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Terms & Conditions
Last updated: 24 April 2017
Please read these Terms and Conditions ("Terms of Service", "Terms and Conditions") carefully before using the http://www.premise.tv (“Site”) operated by Catharsis Pte Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
By using or visiting the Premise TV website or any Premise TV products, software, data feeds, and services provide to you on, from, or through the Premise TV website (collectively the "Services") you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Service. The Service is provided by Premise TV which, along with its products and services, is referred to as “Premise TV” in these Terms of Service.
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 at http://www.premise.tv. Premise TV 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 these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service (“Content Creators”) and contributing funds as ("Funders") and to the funds they contribute as ("Contributions”). Content Creators, Funders and other visitors to the Services are referred to collectively as ("Users”). (“Content”) includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Premise TV, including but not limited to all products, software and services offered via the Premise TV website.
The Service may contain links to third party websites that are not owned or controlled by Premise TV. Premise TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Premise TV will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Premise TV from any and all liability arising from your use of any third-party website.
We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.
You must be at least 13 years old to use the Premise TV Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Service. Please have him or her read this Agreement with you.
By granting your child permission to use the Service, you agree to the terms of this Terms of Service on behalf of your child. You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
Even if you are old enough to use the Service and/or have your parent's or guardian's permission, some of the content available within the Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
Licenses Granted by You
As between you and Premise TV, you own the video content ("videos") that you submit to the Service. By submitting a video, you grant Premise TV and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of displaying the video within the Service;
displaying the video on third party websites and applications through a video embed or Premise TV's API (Application Processing Interface) subject to your video privacy choices;
allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices;
promoting the Service, provided that you have made the video publicly available; and
archiving or preserving the video for disputes, legal proceedings, or investigations.
You further grant all users of the Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Premise TV may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Premise TV all of the license rights granted herein.
Premise TV does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Premise TV expressly disclaims any and all liability in connection with Content. Premise TV does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Premise TV reserves the right to remove Content without prior notice.
The above licenses will continue unless and until you remove your videos from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Premise TV has no control over such caching.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Premise TV Site.
Premise TV has the right, but not the obligation, to monitor all conduct on and content submitted to the Site.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. You must provide complete and accurate registration information to Premise TV and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Terms of Service.
We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined on section 6.C) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Service and/or the level you have reached in our Service and any Virtual Money or Virtual Goods associated with your account).
Your account is personal to you and you are not entitled to transfer your account to any other person.
Subscriptions and Purchases of Virtual Money
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Please see our subscription pages for features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Premise TV player or apps.
Some of the products, services and content on the Site will require a purchase before becoming available for use ("Paid Content"). Such Paid Content may be subject to individual terms and conditions in addition to this Terms and Conditions. By purchasing such Paid Content, you also agree that you will be bound by such individual terms and conditions and agree to pay for Paid Content through the Site.
Our Service may include virtual items such as gold and silver coins (“Virtual Money") or virtual goods, additional level and content packs (“Virtual Goods"). You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.
Any purchase of Virtual Goods accumulated through any applicable Premise TV Subscription benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Service. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual items may have monetary value, and can be used to purchase or use products or services within Premise TV Services. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Premise TV may manage, regulate, control, modify or eliminate your Virtual Goods in our sole discretion, and Premise TV will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Premise TV account is terminated or suspended for any reason, in Premise TV's sole iscretion, or if Premise TV discontinues any Service within the Site.
We may revise the pricing for Virtual Goods and Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Unless otherwise stated, payment may be made by Visa, Mastercard and/or any other methods which may be clearly advertised on the Site from time to time. You agree that Premise TV may charge your charge card or other account(s) and/or payment methods for any Content, products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account.
You are liable to pay for Paid Content at such charges and at such times as stated in the terms and conditions accompanying such Paid Content, or such charges and times that Premise TV may determine from time to time. Payment for subscription based Paid Content will be billed in advance at monthly intervals or such intervals as may be approved by Premise TV. All fees are due and payable as soon as the bill is issued, and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the product plus any applicable goods and services tax.
Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Premise TV. If your account is terminated due to your breach of this Terms of Service during the relevant cancelation period, you will not be refunded. If you have questions, please contact us. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.
Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Premise TV reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
Setting up an account on the Services is free. We do not charge our Service fees to Funders. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Content Creators as a portion of the Contributions they raise (the "Service Fees"). By using the Services, Users agree to our Service Fees listed at http://www.premise.tv/pricing-and-fees. Changes to Service Fees are effective after we post notice of the changes on the Services.
The Service Fees on all funds raised is 5%. It is free to sign up and create a campaign and fees are deducted from the funds you actually raise.
Account Termination Policy
Premise TV will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Premise TV reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Premise TV may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
This Term of Service begins on the date you first use the Service and continues as long as you have an account with us. You may delete your account at any time.
Premise TV may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Premise TV determines that you have violated any provision of this Terms or that your conduct or content would tend to damage Premise TV’s reputation and goodwill. If Premise TV deletes your account for the foregoing reasons, you may not re-register for the Service. Premise TV may block your email address and Internet protocol address to prevent further registration.
Upon termination, all licenses granted by Premise TV will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Premise TV shall not be responsible for the loss of such content.
Premise TV operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
As part of Premise TV’s copyright policy, Premise TV will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, Premise TV, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Services and your use thereof. To the fullest extent permitted by law, Premise TV excludes all warranties, conditions, terms 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 responsibilities:
For any errors, mistakes, or inaccuracies of Content,
That the Service will be permitted in your jurisdiction
For personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on the Service or will be stored by Premise TV;
Interruption or cessation of transmission to or from our Services,
For any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Services by any third party, and/or
For 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 Services.
Premise TV does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Premise TV 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.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Premise TV, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any
Errors, mistakes, or inaccuracies of content,
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
Interruption or cessation of transmission to or from our services,
Bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
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 services, 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.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Premise TV limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that Premise TV shall not be liable for content 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 Service is controlled and offered by Premise TV from its facilities in the Singapore. Premise TV makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You will indemnify, defend, and hold harmless Premise TV and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
arise from your activities on the Service;
assert a violation by you of any term of this Terms of Service; or
assert that any content you submitted to Premise TV violates any law or infringes any third party right, including any intellectual property or privacy right.
Ability to Accept Terms of Service
You affirm that you are either more than 16 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 Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Premise TV without restriction.
These Terms of Service shall be governed exclusively by the laws of the Republic of Singapore without any regard to any conflicts of laws principles. Any and all dispute arising out of the use of the Site shall be deemed to have taken place in Singapore and shall be referred by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by reference into these terms and conditions. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Any failure to act by Premise TV with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive Premise TV's right to act with respect to subsequent or similar breaches.
Premise TV reserves the right to revise, withdraw or make changes to these Terms and Conditions and the Site, in whole or in part, at any time and from time to time. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans, billing methods for any and all registered users. All revisions, withdrawal and/or changes will be posted on the Site and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Site or notification by electronic or conventional mail or such other means as determined by Premise TV at its sole discretion. You are responsible for checking the Site for the most current terms and conditions. Each time you access or use the Site, you will be deemed to have agreed to be legally bound by the most current terms and conditions.
You agree that Premise TV can (but is not obliged to) send you notices (including, without limitation, those regarding changes to this Terms and Conditions) by email, regular mail, postings on the Site or any other mode of communication as Premise TV deems appropriate.
A failure by Premise TV to act on any breach by you or others of any of the provisions of this Terms and Conditions does not waive any of Premise TV's rights for that breach or any subsequent or similar breaches.
If a Court of any competent authority decides that any provision (or part thereof) of this Terms and Conditions is void or ineffective in whole or in part, then the void or ineffective provision or part thereof will be deemed excluded and all other provisions and parts of this Terms and Conditions will not be affected and will continue in full force and effect.
This Terms and Conditions, together with any other legal notices posted on the Site and any other terms and conditions that Premise TV may from time to time impose on specific Paid Content, shall constitute the entire agreement between you and Premise TV concerning the use of the Site.