE INFORMATION, MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS FOUND AT THE WEB SITE.

      IN NO EVENT SHALL TTC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY: (A) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

      INDEMNIFICATION

      You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or any TTC content or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

      THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES

      You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties.

      If TTC provides access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties.

      You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties.

      Furthermore, TTC assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is TTC responsible should any site contain content or links to other sites that you may find offensive.

      By accessing third party services through our website, you hereby authorize such third party service providers to provide TTC with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

      Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of:

      (i) the organizations that operate such websites,

      (ii) the content, privacy policies or other terms of use on such websites or

      (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

      MISCELLANEOUS

      No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TTC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

      TTC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TTC’s reasonable control, including, without limitation,
      mechanical,electronic or communications failure or degradation (including “line-noise” interference).

      The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any express or implied warranties or warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement of the rights of third parties. TTC shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website.

      If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

      The Terms of Use is not assignable, transferable or sub-licensable by you except with TTC’s prior written consent.

      TTC may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, as if made within California, between two residents thereof, and the parties submit to the exclusive jurisdiction and any other limitations on how they will address legal claims. However, in the event of any dispute, the parties shall use good faith efforts to resolve the issue(s) amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation, failing which both parties agree to submit themselves to the exclusive jurisdiction of courts in the State of California, USA.