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Sowers, LLC ("Sowers," "we," or "us") offers an application through its website and/or through other sources (collectively, the "Sowers Site" or "Sowers Service"). By registering, accessing, streaming, or viewing any content through the Sowers Service, you accept these Terms of Use ("Agreement"), which forms a binding agreement between you and Sowers. If you do not wish to be bound by this Agreement, do not use the Sowers Service.
AGE REQUIREMENT: You must be at least 13 years old to use the Sowers Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Sowers Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Sowers Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Sowers Service. If your child is using the Sowers Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
LICENSE: Sowers grants you a limited, non-exclusive license to access and use the Sowers Service. This includes the right to view content available on the Sowers Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
INTELLECTUAL PROPERTY: All copyright, trademarks, patents and other intellectual property rights (registered and unregistered) in and on the Sowers Services belong to Sowers and/or third parties (which may include you or other users.) Sowers reserves all of its rights in Sowers Services. Nothing in this Agreement grants you a right or license to use any copyright, trademark, patent or other intellectual property right owned or controlled by Sowers or any other third party except as expressly provided herein.
COMMERCIAL USE: You may not charge any person whatsoever to view or use the Sowers Service.
RESTRICTIONS: Except as expressly permitted by Sowers in writing, you will not copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Sowers Service or any source code therein. You will not attempt to circumvent any of Sowers's technical measures or take any measures to interfere with or damage the Sowers Service. All rights not expressly granted by Sowers are reserved.
REGISTRATION: When prompted, you must provide complete and accurate registration information to Sowers and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Sowers Service. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Sowers SERVICES: Please see our subscription pages for current features and pricing for Sowers Services. Features and prices are subject to change. Streaming limits are calculated at the sole discretion of Sowers. We reserve the right to charge for excessive use of bandwidth beyond the suggested uses of each offering. Users who wish to obtain additional storage capacity, or additional bandwidth for applications may either upgrade service or request a custom account by contacting us. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: All purchases are final and all fees paid are non-refundable, even if your account is later terminated by Sowers. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription, or as Sowers may determine from time to time. You may decline to renew at any time prior to the commencement of a renewal subscription. Sowers reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
TERM: This Agreement begins on the date you first use the Sowers Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Sowers may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Sowers determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Sowers's reputation and goodwill, at the sole discretion of Sowers. If Sowers deletes your account for the foregoing reasons, you may not re-register for the Sowers Service. Sowers may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Sowers will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Sowers shall not be responsible for the loss of such content.
CONTENT RESTRICTIONS: You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
LICENSE TO Sowers: As between you and Sowers, you own any content ("videos") that you submit to the Sowers Service. By submitting a video, you grant Sowers and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Sowers Service; (ii) displaying the video on third party websites and applications through a video embed or Sowers's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the Sowers Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Sowers Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Sowers Service, in which case the licenses will terminate within a commercially reasonable period of time. Please note that removed videos may be cached in search engine indices after removal and that Sowers has no control over such caching.
NON-VIDEO CONTENT: As between you and Sowers, you own all non-video content that you submit to the Sowers Service. You grant Sowers and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Sowers Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Sowers on improving or adding new features to the Sowers Service, Sowers shall have the right to use your suggestions without any compensation to you.
REPRESENTATIONS AND WARRANTIES: For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Sowers and grant the licenses set forth above; (ii) Sowers will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
INDEMNIFICATION: You will indemnify, defend, and hold harmless Sowers and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Sowers Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Sowers violates any law or infringes any third party right, including any intellectual property or privacy right.
DMCA NOTICE/THIRD-PARTY COPYRIGHTS: Sowers respects the intellectual property rights of others. If you believe that your copyright or other intellectual property has been infringed, please send us a notice and we will respond according to all applicable laws, including the DMCA.
DISCLAIMERS: Sowers reserves the right to modify the Sowers Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Sowers Service. Sowers has no obligation to screen or monitor any content and does not guarantee that any content available on the Sowers Service complies with this Agreement or is suitable for all users.
Sowers expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Because other factors outside of Sowers's control dictate how well content and information can be disseminated (including without limitation connection to the internet by a content provider and the connection to the internet by the person viewing the content), Sowers makes no representations or warranties that the Sowers Service will be permitted in your jurisdiction; that the Sowers Service will be uninterrupted or error-free; concerning any content submitted by any member; concerning any third party's use of content that you submit; that any content you submit will be made available on the Sowers Service or will be stored by Sowers; that Sowers will continue to support any particular feature of the Sowers Service; or concerning sites and resources outside of the Sowers Service, even if linked to from the Sowers Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Sowers Service, and no warranties shall apply after such period.
LIMITATION OF LIABILITY: To the fullest extent permitted by law: (i) Sowers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Sowers's total liability to you shall not exceed the amounts paid by you to Sowers over the twelve (12) months preceding your claim(s).
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Oklahoma, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Sowers Service must be commenced in the state or federal courts located in Oklahoma County, Oklahoma, United States of America (and you consent to the jurisdiction of those courts). In any such action, Sowers and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Sowers in exercising any right hereunder will waive any further exercise of that right. Sowers's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Sowers's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Sowers electronically. Sowers may provide all such communications by email or by posting them on the Sowers Service. You may send notices of a legal nature to Sowers at the following address:
Sowers
Sowers, LLC
1008 S Bryant Ave, Suite 130
Edmond, OK 73104
Nothing herein shall limit Sowers's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Use posted by Sowers on the Sowers Site or a written amendment signed by an authorized representative of Sowers. A revised Terms of Use will be effective as of the date it is posted on the Sowers Site.
ENTIRE AGREEMENT: This Agreement, which includes the Sowers Privacy Policy available for viewing on the Sowers Site, constitutes the entire understanding between Sowers and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.