Video Widget Terms of Use
The Market News Video Widget (the "Widget") provides access to content provided by Market News Video
and its affiliates and third party advertisers (collectively, the "Widget Content").
These Widget Terms of Use govern your use of the Widget. Please read these Widget Terms of Use
very carefully before you use the Widget. Use of the Widget indicates that you accept these Widget Terms of Use. If you do not accept these
Widget Terms of Use, please do not use the Widget. These Widget Terms of Use may be changed at any time without notice. If you object
to any such changes, your sole recourse is to stop using the Widget and remove the Widget (and all associated code) from your website.
Your continued use of the Widget after such changes are posted shall constitute your agreement to such changes
Widget and Widget
Content
The Widget is a tool which you may place on your website which allows visitors to your website to access and view the Widget
Content. The Widget Content may include without limitation thumbnail graphics, headlines which link to full videos, and advertisements.
The Widget consists of the Widget Content, and as well as all software
files or images incorporated in, or generated by, the Widget and any and all data and html embedded code that accompanies the Widget, and any
upgrades, enhancements, modifications, updates and revisions of such software and code. If you object to any of the Widget Content for any
reason, your sole recourse is to stop using the Widget and to remove the Widget (and all associated code) from your
website.
License and Restrictions on Use
Subject to your compliance with these Widget Terms of Use, Market News Video
hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your
website solely for your own use as permitted by these Widget Terms of Use. You are not licensed to use the Widget for any other purpose, and
nothing in these Widget Terms of Use shall be deemed to grant you any right, title or interest in the Widget except as expressly stated in
these Widget Terms of Use.
In particular, you may not use the Widget to offer or promote any products or services for sale. The Widget (including the software contained
therein) and the Widget Content are protected under United States and international copyright laws, are subject to other intellectual property
and proprietary rights and laws, and are owned or licensed by Market News Video or its partners.
Subject to the express parameters
of this limited license, the Widget, the Widget Content and any proprietary rights, notices or markings may not be copied, modified, deleted,
reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior
written permission in each instance, from Market News Video.
In addition, the Widget Content may not be used in any manner that would constitute an endorsement
(whether express or implied) by any person or entity of any product, service, activity or brand contained on your website.
Placement
of the Widget
The Widget may be placed on your website only. Market News Video prohibits the placement of the Widget on websites
that include
content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by
Market News Video in its sole discretion. You are responsible for all activity related to or content provided on your website.
Ownership/Attribution
Market News Video retains all ownership and other rights in the Widget
Content and the Market News Video logos and trademarks. All rights reserved.
All other trademarks appearing in the Widget Content are the property of their
respective owners. Market News Video may use data capture, syndication analysis and other similar tools to track, extract, compile,
aggregate and analyze any data or information resulting from your use of the Widget.
No Warranty
MARKET NEWS VIDEO DISCLAIMS ANY
LIABILITY FOR ANY HARM
RESULTING FROM YOUR USE OF THE WIDGET. THE WIDGET IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
MARKET NEWS VIDEO EXPRESSLY DISCLAIMS TO THE FULLEST
EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
MARKET NEWS VIDEO FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE WIDGET. YOUR USE OF THE WIDGET IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF WIDGET.
Limitation of
Liability
NEITHER MARKET NEWS VIDEO NOR ITS PARTNERS SHALL BE LIABLE BASED ON OR FROM YOUR USE OF THE WIDGET. THIS LIMITATION OF
LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
MARKET NEWS VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIDGET, FROM INABILITY TO USE THE
WIDGET OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO
CIRCUMSTANCES SHALL MARKET NEWS VIDEO BE LIABLE TO YOU. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
Termination
You may terminate the license granted herein at any time by ceasing to use the Widget and destroying and
purging from your computer systems all copies of the Widget and associated code from your website, all hard drives, networks, and
other storage media. Market News Video may, without liability, restrict, suspend or terminate the Widget, and/or revoke the license granted
herein at any
time by suspending access from your website.
Right to Discontinue the Widget
Market News Video
reserves the right, in its sole discretion, to discontinue providing the Widget at any time and to require you to cease displaying,
distributing or otherwise using the Widget for any reason including, without limitation, your violation of any provision of these Widget Terms
of Use. Neither Market News Video, nor any of its affiliates, sponsors or licensees
assume any liability for any of your activities in connection with the
Widget or for your use of the Widget in connection with your website. You agree to indemnify, defend and hold
Market News Video harmless from and against
any claims arising from such activities or use, your breach of these Widget Terms of Use or your violation of any law or the rights of a third
party. In addition, if you use, or attempt to use the Widget in a manner that extends beyond the scope of the license granted in these Widget
Terms of Use, or if you tamper with, hack, spoof, copy, distribute, modify, or otherwise corrupt the administration, security, or proper
function of any part of the Widget, you may be subject to legal and equitable action.
General Provisions
By signing up for the widget, you are granting BNK Invest, Inc. the right to use the name of your company, web site and/or
your URL(s) on our web site, in press releases, promotions, marketing materials or for any other purpose to demonstrate usage
of the Video Widget by example sites.
These Widget Terms
of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws or
provisions of New York or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated
in the federal or state courts located in New York. If for any reason a court of competent jurisdiction finds any provision or portion of these
Widget Terms of Use to be unenforceable, the remainder of these Widget Terms of Use will continue in full force and effect. These Widget Terms
of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter.
By clicking "I accept" and
using the Widget, you, on behalf of your company where applicable, agree to be bound by these Widget Terms of Use. You represent and warrant
that you have full right, power and authority to accept these Widget Terms of Use on behalf of your company where applicable.
I ACCEPT THESE TERMS