Any content or comments you provide on the Aetna YouTube Page shall be referred to as "User Content."
Although Aetna is under no obligation to screen or monitor any User Content, Aetna may, in its sole discretion, screen or monitor User Content to review compliance with these Aetna Terms or for any other purpose, and may delete, block, refuse to post or edit any User Content and/or restrict your access to the Aetna YouTube Page at any time and for any reason without notice or liability, subject to YouTube’s terms and conditions and functionality provided by YouTube . Aetna may also disclose any User Content, and the circumstances surrounding the submission of any User Content, to any third party and for any reason.
USER CONTENT DOES NOT REFLECT THE OPINIONS OF AETNA, ITS EMPLOYEES OR AFFILIATES, AND AETNA DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY ANY USER, OR FOR ANY LOSS OR DAMAGE THERETO.
User Content must adhere to the following requirements and CANNOT:
- contain any third-party material (including any intellectual property), including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, "Third Party Materials") without the explicit prior written permission to use any such Third Party Materials;
- be sexually explicit; graphically, gratuitously or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional or age group; pornographic; or contain nudity;
- contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
- be in violation of any law, or depict any materials or images that are in violation of any law;
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
- contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.
Release: You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Aetna YouTube Page and agree that you will not hold Aetna responsible or liable and shall release Aetna from any liability related to any User Content submitted by you or related to your use of the Aetna YouTube Page.
License: You hereby grant to Aetna, its subsidiaries, affiliates and agents, a perpetual (as long as Aetna or any other third party has not deleted the User Content), non-exclusive, worldwide, irrevocable, sub-licensable, royalty-free license to use, redact, reproduce, publish, adapt, edit, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials for any commercial or non-commercial purposes in Aetna’s sole discretion without any compensation paid to you and without further approval from you.
Proprietary Rights: The Aetna YouTube Page contains information and materials protected by copyright, trademark, and/or other proprietary laws. Such information and materials may include, without limitation, trademarks, service marks, trade names and logos of Aetna, its affiliates and third parties. Nothing on the Aetna YouTube Page grants or should be construed as transferring, assigning or granting to you any rights, including without limitation, a license to use, any such information and materials. Additionally, you understand and agree that you do not own or have any rights in the Aetna YouTube Page, or any information or material made available through the Aetna YouTube Page (other than your User Content). Except as otherwise stated, you agree not to copy, rent, lease, sell, make available, distribute, modify or make derivative works of the Aetna YouTube Page or any information that we post to the Aetna YouTube Page (other than your User Content) without our prior express written consent.
No Warranties: The information, materials and services on the Aetna YouTube Page are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the Aetna YouTube Page or that your use of content posted on or material otherwise made available through this Aetna YouTube Page will not infringe the rights of third parties.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE AETNA YOUTUBE PAGE, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AETNA YOUTUBE PAGE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AETNA YOUTUBE PAGE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US $100.00.
Indemnity: You agree to defend and indemnify Aetna, its subsidiaries, and affiliates, and each of our respective officers, agents, directors, shareholders, partners, licensors, service providers, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Aetna YouTube Page arising from a breach or alleged breach of these Aetna Terms by you (including, without limitation, any breach of your representations and warranties set forth herein).
Digital Millennium Copyright Act: We are committed to complying with copyright and related laws, and we require all users of the Aetna YouTube Page to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Upon receiving such notice, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer.
If you believe that your work has been posted on the Aetna YouTube Page in a way that constitutes copyright infringement, please provide our designated agent (see below) with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Aetna YouTube Page;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follow:
Aetna DMCA Notice
L&RA Intellectual Property Unit
151 Farmington Avenue
Hartford CT 06156
Miscellaneous: Our failure to exercise or enforce any right or provision of these Aetna Terms shall not operate as a waiver of such right or provision. If any part of these Aetna Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that closely matches the intent of the original provision and the remainder of these Aetna Terms shall continue in effect. These Aetna Terms, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us. You agree that a printed version of these Aetna Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Aetna Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Governing Law: These Aetna Terms are governed by U.S. federal law and the laws of the State of Connecticut, U.S.A. without regard to its conflicts of law provisions, and regardless of your location; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Hartford, Connecticut, U.S.A. in all disputes arising out of or relating to the Aetna YouTube Page, and waive any jurisdictional, venue or inconvenient forum objections to such courts. We may demand that any dispute between us relating to the Aetna YouTube Page be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Aetna YouTube Page is unauthorized in any jurisdiction that does not give effect to these Aetna Terms. Our performance under these Aetna Terms is subject to existing laws and legal process, and nothing contained in these Aetna Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aetna YouTube Page or information provided to or gathered by us with respect to such use. If any part of these Aetna Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Aetna Terms shall continue in effect. These Aetna Terms, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us.
Assignment: We may assign, transfer or sublicense any or all of our rights or obligations under these Aetna Terms without restriction. You may not assign, transfer or sublicense any or all of your rights or obligations under these Aetna Terms without our express prior written permission.
Notices and Questions: We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Aetna YouTube Page or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Should you have any questions regarding these Aetna Terms you may contact us.