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This AWWA Video Streaming Service Terms of Use (the “TUS “) is entered into by and between the American Water Works Association (“AWWA,” “we,” “us,” or “our”) and you, our subscriber (“you” or “your”). AWWA provides AWWA produced videos (“Content”) made available on this streaming service, as well as the streaming service features and functionalities, recommendations and reviews, the website, user interfaces, and all content and software associated with our service (“Services”, and together with Content collectively the “AWWA Video Streaming Service”) solely subject to the terms and conditions of this TUS. This TUS governs your use of the AWWA Video Streaming Service.

 

1. AGREEMENT TO BE BOUND BY THE TUS

1.1 By creating an account, searching, or viewing available Content, making a purchase, streaming Content, clicking on any “I consent,” “I agree,” or “I accept,” “continue” or other similar online indications of assent, or otherwise visiting or using any aspect of the AWWA Video Streaming Service, you accept this TUS and consent to be bound by its terms.

1.2 You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber to the AWWA Video Streaming Service or to complete and submit an enrollment account.

1.3 If you are a company or other organization (“Organization”), you must register for and select an Organization Subscription. The individual at the Organization who registers the account or otherwise uses the AWWA Video Streaming Service on behalf of the Organization must have the authority to bind the Organization. Whether the subscriber choosing to subscribe to the AWWA Video Streaming Service is an individual or an Organization, “you” and “your” refers to the individual subscriber, the Organization, and each person who accesses the AWWA Video Streaming Service through the registered account created to become a subscriber to the AWWA Video Streaming Service.

1.4 We may update this TUS by posting a revised version on the AWWA Video Streaming Service. It is your responsibility to periodically review and familiarize yourself with any revised version of this TUS, especially after receiving notice of such new version. By continuing to use the AWWA Video Streaming Service after revisions have been posted, you accept and agree to be bound by the TUS as so revised.

 

2. GRANT OF RIGHTS

2.1 During the term of your subscription, AWWA grants you the limited, non-exclusive, non-transferable right to access and use the AWWA Video Streaming Service. This includes the right to search for and stream Content, and the right to use all functionality in the AWWA Video Streaming Service, in each case based on the subscription tier and duration you have selected and purchased. Except for the foregoing, no right, title or interest in any aspect of the AWWA Video Streaming Service is granted to you.

2.2 The AWWA Video Streaming Service and any Content viewed through the AWWA Video Streaming Service are for your use, may be accessed and streamed at only one site, and may not be accessed at or through more than one site during your subscription.

2.3 The duration of your subscription, the Content available to you, and the features and functionality in the AWWA Video Streaming Service you may access and use, and how many individuals within an Organization may access and use the AWWA Video Streaming Service, will depend on your selected subscription type and tier. AWWA reserves the right at any time to discontinue availability of any Content or feature on the AWWA Video Streaming Service, or to add Content or availability, either at the same subscription tier or as an optional add-on you may and gain access to only by choosing to subscribe to them. If you have purchased a subscription for a fee, we will endeavor to provide at least the Content and features that were available at the time you originally subscribed to, or renewed your subscription to, whichever is later, until expiration of the current term of your subscription.

 

3. RESTRICTIONS AND PROHIBITIONS

3.1 You agree to access and use the AWWA Video Streaming Service, including all Content, features and functionalities associated therewith, and all content and features materials on the website where the AWWA Video Streaming Service is hosted and is accessible, in accordance with all applicable laws, rules and regulations, restrictions on use of the service, your other governing contracts and obligations, these TUS and all other applicable policies posted on AWWA’s website.

3.2 You may not archive, download, reproduce, record, copy, distribute, modify, display, perform, publish, license, create derivative works from, modify, or offer for sale Content contained on or obtained from or through the AWWA Video Streaming Service.

3.3 You may not attempt to circumvent, remove, alter, deactivate, degrade or thwart any of the security, authentication or access protections in the AWWA Video Streaming Service; use any robot, spider, scraper or other automated means to access the AWWA Video Streaming Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through or embedded in the AWWA Video Streaming Service; insert any code or product or manipulate the Content or any other aspect of the AWWA Video Streaming Service; submit an unreasonable number of requests to our servers; or use any data mining, data gathering or extraction method.

3.4 You may not attempt to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the AWWA Video Streaming Service, including any software viruses or any other computer code, files or programs.

3.5 Any violation of the terms in this Section 3 will be a material breach of this TUS, and may result in immediate termination of your subscription without prior notice or opportunity to cure, which shall be in addition to all other legal and equitable remedies available to AWWA.

 

4. ACCOUNTS

4.1 You may establish an account to access the AWWA Video Streaming Service and may subscribe to an “Individual Subscription” or an “Organization Subscription” depending on for whom you wish to acquire access rights to the AWWA Video Streaming Service. You are responsible for all activity that occurs under your account, including unauthorized activity. You are responsible for the acts and omission of all employees, contractors, agents, and anyone who gains access to or views Content through or as a result of your account, in relation to the AWWA Video Streaming Service. You must safeguard the confidentiality of your account logins, passwords, and other credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately. You must defend, indemnify, and hold AWWA harmless from and against any costs, losses, damages, and liabilities, including reasonable attorneys’ fees and costs, AWWA incurs as a result of any act or omission occurring through your account.

4.2 You are responsible for updating and maintaining the accuracy and completeness of the information you provide to AWWA in connection with establishing your account. We can terminate your account or place your account on hold in order to protect you, AWWA, or our partners from any suspected security breach, identity theft or other fraudulent activity. AWWA is not obligated to extend you a credit or discount for exercising its rights under this TUS.

 

5. SUBSCRIPTIONS TIERS

5.1 Before gaining access to the AWWA Video Streaming Service, and before any renewal of your subscription, you will be required to pay in full all subscription fees and applicable taxes corresponding to the subscription type and tier you have selected. Subscription fees may include a fixed monthly or annual fee, and other variable fees for line item features and functionality you may choose as add-ons and subscribe to from time to time. All our advertised prices and features are subject to change at any time.

5.2 We may offer a temporary free-trial or discounted subscriptions. When a free-trial period ends, your access to the AWWA Video Streaming Service will terminate unless you select and pay for a subscription. If we provide a discount for the first subscription period, the discount will apply only for the initial subscription but not to subsequent renewals.

5.3 All subscriptions are during their term non-cancellable and the paid fees are non-refundable, unless AWWA has materially breached this TUS and failed to cure the breach within thirty (30) days of being notified in writing of the material breach.  Termination of your subscription and obtaining a refund of unused subscription fees, if any, is your sole and exclusive remedy for any claim or action related to this TUS or any aspect of the AWWA Video Streaming Service.

5.4 If you wish to renew your existing subscription type and tier, or elect to subscribe to a different subscription type, you may do so at the end of each subscription period in accordance with Section 7.1 below. Payment of the applicable subscription fee is required prior to activating renewal of your subscription.

 

6. INTELLECTUAL PROPERTY RIGHTS

All copyrights and other proprietary rights in and to the Content and the AWWA Video Streaming Service and the website where the AWWA Video Streaming Service is hosted, are the exclusive property of AWWA. Your right to access, view, and use the AWWA Video Streaming Service is only as expressly granted in this TUS. AWWA does not grant you or any party any right or license to use or exercise any copyrights in the AWWA Video Streaming Service except for the limited right to access and view Content while logged into the AWWA Video Streaming Service. No rights in trademarks or other proprietary rights are granted to you. All other rights are reserved by AWWA.

 

7. TERM AND TERMINATION

7.1 This TUS and your subscription begins when you first access or use, or register to subscribe to, the AWWA Video Streaming Service, and continues for the duration of the subscription you have selected and purchased, including any renewals of your subscription. You may renew your subscription by notifying AWWA of your desire to renew and submitting payment of the applicable subscription fee, or you may purchase a new subscription term through AWWA’s online shop.

7.2 If you breach this TUS, AWWA may, at its option: (a) terminate this TUS and your access to the AWWA Video Streaming Service immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) retain all subscription fees paid by you (which you forfeit). If AWWA deletes your account for breach, you may be prohibited from attempting to re-register to the AWWA Video Streaming Service.

7.3 You may terminate this TUS and your subscription if AWWA materially breaches this TUS and fails to cure such breach within thirty (30) days of its receipt of your written notice of such breach. In such event, you will be entitled to a refund of any paid but unused subscriptions fees corresponding to the remaining balance of your subscription after the termination date.

7.4 Any termination or expiration of this TUS and your subscription will not affect the following sections which will survive: Sections 3, 4.2, 6, 8, and 9.

 

8. DISCLAIMERS

8.1 THE AWWA VIDEO STREAMING SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AWWA VIDEO STREAMING SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AWWA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE AWWA VIDEO STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AWWA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, COMPLETENESS, COMPATIBILITY, ACCESSIBILITY, AND NON-INFRINGEMENT. YOUR USE THE AWWA VIDEO STREAMING SERVICES IS AT YOUR OWN RISK. You are responsible for providing your own device and internet access.

8.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL AWWA, OR ITS CONTRACTORS, PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

8.3 NOTHING IN THIS TUS AFFECTS OR LIMITS ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

9. GENERAL PROVISIONS

9.1 This TUS will be governed by the laws of the state of Colorado and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. Any action relating to this TUS or your use of the AWWA Video Streaming Service must be brought in the state or federal courts located in Denver County, Colorado. You consent to the exclusive personal and subject matter jurisdiction of those courts.

9.2 AWWA reserves all rights not expressly granted herein. AWWA's rights and remedies are cumulative. No failure or delay by AWWA in exercising any right will waive any further exercise of that right. If any term of this TUS is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. AWWA will not be liable for any delay or failure caused by a force majeure event.

9.3 You may not transfer, assign, or sublicense this TUS, in whole or in part. Any such transfer or assignment will be void.

9.4 This TUS constitutes the entire agreement and understanding between you and AWWA and supersedes all prior understandings regarding the subject matter hereof, and may only be modified in accordance with Section 1 or in a document executed by an authorized representative of AWWA.

9.5 We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your notices to AWWA must be directed to videostreaming@awwa.org.