Templin Insitute Ideas

VOTE & SUBMIT YOUR

EPISODE IDEAS

Terms Of Use

Last Updated Date: September 11, 2020

Templin Institute (“Templin Institute”, “us,” “our” and “we”) owns and operates the Templin Institute Episode Ideas website (the “Site”) and other services that we provide including through the Site (the “Services”). By accessing or using the Site in any way or by creating an account to use the Services, users (“you,” “your”, or “user”) agree to abide by these Terms of Use. These Terms of Use and any other terms, policy or other document incorporated in these terms and conditions by reference are a legally binding agreement between us (the “Agreement”).

In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if you are using the Site or Services.

If you are under the age of 18, you are not permitted to use the Site or Services.

You further represent that you have the right (including any consents required by applicable law) to provide all data that you provide to us. If you do not have the necessary authority, or if you do not agree with these Terms of Use, you may not use the Site or Services.

Please refer to our privacy policy, available at https://ideas.templin.institute/privacy/ (the “Privacy Policy”) for information on how we collect, use and disclose personally identifiable information from our users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

1. Acceptance and Amendment of Terms

Welcome to the Templin Institute Episode Ideas website. Except as expressly permitted on the Site, the Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service.

Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to make full use of the Services, you must read this Agreement and accept all of the terms herein.

We may change this Agreement at any time, without notice to you. Your use of the Site or the Service after notice of changes to this Agreement is your agreement to those changes. If you do not agree with the changes, you must terminate your account and cease use of the Site and the Service.  It is your responsibility to note any changes to this Agreement. These Terms of Use shall always bear a “last updated” date at the top of the page showing the date on which they were last updated.

2. User Conduct

  1. You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, information, ideas, votes, and other files (collectively, “Content”).
  2. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  3. You may not collect or harvest any personally identifiable information from the Site.
  4. You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that we believe:
    1. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
    2. comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
    3. violates or otherwise encroaches on the rights of others;
    4. contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
    5. advocates illegal activity;
    6. harms anyone, including minors; or
    7. provides a link to any of the above.
    8. You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.

Templin Institute has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Templin Institute does not and will not examine or otherwise review all Content submitted or transmitted to the Service, we may delete, move, and edit Content for any reason, at any time, without notice. Templin Institute in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.

Any breach or non-compliance of any of these User Conduct terms will entitle us to immediately and without notice (i) terminate that user’s account, which could result in the permanent deletion of any data in the account from our servers and any User Content of the Member, and (ii) block the user from any further use of the Site and Service.

3. User-Generated Content

The Site allows you to submit your own episode ideas for the Templin Institute YouTube Channel (“Episode Ideas”), and to share those episode ideas through the Site with other users. The Site also allows users to vote on episode ideas. In this Agreement we refer to all of this Content provided by users as “User-Generated Content”. 

YOU HEREBY ASSIGN TO TEMPLIN INSTITUTE all of your worldwide right, title and interest in such User-Generated Content, and/or Intellectual Property, and/or Episode Ideas, including without limitation all Intellectual Property Rights and any and all other exclusive rights to the same.

User agrees to grant a non-exclusive, worldwide license (as detailed below) to Templin Institute and its executives, employees, related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, third-party service providers and their respective retail partners, marketing or public relations agencies and other affiliates, and all other users of the Services (the “Licensed Parties”).

Therefore, by contributing User-Generated Content to the Site you automatically grant to us and the Licensed Parties an irrevocable and perpetual, non-exclusive, transferable, sub-licensable, assignable, fully-paid, royalty-free, worldwide, no-cost license and right to, by ourselves or with others, in whole or in part, use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User-Generated Content and any works derived from that User Content, in any form of media or expression, in any manner or medium now or hereafter known or devised, including on the Internet, in any commercial manner, and in advertising and promotion of us and our Services, throughout the world and in any and all languages without the requirement to make payment to you or to any third party or the need to seek any third party permission, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account. The Licensed Parties will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes or otherwise. User hereby forever waives and relinquishes all so-called “moral rights” now or hereafter recognized (for example, to be named as the author or to protect the integrity of your User-Generated Content.). The Licensed Parties shall have and retain all right, title, and interest in and to the data resulting from such processing, including without limitation, encoding, compressing, formatting, and processing of audio and video data.

You represent and warrant to Templin Institute that (a) you are the sole owner, author and copyright owner of User-Generated Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User-Generated Content available to the Service as “User-Generated Content”, and (b) such User-Generated Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User-Generated Content complies with this Agreement and does not contain any defamatory, libellous or obscene material; (d) such User-Generated Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User-Generated Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User-Generated Content in the manner contemplated by the Service and this Agreement.

4. Our Intellectual Property Rights; Our License of Content to Members

Except as otherwise expressly indicated, the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content and the selection and arrangement thereof are the proprietary property of Templin Institute or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved, and except for licenses expressly granted in this Agreement no right to any Content on the Site is granted to you. You have a limited right, for the term of and subject to this Agreement, to use Content provided on the Site (i) only in connection with and during your use of the Site in accordance with this Agreement, (ii) only for the purpose for which, and in the manner in which, the Site makes such Content available and, unless the Site expressly permits other uses, only for personal, non-commercial use, and (iii) only on payment therefor as required by the Site. This right is not exclusive or transferable, and may be terminated at any time by Templin Institute. We will only use your personal information as permitted by our Privacy Policy.

5. Your Privacy Responsibilities

You represent and warrant to Templin Institute that you have obtained all required consents with respect to any personal information (of any other person) provided by you to Templin Institute, and that – subject to our Privacy Policy – Templin Institute may use such personal information for the purposes of operating the Service.

You agree to comply with all applicable data privacy laws.

6. Episode Ideas & Communications

If you use the Site or the Service you have no claim for royalties or any other payment, attribution or any other moral or other rights against any Releasee arising from their or your use of any of the Site, the Service or your User-Generated Content. Notwithstanding any other provision of this Agreement, Templin Institute is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.

7. Indemnity

You agree to indemnify and hold harmless the Templin Institute Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or to users infringes the intellectual property or other rights of any third party.

8. Disclaimers

Templin Institute is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site.

Under no circumstances will Templin Institute be responsible for any loss or damage, including any loss or damage to any User-Generated Content, or for personal injury or death, resulting from anyone’s use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.

Templin Institute expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Templin Institute does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.

9. Limitation of Liability

In no event will the Templin Institute Parties be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the Templin Institute Parties are aware or have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained in this Agreement, the Templin Institute Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Templin Institute for the Service during the one month prior to the time the liability arose, or, if amounts are due to you by Templin Institute, our aggregate liability to you for such unpaid amounts shall be the aggregate amount of such unpaid amounts. You acknowledge that if no fees are paid to Templin Institute for the Service or due to you, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Templin Institute Parties, regardless of the cause of action.

10. Electronic Communications

The communications between you and Templin Institute use electronic means, whether you visit the Site or use the Service or send Templin Institute e-mails, or whether Templin Institute posts notices on or through the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Templin Institute in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Templin Institute provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

11. Termination

This Agreement continues until terminated by either Templin Institute or you. Templin Institute reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, in its sole discretion.

Templin Institute may terminate this Agreement and delete your account, remove any Content or information that you have posted on the Site, or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. If we delete your account or terminate this Agreement, our license to your User-Generated Content shall continue as described in this Agreement.

If you tell us you wish to terminate this Agreement, the effective time of termination is the earlier of (i) the effective time you specify and (i) 30 days later after we receive your notice if you do not specify a time, and we will delete your account after such time. If you delete your account, this Agreement is automatically terminated at the same time. After deletion of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.

12. Applicable Law and Venue

The Agreement and the relationship between you and Templin Institute shall be governed by and construed and interpreted in accordance with the laws of Alberta, Canada and the federal laws of Canada applicable therein.

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be heard and resolved in a court of competent subject matter jurisdiction located in Alberta, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Alberta, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Templin Institute Parties for your failure to comply with any such laws.

13. General

You and Templin Institute are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. The licenses granted by you to Templin Institute herein shall pass with any transfer by you of the copyright in such Content. You may not transfer or assign this Agreement. Templin Institute may without notice or consent assign its rights and obligations under this Agreement. The Agreement, including the Privacy Policy, the information provided to you and by you during the registration process, and any other documents that are incorporated into this Agreement by reference, constitute the entire agreement between you and Templin Institute with respect to the subject matter hereof, superseding any prior agreements between you and Templin Institute (including, but not limited to, any prior versions of the Agreement). Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site, including notices of cancellation, policies, contracts, and applications. We are not responsible for typographic errors. You also may be subject to additional terms and conditions that may apply when you use other Templin Institute services, or third-party content, software or services offered through the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or Content must be filed within one (1) year after such claim or cause of action arose or be forever barred. The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language.