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eWisdom TV™ TERMS AND SERVICE AGREEMENT
Welcome to www.ewisdomtv.com ("ewisdomtv.com" or "Site"), the Web site that is a platform for instructional “how to” videos and on-line advice services. ewisdomtv.com is owned and operated by eWisdom TV, Inc. (“eWisdom TV”). The specific features and functionality of the Site are to be determined solely by eWisdom TV, Inc. and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and eWisdom TV. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and eWisdom TV. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at eWisdom TV. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
By registering as an Expert and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of eWisdom TV's Privacy Policy which is incorporated into this Agreement. When you register as an Expert you automatically become a site Member, therefore the provisions of eWisdom TV's Terms of Service and Member Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service: eWisdomtv.com provides a platform where an Expert may present his or her expertise and sell advice or services to interested eWisdom TV users ("Members"). eWisdom TV makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any advice given by the Expert. Therefore, Expert is encouraged to verify the details and credit-worthiness of those Members to whom Expert gives or contemplates giving advice. Disclaimer of Warranty and Limitation of Liability
THE EXPERT ACKNOWLEDGES AND AGREES THAT EWISDOMTV.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE EXPERT WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS EWISDOM TV IN RESPECT TO EWISDOMTV.COM'S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE EXPERT'S NEEDS. THE USE OF EWISDOMTV.COM IS ACCORDINGLY BEING MADE AT THE EXPERT'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. LIVEPERSON EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF AN EXPERT DECIDES TO PROVIDE EXPERT’S SERVICES THROUGH THE USE OF EWISDOMTV.COM, EXPERT MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS EXPERT WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST EWISDOMTV.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES EXPERT DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF EWISDOMTV.COM. EWISDOM TV WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH EWISDOMTV.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL EWISDOMTV.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. EWISDOMTV.COM, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO EWISDOM TV BY EXPERT THROUGH EWISDOMTV.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. EXPERT ACKNOWLEDGES AND AGREES THAT EWISDOMTV.COM DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY EXPERT (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE EXPERT AS TO EXPERT’S QUALIFICATIONS AND ADVICE PROVIDED BY THE EXPERT) THROUGH THE EWISDOMTV.COM SERVICE AND EXPERT AGREES TO INDEMNIFY AND HOLD EWISDOM TV, INC. HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. EWISDOM TV, INC. WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING EXPERT FEE AGREEMENT. EXPERT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. EXPERT FURTHER ACKNOWLEDGES THAT EXPERT WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM EXPERT PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH EWISDOMTV.COM, EXPERT HEREBY RELEASES EWISDOM TV, INC. AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH EXPERT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH EWISDOMTV.COM. IN ADDITION, YOU AGREE THAT YOU:
- Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member
- Will not prescribe or dispense medicines;
- Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
- Will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;
Additional Expert Representations and Warranties By submitting the Expert registration form, you, the Expert, represent, warrant and agree to the following:
- At all times you, the Expert, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in eWisdomtv.com, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
- You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medial or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
- You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
- You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Expert to maintain and update on a regular basis.
Expert's Conduct:
You, the Expert, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using ewisdomtv.com as and Expert, you will act according to the following rules:
- Expert will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
- As a platform where Expert can offer services, ewisdomtv.com is not involved in any transactions between Expert and Members. Ewisdomtv.com does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, ewisdomtv.com cannot and will not make any effort to verify the identify of any of its Members;
- Expert agrees that any information or content that Expert posts or transmits through eWisdomtv.com will not be considered Expert’s confidential information, but rather this information, whether personal in nature or not, shall be owned by eWisdom TV. Expert further agrees and consents to the Expert’s chats or transcripts, being captured in any format, controlled, processed and shared by eWisdomtv.com with third parties as designated solely by eWisdom TV, Inc.;
- Expert grants eWisdom TV, Inc. an unlimited, irrevocable, royalty-free license to use, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Expert will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Expert will not answer questions from the public board in fields that are not within Expert’s fields of expertise;
- Expert will not mislead Members to believe that he or she can provide a service which is outside Expert’s fields of expertise;
- All interactions between Expert and Member will be billed through eWisdom TV, Inc. regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Members while utilizing eWisdomtv.com;
- All contact between experts, consumers and any other users who are introduced through the eWisdom TV platform must be conducted only through the eWisdom TV platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the eWisdom TV platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event eWisdom TV suspects or determines any such unauthorized contact, eWisdom TV reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
- Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count toward the Expert's public ratings and rating average. eWisdom TV may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. eWisdom TV also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
- Expert will not interfere with or disrupt the eWisdomtv.com site or servers or networks connected to the Site;
- Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
- Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
- Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by eWisdom TV or its officers;
- Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- Expert will not impersonate any person or entity, or make any false statement regarding Expert’s employment, agency or affiliation with any person or entity;
- Expert will not stalk, threaten or harass Members or other Experts or invade or attempt to invade their privacy;
- Expert will not disclose any information that was provided to Expert by a Member and will use his or her best efforts to guard Member's privacy; and
- Expert agrees to comply with all applicable laws regarding use of this Site. Expert may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of eWisdom TV or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
eWisdom TV may review the Expert's personal profile and amend any typing or spelling errors. eWisdom TV cannot and will not verify or examine the truthfulness or accuracy of the details in the Expert’s personal profile, credentials, qualifications, or any of Expert’s postings or transmissions. However, eWisdom TV may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, eWisdom TV may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting material utilizing eWisdomtv.com, including reliance on its accuracy, reliability or legality. Expert and eWisdom TV Fees
eWisdom TV will use reasonable efforts to process the Member's credit card for the amount agreed upon between Members and Expert within seven (7) working days from the execution date of each transaction.
Starting March 1, 2010, eWisdom TV's commission structure (the "eWisdom TV Commission") will be as follows:
Ask a Question and/or Answers on Demand Sessions
New Experts
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40%
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| Experts with over 250 replies |
80% |
Video Commissions
The eWisdom TV Commission for Ask a Question or Answers on Demand Sessions remains at the rate identified above regardless of the session amount. The eWisdom TV Commission for e-mail sessions applies to each individual e-mail session, and not to accumulated Expert Fees.
eWisdom TV reserves the right to modify the eWisdom TV Fees at any time without prior notice. However, eWisdom TV will use reasonable efforts to notify the Expert in advance of any such change via e-mail and/or messages in the Expert's "Mailbox," found under the "My Channel" menu, and/or posting modifications to the Site.
The eWisdom TV Commission will be deducted from any Expert Fees or other payment that will be received by eWisdom TV and credited to the Expert's account immediately upon receipt of such payment. Within thirty (30) days following the end of each month, eWisdom TV will deliver payment to Expert as follows: the Expert Fees actually received by eWisdom TV in the prior month less the applicable eWisdom TV Commission and applicable tax or withholding taxes (if there is any). However, if the payment to Expert for any given month would be less than $25, eWisdom TV may hold such payment to Expert until the amount due is equal to or exceeds $25. eWisdom TV will send the Expert payment via PayPal. Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Expert’s participation in ewisdomtv.com.
Notwithstanding the foregoing, Expert authorizes eWisdom TV to withhold, in its discretion, payments to Expert of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if eWisdom TV reasonably believes that fraudulent activity may have occurred in connection with payment, until eWisdom TV is able to verify that no such activity has occurred.
eWisdom TV's billing system is not error-free, and eWisdom TV shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her complaint to accounting@ewisdomtv.com within 30 days of discovery of such mistake. If for any reason the Member has not paid the Expert Fee or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to eWisdom TV, and eWisdom TV has the right to deduct this amount from the Expert's account or from the following payments to be made from eWisdom TV to Expert. For Experts who simultaneously participate as Members, eWisdom TV shall be entitled to transfer or set-off payments from an Expert’s pending earnings against such Expert’s outstanding balance as a Member.
User Name and Password
When you, the Expert, create and open an account with eWisdom TV, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify eWisdom TV of any unauthorized use of your password, user name, e-mail or any other breach of security. eWisdom TV encourages Experts to change their password at least once a month.
eWisdom TV will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by eWisdom TV due to someone else’s use of your account or password.
Expert Information
Expert does not have to furnish the information required for registration in ewisdomtv.com. However, without that information, Expert will not be able to use eWisdom TV's services. eWisdom TV Inc. is the sole owner of the information collected on this Site. eWisdom TV will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that eWisdom TV may collect, process, and transfer any information, private or otherwise, so long as eWisdom TV does so for the purpose for which it was collected.
In order to use ewisdomtv.com, both Members and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Expert about the services on ewisdomtv.com for which he or she has expressed interest, and is also used as Expert's login information. Expert is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so eWisdom TV may provide a more personalized experience on the Site. In such case Expert may decide whether he or she wishes to provide such information or not.
The information furnished by the Expert during the registration process will be kept in eWisdom TV's database. eWisdom TV will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and eWisdom TV will therefore not be liable for any direct, indirect, consequential or incidental damage that the Expert may sustain due to unauthorized intrusion to the database. Expert consents to eWisdom TV collecting and processing Expert's personal information for normal business use by eWisdom TV.
Expert and Member Communication
The main purpose of eWisdom TV is to provide a platform for registered Experts to provide Members with “how to” instructional videos and advice that they seek. By utilizing ewisdomtv.com Experts and Members can negotiate and enter into a contract for video instruction on a subject or advice. eWisdom TV does not screen or edit the content of communications between Experts and Members, but eWisdom TV may screen, copy, transmit and review all communications conducted by or through ewisdomtv.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Experts and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
eWisdom TV makes a Public Board available to its Experts and Members. The Public Board allows Members to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. All postings, descriptions, etc. are public until a Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other eWisdom TV Members and are confidential between the Expert and Member. Transcripts of chat and e-mail communications between Members and Experts are stored on eWisdom TV servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. eWisdom TV clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
Cookies
eWisdom TV makes use of cookies to store information. A cookie is a piece of data stored on the Expert's hard drive containing information about the Expert. For instance, by accepting a cookie by ewisdomtv.com, Expert will not have to enter his or her login information (his or her e-mail and password) every time he or she logs into his or her account, thereby saving time while on eWisdomtv.com. If the Expert rejects the cookie, he or she may still use ewisdomtv.com; however, the Expert will simply have to login each time he or she visits the Site. Cookies can also be used to enable eWisdom TV to track and target the interests of Expert in order to enhance his or her experience on ewisdomtv.com. Of course, if the Expert shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Expert's communications with Members and ewisdomtv.com. If Expert shares a computer with others, Expert should either disable cookies or enable cookies but sign out of eWisdom TV when Expert no longer uses the computer or when someone else is going to use that same computer.
eWisdom TV Use of Data
eWisdom TV uses Google analytics to analyze trends, administer the site, track Expert's movements on the site, and gather broad demographic information for aggregate use. eWisdom TV may also retain any e-mails, letters or other correspondence between Expert and eWisdom TV to ensure quality control and the best possible service, although it has no obligation to do so.
eWisdom TV may use the information furnished by the Expert, as well as information that it collects regarding use patterns and transactions that are conducted through eWisdomtv.com, in order to improve ewisdomtv.com, to analyze statistical information regarding ewisdomtv.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.
eWisdom TV may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to ewisdomtv.com at the point where eWisdom TV asks for such information. eWisdom TV's registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Experts can always choose to opt-out by following the appropriate mechanism from within Expert's eWisdom TV account.
eWisdom TV may use the details of transactions executed through LivePerson.com for promotional and informational purposes and publish their details on ewisdomtv.com, provided that such publication will not identify the Expert or Member in any means other than their Screen Name.
Currently, eWisdom TV does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. eWisdom TV will use a credit card processing company to bill users for use of the eWisdom TV service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
eWisdom TV reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, eWisdom TV will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
eWisdom TV may assign, transfer, rent, sell or lease its database, without giving the Expert any prior notice, to any other subsidiary of eWisdom TV's holding company, eWisdom TV's subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify eWisdom TV's privacy policy. eWisdom TV may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between eWisdom TV and the Expert. In addition, eWisdom TV may disclose personally identifiable information to the Member or to public authorities to deal with emergency situations or situations where the Expert's safety may be in jeopardy.
eWisdom TV may, in its discretion, create co-branded Web sites with its partners. In such case, the Expert listings may appear in the co-branded site, but eWisdom TV will not transfer any personally identifiable information about the Expert to the other Web site without receiving the Expert's prior consent. Unless Expert agrees otherwise all personally identifiable information is stored solely by eWisdom TV.
General
If an Expert wishes to update his or her personally identifiable information, such as a mailing address, or if an Expert no longer desires eWisdom TV's service, eWisdom TV will endeavor to provide a way to correct, update or opt-out of any of eWisdom TV's services. This can usually be done from within the Expert’s eWisdom TV account, or by e-mailing Customer Support at customerservice@ewisdomtv.com.
If the Expert has any questions about eWisdom TV's privacy statement, the practices of ewisdomtv.com or your dealings with eWisdom TV, please contact customerservice@ewisdomtv.com.
International Users
eWisdom TV makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Links
ewisdomtv.com may contain links to Web sites operated by third parties. eWisdom TV has no control over such sites and the information provided in them. Expert acknowledges and agrees that eWisdom TV is not responsible for the availability of such third party Web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Expert warrants and agrees that eWisdom TV will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party Web sites. eWisdom TV encourages Expert to be aware when he or she leaves ewisdomtv.com and to read the privacy statements of each and every Web site that collects personally identifiable information.
Advertisements
eWisdom TV may include in ewisdomtv.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Expert acknowledges and agrees that eWisdom TV is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of ewisdomtv.com
eWisdom TV reserves the right to modify or discontinue, temporarily or permanently, the services in eWisdomtv.com, with or without notice to Expert. Expert agrees that eWisdom TV shall not be liable to Expert or any third party for any modification or discontinuance to ewisdomtv.com's services, or for any losses or damages that may result to Expert or his or her Members from such discontinuation or interruption of service.
eWisdom TV's services depend upon different factors such as: software, hardware and communications networks of eWisdom TV , its contractors and suppliers. Hence, eWisdom TV cannot guarantee that ewisdomtv.com will not be interrupted, or that it will be timely, secure or error-free.
eWisdom TV, in its sole discretion and for any reason, may terminate Expert's participation in eWisdom TV.com and refuse any and all current or future use by Expert of ewisdomtv.com.
Termination of Account by Expert
Expert may terminate their Agreement with eWisdom TV at any time by sending a signed notice to eWisdom TV via mail or fax. E-mails will not be accepted. eWisdom TV shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his or her own account for any desired period of time from within their eWisdom TV account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Intellectual Property
eWisdom TV is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in ewisdomtv.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
Expert may not operate robots or spiders to scan ewisdomtv.com's database. Expert may use "deep linking" only to his or her personal Web page within ewisdomtv.com but not to any other part thereof. Expert may not view ewisdomtv.com with a graphic user interface different from the one designed by eWisdom TV.
ewisdomtv.com contains copyrighted material, trade secrets and proprietary information owned by eWisdom TV. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of ewisdomtv.com. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of eWisdom TV. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in ewisdomtv.com.
The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of eWisdom TV's and ewisdomtv.com, or take any other action which infringes or impairs eWisdom TV's trademark rights.
eWisdom TV shall retain all ownership in and to ewisdomtv.com and all content displayed on the ewisdom.com Web site including copies of data transferred or received by Expert on the site.
Copyright Policy
To report abuse, harassment, inappropriate content, or privacy complaints,CopyrightAgent@eWisdomTV.com
To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
- Include a statement telling us that you have found a video on eWisdom TV™ that you believe infringes your copyright (for example, "I hereby confirm that I believe the video identified below infringes my copyright").
- Tell us which country your copyright applies to.
- Tell us the title of the video concerned and include the full URL for its playback page.
- Explain to us how the video infringes your copyright (e.g. the sound is copied, the entire video is a copy of an original work made by you, etc.)
- Identify the type (e.g. a film, a piece of music, a book, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
- Provide your contact information so that we can get in touch with you (email address is preferred).
- Provide your contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
- I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
If you prefer to contact us via postal mail, email, or fax, you may do so here.
Make sure you know whether the content that you have seen on eWisdom TV™ infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process. Don't make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification
If you elect to send us a counter notice, click here to access the instructions.
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination and removal, in appropriate circumstances, of subscribers who are repeat infringers.
Here are the instructions:
Copyright Claim Disputes: Filing a counter-notification
When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. If we remove one of your videos, we will email you, and place a note in your account at http://eWisdomTV™.com/account#manage/status_copyright
If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages.
There are two processes for counter-notifications:
- DMCA counter-notification
- International counter-notification
If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification.
International claimants in some countries may submit claims under a slightly different process. In these cases, while the DMCA counter-notification is still acceptable, a user who does not live in the United States may alternatively respond with an international counter-notification.
The chief difference is that the DMCA process requires that the user consent to the jurisdiction of a United States Court.
How do I file a DMCA counter-notification?
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that eWisdom TV has removed or to which eWisdom TV™ has disabled access.
- Your full name, address, telephone number, and email address, and the username of your eWisdom TV™ account.
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which eWisdom TV™ is located, and will accept service of process from the claimant."
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
Submission
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Direct email should be addressed to CopyrightAgent@eWisdomTV.com, with Subject: eWisdom TV DMCA Counter-Notification
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on eWisdom TV™. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.
How do I file an International* counter-notification?
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
Elements of Counter Notification
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that eWisdom TV™ has removed or to which eWisdom TV™ has disabled access.
- Your full name, address, telephone number, email address and the username of your YouTube account.
- The statement "I will accept service of process from the person who provided YouTube with the original copyright complaint or an authorized agent of such person."
- The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
Submission
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Direct email should be addressed to CopyrightAgent@eWisdomTV.com, with Subject: eWisdom International Counter-Notification
What happens next?
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion.
*If you have questions about the originating locale of the complaint against your video, please email copyright@eWisdomTV.com
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.
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Violation:
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