Messer Studios Terms of Service

Your Acceptance

Welcome to Messer Studios at www.professormesser.com (“Website”). This Website and the Content herein are provided to you subject to these terms and conditions. This is a contractual agreement between you and Messer Studios. Your access and use of this Website constitutes your acceptance of these Terms of Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version by visiting http://www.professormesser.com. Messer Studios may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Eligibility
The Website is intended solely for persons who are 18 or older. Any access to or use of the Website by anyone under 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 or older.

Restrictions on Use
“Content” means all text, comments, images, graphics, photos, video or audiovisual files, white papers, datasheets, documents, informational materials, products, software and services offered via the Website such as the Messer Studios member areas, the Messer Studios video player, as well as other applications provided via the Website by Messer Studios.

In addition to the general restrictions below, the following restrictions and conditions apply specifically to your use of Content on the Website.

Subject to your compliance with the terms and conditions of these Terms of Service, Messer Studios provides Content to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, used, or otherwise exploited in any manner not intended by the normal functionality of the Website without the prior written consent of Messer Studios. Messer Studios reserves all rights not expressly granted in and to the Website and the Content.

Accounts, Passwords and Security
To access the Website or some of its resources and services, you may be asked to provide certain registration details or other information to open an account. It is a condition of your use of the Website that all the information you provide on the Website will be correct, current, and complete. If Messer Studios believes the information you provide is not correct, current, or complete, Messer Studios has the right to refuse you access to the Website or any of its resources and services, and to terminate or suspend your access at any time.

If you open an account, you are responsible for maintaining the confidentiality of your account and password and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You also agree to accept responsibility for all activities that occur under your account or password. You must notify Messer Studios immediately of any breach of security or unauthorized use of your account. Messer Studios will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Messer Studios considers insecure, Messer Studios will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Website to compromise security; or tamper with, circumvent, disable or otherwise interfere with security-related features of the Website, system resources, accounts, and/or Content. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Messer Studios reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Messer Studios reserves the right to investigate suspected violations of these Terms of Service.

Messer Studios reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Messer Studios to disclose the identity of anyone violating these Terms of Service.

Refusal and Termination of Service
Messer Studios reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Terms of Service.

Intellectual Property Rights
You may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. No intellectual property rights or licenses are granted to you by access to the Website or otherwise.

A. Copyrights
Unless otherwise stated, Messer Studios owns the copyright in this Website and the Content thereof. The Content is protected by federal and international copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Website.

You may display and download portions of the Website and its Content solely for your own personal, non-commercial use. You agree that the Website and its Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Messer Studios. All other uses of the Content on this Website are strictly prohibited by law.

B. Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website and its Content are trademarks or service marks of Messer Studios in the U.S. and other countries. Messer Studios trademarks and service marks may not be used in connection with any product or service that is not Messer Studios’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Messer Studios. Messer Studios trademarks and service marks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of Messer Studios. All other trademarks, service marks, and trade names that appear in the Website or its Content are the property of their respective owners and are used by virtue of a right or license from their respective owners.

C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for Messer Studios:

James Messer
Messer Studios
2910 Kerry Forest Parkway, #D4-230
Tallahassee, FL 32309
[email protected]

To be effective, the notification must be a written communication that includes the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this Website;

(iii) A reasonably detailed description of where the alleged infringing material is located on this Website;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

D. Counternotice
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

(i) Your physical or electronic signature;

(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Third Party Content and Conduct
You may submit content (“Third Party Content”) to Messer Studios. Messer Studios does not guarantee any confidentiality with respect to any Third Party Content.

You shall be solely responsible for your Third Party Content and the consequences of posting or publishing them. In connection with Third Party Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Messer Studios to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Third Party Content to enable inclusion and use of the Third Party Content in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your Third Party Content. However, by submitting Third Party Content to Messer Studios, you hereby grant Messer Studios a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Third Party Content in connection with the Website and Messer Studios’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Third Party Content through the Website, and to use, reproduce, distribute, display and perform such Third Party Content as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Messer Studios may retain, but not display, distribute, or perform, server copies of Third Party Content that have been removed or deleted. The above licenses granted by you in Third Party Content are perpetual and irrevocable.

You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Messer Studios all of the license rights granted herein. Messer Studios does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Messer Studios will remove all Third Party Content if properly notified that such Third Party Content infringes on another’s intellectual property rights. Messer Studios reserves the right to remove Third Party Content without prior notice.

Messer Studios does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Any opinions, advice, statements, services, offers, events or other information or content expressed or made available through the Website by third parties (including information providers) are those of the respective author(s) or distributor(s) and not of Messer Studios.

Links
The Messer Studios Website may contain links to third party websites or resources that are not owned or controlled by Messer Studios. Messer Studios has no control over, and assumes no responsibility or liability for: (1) the content, products, or services on or available from such websites or resources; or (2) the availability, reliability, quality, content, nature, or accuracy of such websites or resources. Messer Studios does not endorse any of the third party websites or resources to which it links from the Website.

General Use of the Website—Permissions and Restrictions
The Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of these Terms of Service are strictly prohibited. Examples of information, data or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful, harassing, or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal import/export restrictions in connection with this Website or its Content made available on the Website is strictly prohibited. Using the Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.

In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:

  • You agree not to access Messer Studios Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Messer Studios may designate.
  • Use, display, mirror, frame or utilize framing techniques to enclose the Website, or any individual element or materials within the Website, Messer Studios’ name, any Messer Studios trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Messer Studios’ express written consent;
  • Copy, modify, adapt, improve, enhance, or make any derivative work from the Website or its Content, including but not limited to Messer Studios’ video player or any of its related technologies, in whole or in part;
  • Distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or its Content, in whole or in part;
  • Access, tamper with, or use non-public areas of the Website, Messer Studios’ computer systems, or the technical delivery systems of Messer Studios’ providers;
  • Attempt to probe, scan, or test the vulnerability of any Messer Studios’ system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Messer Studios or any of Messer Studios’ providers or any other third party (including another user) to protect the Website or its Content;
  • Attempt to access or search the Website or its Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Messer Studios or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or Opera);
  • Notwithstanding the foregoing, Messer Studios grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Messer Studios reserves the right to revoke these exceptions either generally or in specific cases.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text, code or metadata utilizing a Messer Studios trademark, logo URL or product name without Messer Studios’ express written consent;
  • Use the Website or its Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service or expressly authorized by Messer Studios in writing. Prohibited commercial uses include, but are not limited to, the following:
    • Sale of access to the Website or its Content on another website;
    • Use of the Website or its Content for the primary purpose of gaining advertising or subscription revenue;
    • Sale of advertising, on the Website or any third-party website, targeted to Messer Studios Content;
    • Use of the Website or its Content that Messer Studios finds, in its sole discretion, to use Messer Studios resources with the effect of competing with or displacing the market for Messer Studios, the Website, or its Content.
  • Forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Website or its Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or its Content;
  • Interfere with, or attempt to interfere with, the access of any user, host, hardware, system or network connected to the Website, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
  • Collect or harvest any personally identifiable information, including account names and e-mail addresses, from the Website;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Messer Studios will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Website security issues, to the fullest extent of the law. Messer Studios may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service or applicable law. You acknowledge that Messer Studios has no obligation to monitor your access to or use of the Website or Content, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Messer Studios reserves the right, at any time and without prior notice, to remove or disable access to any Content.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROFESSOR MESSER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PROFESSOR MESSER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MESSER STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MESSER STUDIOS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MESSER STUDIOS, ASSUME THE ENTIRE RISK AND COST IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. MESSER STUDIOS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

MESSER STUDIOS DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
NO ADVICE, OPINION, STATEMENT OR OTHER INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE WEBSITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

MESSER STUDIOS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THIS WEBSITE.

All of the information on the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and Messer Studios does not undertake any obligation to update such information after it is posted or to remove such information from the Website if it is not, or is no longer, accurate or complete.

The Website is controlled and offered by Messer Studios from the United States of America. Messer Studios makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Limitation of Liability
MESSER STUDIOS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MESSER STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MESSER STUDIOS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MESSER STUDIOS FOR THE APPLICABLE CONTENT OUT OF WHICH LIABILITY AROSE.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Messer Studios’ liability will be limited to the fullest extent permitted by applicable law.

If you are dissatisfied with any portion of the Website, or with these Terms of Service or any other policy applicable to the Website, your sole and exclusive remedy is to discontinue using the Website. This sole and exclusive remedy is separate and independent of any other provision that limits Messer Studios’ liability or your remedies.

YOU SPECIFICALLY ACKNOWLEDGE THAT MESSER STUDIOS SHALL NOT BE LIABLE FOR THIRD PARTY CONTENT OR CONDUCT AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity
You agree to defend, indemnify and hold harmless Messer Studios, its subsidiaries, affiliates, licensors, service providers, content providers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Professor Messer’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Modification
Messer Studios may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Messer Studios may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

You agree that: (i) the Messer Studios Website shall be deemed solely based in Florida; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Messer Studios, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Messer Studios that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Leon County, Florida. These Terms of Service and any other legal notices published by Messer Studios on the Website shall constitute the entire agreement between you and Messer Studios concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Messer Studios’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MESSER STUDIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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