Terms of Use – Bench Jewelers Television Network

Terms of Use

At Bench Television we invite our users to enjoy all the features this site has to offer. But we must require that you abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access without refund or recourse.

 

1. Your Acceptance

By using and/or visiting this website (collectively, including all content available through the BenchTelevision.com domain name, the “Bench Television website”, or “website”), you signify your assent to both these Terms of Use and the terms and conditions of Bench Television’s Privacy Policy, which are published at BenchTelevision.com/privacy, and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Bench Television Website.

 

2. Web Site Access

A) Bench Television hereby grants you permission to use the web site as set forth in this Terms of Use, provided that:

(I) your use of the web site as permitted is solely for your personal, noncommercial use;

(II) you will not copy or distribute any part of the web site in any medium without Bench Television’s prior written authorization;

(III) you will not alter or modify any part of the web site other than as may be reasonably necessary to use the web site for its intended purpose; and

(IV) you will otherwise comply with the terms and conditions of these Terms of Use.

 

B) In order to access some features of the web site, you will have to create a Member Account. We require each member to have a unique User Name and Password combination and to provide us with certain information in order to use the features and functions of the Site and we may, from time to time, also provide members with additional codes or passwords necessary to perform certain functions on the Site.

 

When creating your account, you must provide current, accurate and complete information, keep the information that you provide to us up to date and pay any and all applicable subscription fees. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.

 

Your User Name and Password are personal to you. You are solely responsible and liable for maintaining the strict confidentiality of your User Name and Password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.

 

You are solely responsible for the activity that occurs on your account. You must notify Bench Television immediately of any breach of security or unauthorized use of your account. Although Bench Television will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bench Television or others due to such unauthorized use.

 

Any violation by you of these Terms of Use may result in the immediate termination of your Membership.

 

C) You agree not to use or launch any automated system, including without limitation, “Robots,” “Spiders,” “Offline Readers,” etc., that accesses the web site in a manner that sends more request messages to the Bench Television servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Bench Television grants the operators of Public Search Engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bench Television 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 web site, nor to use the communication systems provided by the web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the web site with respect to their user submissions.

 

3. Warranty Disclaimer

Information provided on the Bench Television is provided ‘As Is’ without warranty of any kind, either expressed or implied. The procedures described can be harmful if not executed properly. Any use of the information, in jewelry manufacturing, jewelry repair, stonesetting, or otherwise, is taken at your own risk. The publisher and content provider is not responsible for any injuries, losses, and/or other damages that may result from the use of information on this website.

You agree that your use of the Bench Television website shall be at your sole risk. To the fullest extent permitted by law, Bench Television, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Bench Television 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 Bench Television website.

 

Bench Television does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Bench Television website or any hyperlinked website or featured in any banner or other advertising, and Bench Television 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.

 

Without prior notice, Bench Television may modify, suspend, or discontinue the Bench Television services (including any content) or your use of them. Whenever Bench Jewelers Television Network elects to modify, suspend, or discontinue the Bench Television services, it will not be liable to you or any third party.

 

4. Limitation of Liability

In no event shall Bench Television, its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, exemplary, special, punitive or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) 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,

(V) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our website by any third party, and/or

(VI) 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 Bench Television 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 Bench Television shall not be liable for user submissions 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 Bench Media, LLC from its facilities in the United States of America. Bench Media, LLC makes no representations that the Bench Television Website is appropriate or available for use in other locations. Those who access or use the Bench Television Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

5. Third Party Websites

The Bench Television website may contain links to third party web sites that are not owned or controlled by Bench Television. Bench Television has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party web sites. In addition, Bench Jewelers Television Network will not and cannot censor or edit the content of any third-party site. By using the web site, you expressly relieve Bench Television from any and all liability arising from your use of any third-party web site. Accordingly, we encourage you to be aware when you leave the Bench Television web site to read the Terms and Conditions and Privacy Policy of each other website that you visit.

 

Bench Television does not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall Bench Television assume or have any responsibility or liability.

 

6. Intellectual Property Rights

The content on the Bench Television web site 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 Bench Television, subject to Copyright and other Intellectual Property Rights under United States and Foreign Laws and International Conventions. Content on the web site is provided to you as is for your information and personal use only and may not be used, 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.

 

Bench Television reserves all rights not expressly granted in and to the web site and the content. 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 submissions of third parties obtained through the website for any commercial purposes.

 

You agree not to circumvent, disable or otherwise interfere with security related features of the Bench Jewelers Television Network web site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Bench Television web site or the content therein.

 

7. User Submissions

A) The Bench Television web site may now or in the future permit the submission of videos or other communications submitted by you and other users (“user submissions”) and the hosting, sharing, and/or publishing of such user submissions. You understand that whether or not such user submissions are published, Bench Television does not guarantee any confidentiality with respect to any submissions.

 

B) You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that:

(I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bench Television to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the web site and these terms of service; and

 

(II) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submissions in the manner contemplated by the web site and these terms of service. By submitting the user submissions to Bench Television , you hereby grant Bench Jewelers Television Network a continual worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the Bench Television web site and Bench Television ’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Bench Television web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Bench Television web site a non-exclusive license to access your user submissions through the web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the web site and under these terms of service. The foregoing license granted by you continues after you remove or delete a user submission from the web site, or close your account, to allow Bench Television distribution rights of this content to television and other media channels as part of its media network partner program.

 

C) In connection with user submissions, you further agree that you will not:

(I) 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 Bench Television all of the license rights granted herein;

(II) publish falsehoods or misrepresentations that could damage Bench Television or any third party;

(III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

(IV) post advertisements or solicitations of business:

(V) impersonate another person.  Bench Television does not endorse any user submission or any opinion, recommendation or advice expressed therein, and Bench Television expressly disclaims any and all liability in connection with user submissions. Bench Television does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Bench Television will remove all content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Bench Television reserves the right to remove content and user submissions without prior notice. Bench Television may also terminate a user’s access to its web site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the web site more than twice. Bench Television also reserves the right to decide whether content or a user submission is appropriate and complies with these terms of service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material or excessive length. Bench Television may remove such user submissions 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.

 

D) In particular, if you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bench Jewelers Television Network with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(I) a physical or electronic signature of a person authorized to act on behalf of the 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 at a single online site are covered by a single notification, a representative list of such works at that site;

(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 the service provider to locate the material;

(IV) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(V) 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

(VI) 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.

 

E) You understand that when using the Bench Television website, you will be exposed to user submissions from a variety of sources, and that Bench Television is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions 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 Bench Television with respect thereto, and agree to indemnify and hold Bench Television , 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.

 

8. Indemnity

You agree to defend, indemnify and hold harmless Bench Television, its parent company, owners, officers, directors, employees, affiliates, contractors, agents, and licensors from and against any and all suits, 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 Bench Television web site;

(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 submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Bench Television web site.

 

9. Ability to Accept Terms of Use

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 Bench Jewelers Television Network web site is not intended for children under 13. If you are under 13 years of age, then please do not use the Bench Television web site – there are many other great web sites for you. Talk to your parents about what sites are appropriate for your age group.

 

10. 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 Bench Television without restriction.

 

11. Term and Termination of Membership

This Agreement will remain effective until terminated by you or terminated by us. You have the right to terminate your Bench Television Membership at any time. If you terminate your Bench Television Membership at any time after the first day of the subscribed period or any subsequent period, you agree that you will pay all fees entirely for that according period.

 

12. General

You agree that:

(I) the Bench Television web site shall be deemed solely based in South Carolina; and

(II) the Bench Television web site shall be deemed a passive web site that does not give rise to personal jurisdiction over Bench Television, either specific or general, in jurisdictions other than South Carolina. These terms of service shall be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and Bench Television that arises in whole or in part from the Bench Television web site shall be decided exclusively by a court of competent jurisdiction located in Spartanburg County, South Carolina. These Terms of Use together with the Privacy Policy at BenchTelevision.com/privacy, and any other legal notices published by Bench Television on the web site, shall constitute the entire agreement between you and Bench Television concerning the Bench Television web site. 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 Use shall be deemed a further or continuing waiver of such term or any other term, and Bench Television’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Bench Television reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Bench Television web site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and Bench Television agree that any cause of action arising out of or related to the Bench Television website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.