Terms of Service
Effective date: October 14, 2020
This Agreement (the “Terms of Service”) is between you and Shaking the Tree (“we,” “us,” or “STT”), a Illinois non-profit corporation, with a principal place of business at 8623 North Harding Avenue, Skokie, IL 60076. By accessing and using the STT Website, you hereby agree to these Terms of Service.
TERMS EXPLAINED
Note well, these explanations are not made part of these Terms of Service but rather are meant to provide a plain English interpretation of them from STT’s perspective.
Section 1 (Explanation and Charging Policy): This Section explains the nature of the property being used by you, namely videos and accompanying materials.
Section 2 (Use With Respect to Passwords and Copies of Films): This Section governs the use of login information for users. Specifically, it requires non-sharing of passwords and one user per login.
Section 3 (Your Rights): This Section gives you permission, under the limitations described throughout the Terms of Service, to use the Website.
Section 4 (Access and Use Charges): This Section governs the ways that you may be charged for accessing the Website and using the materials provided.
Section 5 (Copyright and Trademarks): This Section governs STT’s ownership of copyright and trademark rights for the Website including the materials, videos, and layout and design of the Website itself, in which STT retains all rights except the limited license granted in these Terms of Service.
Section 6 (Forms): This Section allows STT to notify you of important changes via email as well as on the Website.
Section 7 (Communicating with the Website): This Section lays out STT’s expectation that users will comply with all applicable laws and use the Website for its intended use.
Section 8 (Public Communications): This Section governs communications made on or through the Website. “Communication” does not include your private password and identifying payment information you use to pay for the service. Specifically, any feedback provided to STT by you is deemed a “public communication” in which you have no expectation of privacy or interest.
Section 9 (Unsolicited Email)
This Section prohibits you from mining our Website for unsolicited emails, which we may specifically monitor.
Section 10 (“Opt-In” for Emails)
This Section gives us the power to send you specific and targeted emails relevant to your use of the Website.
Section 11 (Your Password and Responsibility: This Section explains that you are individually responsible for the use of your password to access the Website, whether used by you or a third-party, irrespective of the reason (e.g. theft, hacks, etc.), which we may monitor.
Section 12 (Information Provided): This Section disclaims any liability for your reliance on any information provided on the Website.
Section 13 (Links to Other Websites): This Section explains that STT may, but is not obligated to, post third-party links for which STT makes no representations or warranties and for which STT takes no responsibility.
Section 14 (Age Restrictions): This Section requires that any person agreeing to these Terms of Service are over the age of 18.
Section 15 (Indemnification): This Section provides that you will defend and pay for any expense incurred by STT from third-party lawsuits that arise because of your breach of these Terms.
Section 16 (Disclaimer of Warranty): This Section disclaims any guarantees related to the Website including its operation.
Section 17 (Limitation of Liability): This Section states that you assume all risks when registering for and using the Website.
Section 18 (Termination): This Section empowers STT to terminate your use of and access to the Website for any reason.
Section 19 (Modifications): This Section empowers STT to make modifications to these Terms of Service and the Website.
Section 20 (Violations): This Section provides you with information on reporting violations to these Terms of Service.
Section 21 (General): This Section covers boilerplate clauses such as merger, governing law, choice of law, forum selection, non-waiver, and attorneys’ fees.
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SECTION 1 - EXPLANATION AND CHARGING POLICY: We are currently offering short (under sixty (60) minutes) films and videos as well as written materials to our subscribers on our Website (the “Website”). We intend to add other content in the future. You may obtain a password from us by setting up an account and providing us with the information requested on the Website.
SECTION 2 - USE WITH RESPECT TO PASSWORDS AND COPIES OF FILMS: Only Registered Users (as defined herein), dependent upon and pursuant to the subscription and payment terms accessible here [link] and incorporated herein by reference, are permitted to use their password. Registered Users are responsible for all uses of their password. Only one Registered User may be connected to our system at any one time with one password. Additionally, to the extent we are technologically able, we do not permit our password protected areas to be accessed by more than the licensed number of Registered Users. You agree that with respect to any film you access, you are not authorized to license (directly or through multiple levels of sub-licenses), copy, record, distribute, publicly display, publicly perform, prepare derivative works or otherwise infringe the films. We do not authorize you to make copies and provide them to any other person. To the extent we are technologically able, our intent is to make any unauthorized copying or access to the videos on the Website difficult. You do grant to us and authorize us to place a cookie or other code that would cause your computer to notify us any time you made a copy whatsoever and to prevent you from making copies of any content. You also authorize us to insert files or codes that would prevent emailing of any of STT’s content or other electronic transfer of that content such as over variations of pure and hybrid peer-to-peer networks. Further, STT reserves the right to monitor any method it deems necessary, in STT’s sole discretion, your activities to ensure adherence to the acceptable uses set forth herein. For purposes of these Terms of Service, the term “Registered User” shall mean those individuals affiliated, contracted, employed or otherwise related to You for whom STT has granted access pursuant to the subscription and payment terms in force at the time of their use. For purposes of clarification but not limitation, “Registered User” shall not mean those who were previously granted access and had that access either revoked or expired for any reason whatsoever.
SECTION 3 - YOUR RIGHTS: STT grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials provided hereon, provided that you comply fully with these Terms of Service. The contents of the Website are only for your personal, non-commercial use as a visitor and/or subscriber of the Website. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way.
SECTION 4 - ACCESS AND USE CHARGES: Currently, there are no charges or fees for access and use of some parts of the Website. STT may charge you to access the streaming sections of the Website, and STT further retains the right to charge fees to access and/or use the streaming sections of the Website in the future.
For purposes of registration as a subscriber, you agree to provide us with accurate, complete, and updated information required for the site subscription registration (“Registration Data”) in order to obtain access to the Website, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at STT’s option, result in immediate suspension or termination of your right to access and use the Website without refund of any sums you may have paid as a subscriber.
You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow the subscription help instructions to update your Registration Data.
SECTION 5 - COPYRIGHT AND TRADEMARKS: All materials on the Website, including, without limitation, text, images, software, audio and video clips, databases, e-mails, and posted comments (collectively, the “Content”) are owned or controlled by STT and/or its licensors, which retain all right, title, and interest in and to the Content. Your posting of material on the Website or providing material to STT (other than subject to a “Distribution Agreement” with us) to use on the Website will be deemed a non-exclusive perpetual unrestricted license by you to STT of the material, including the right to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works, and you waive all rights of attribution and integrity with respect to the material. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
Notwithstanding the above, you may print or download one copy of the written materials on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from STT is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Your rights to access copies of our Films are set forth in Clause 2 above.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of STT or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of STT or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of STT;
(c) in a manner likely to cause confusion with STT-owned or controlled marks; or
(d) in a manner that implies inaccurately that STT sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
COPYRIGHT © SHAKING THE TREE, 2020 ALL RIGHTS RESERVED. SHAKING THE TREE, AND OTHER RELATED MARKS USED ON THIS WEBSITE ARE SERVICE MARKS OF SHAKING THE TREE.
SECTION 6 - FORMS: STT may make available to users of the Website, e-mail notices by means of the Website. STT cannot review all Communications made on or through the Website.
SECTION 7 - COMMUNICATING WITH THE WEBSITE: We expect you to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks. You are solely responsible for the content of any transmissions you make to the Website or any materials you add to the Website, including to any Forum (the “Communications”). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(a) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services other than for STT goods and/or STT’s services;
(b) constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(c) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(d) constitutes or contains false or misleading indications of origin or statements of fact;
(e) slanders, libels or defames any person or entity;
(f) causes injury of any kind to any person or entity;
(g) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(h) violates any applicable laws, rules, or regulations; or
(i) contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information on the Website or of any third party.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Website. STT and its Affiliates do not endorse or accept any Communications as its own or representative of its views. We reserve the right, though we do not have the obligation, to remove without notice any posting that we consider to be in violation of these Terms of Service, or to diminish the value of this online community. This includes postings which defame, insult or harass anyone, or that are in any way abusive.
SECTION 8 - PUBLIC COMMUNICATIONS: You acknowledge and agree that any Communications made to or by means of any portion of the Website are public. You acknowledge that
(a) you have no expectation of privacy in any Communication and
(b) no confidential, fiduciary, contractually implied or other relationship is created between you and STT by reason of your transmitting a Communication to any area of the Website.
By transmitting any Communication to the Website, you grant to STT a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights,” or any similar rights under any jurisdiction.
SECTION 9 - UNSOLICITED E-MAIL: You agree not to use the Forums or any other area of the Website to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Website or any equipment owned or operated by STT in connection with the Website.
SECTION 10 - “OPT-IN” FOR SPECIAL NOTICES: STT may periodically make special offers, newsletters or other information to Subscribers on its Website. If you would like to receive such offers, newsletters or other information, you may “Opt-In” at any time by checking the “Opt-In” box that appears on the email notices page of the Website, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the “Opt-In” option constitutes acceptance of STT’s use of your e-mail address to send you notices pertaining to STT, its products and services, the Website, and related topics.
SECTION 11 - YOUR PASSWORD AND RESPONSIBILITY: If you become a Subscriber, as part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Website, and agree that STT will have no obligations with regard thereto. You agree not to assign, transfer or sublicense your rights as a user to the Website.
SECTION 12 - INFORMATION PROVIDED: You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. STT reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that STT is not responsible for any materials posted by users of the Website. Prior to making any decisions based on information posted on the Website, you are advised to verify the information. Neither STT nor its Affiliates shall have any liability arising from your acts or decisions based upon the information provided on the Website.
SECTION 13 - LINKS TO OTHER WEBSITES: The Website may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by STT of any third-party site or any materials contained therein. STT does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
SECTION 14 - AGE RESTRICTIONS: You represent and warrant to STT that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement.
SECTION 15 - INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless STT from and against any and all liability and costs incurred by STT in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. STT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of STT.
SECTION 16 - DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STT MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY STT. STT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, STT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE WEBSITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS CODE.
SECTION 17 - LIMITATION OF LIABILITY: USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL STT, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR STT, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR FEE-BASED SERVICES, EVEN IF STT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF STT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE WEBSITE. YOU HEREBY RELEASE STT AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SECTION 18 - TERMINATION: STT reserves the right to restrict, suspend or terminate your access to the Website in whole or in part, without notice, in the event you breach any portion of these Terms of Service. If STT terminates these Terms of Service based on a breach of any portion of these Terms of Service, STT reserves the right to refuse to provide use and/or access to any Services to you in the future. You acknowledge that STT shall not be liable to you or any third party for any termination of your access to this Website.
SECTION 19 - MODIFICATIONS:
(a) To the Agreement: STT has the right to modify these Terms of Service and any policies affecting the Website. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of STT in providing the Website, including without limitation
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any change in the Content, or
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any change in the amount or type of fees associated with the use or access of the Website, is to cancel your subscription in accordance with the subscription help instructions.
