Terms & Conditions ("the Terms of Use")
TIE-VIDEO.COM WEB SITE TERMS OF USAGE, LICENSES, AND OTHER LEGAL STUFF
Welcome to Johann-Caspar Isemer's website, Tie-Video.com. We are the inventors of and home to the Tie Knot Video Series.
We understand that you may have questions about how you can use our materials, trademarks, and the content on this website. Hopefully this page will give you all the information you need. Or we've developed a cure for insomnia. So, sit back and enjoy the terms.
WEBSITE TERMS OF USAGE
By using www.tie-video.com ("website"), you signify your agreement to these Terms of Usage. These terms may change from time to time, and your continued use constitutes your agreement to any modified term. Should you object to any term or modified term, you may not use www.tie-video.com.
Licensed Use of Website
Johann-Caspar Isemer grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the website solely for personal and non-commercial use for yourself or within your organization pursuant to these Terms of Usage. All materials displayed or made available on the website, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are the exclusive property of Johann-Caspar Isemer or its content suppliers. The Material is protected by German and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (a) commercially use, make non-temporarily downloaded copies, save, modify, broadcast, delete, distribute, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (b) use the Material on other websites or any media (e.g., networking environment) without Johann-Caspar Isemer's prior written permission.
All trademarks, service marks, and logos (the "Marks") displayed on the website are the exclusive property of Johann-Caspar Isemer and their respective owners. You shall not use the Marks in any manner without Johann-Caspar Isemer's and/or their respective owners' prior written consent.
On-Line Conduct
We want our Internet waters to be clean and fun, and require that all users agree to not engage in any unfriendly use or conduct on this website. This restriction includes uploading, posting, or otherwise transmitting any content that is or that Johann-Caspar Isemer, in his sole discretion, believes to be (1) harmful, threatening, harassing, defamatory, libelous, invasive of one's privacy, vulgar, obscene, racially or ethnically offensive, or otherwise objectionable; (2) an infringement on any patent, trademark, trade secret, copyright, or other proprietary or privacy right; (3) a violation any local, state, and federal rules, regulations and statutes, including, but not limited to, German export laws and regulations; (4) advertising, chain letter, sales, or other solicitation; (5) a virus, worm, Trojan horse, software pest, or similar content; (6) an impersonation of any person or entity; or (7) a breach or attempt to breach Johann-Caspar Isemer's security measures. Johann-Caspar Isemer reserves the right, but assumes no obligation, to monitor your online conduct to enforce these terms.
Johann-Caspar Isemer and his agents, officers, directors, employees and staff are not to be held responsible or liable at any time for the content or accuracy of any posted or submitted materials or information posted on the site, or for any delays or failures to monitor, screen or edit the content.
Account and Password
You may need to open an account on the website, as part of the product purchasing process. If you open an account, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Johann-Caspar Isemer if there is any unauthorized use of your account or any breach of security.
Disclaimer
Johann-Caspar Isemer cannot warrant or guarantee the accuracy of any information or database on this webpage, that the service will be uninterrupted or error free, or that any files for downloading will be free of defect. While he takes reasonable steps to ensure that no viruses, worms, Trojan horses, or other destructive programs are present on the website, the User assumes the entire risk as to the quality and performance of www.tie-video.com, and the accuracy and completeness of any information.
JOHANN-CASPAR ISEMER MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABLITY OR COMPLETELNESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE, INCLUDING LINK. UNDER NO CIRCUMSTANCES SHALL JOHANN-CASPAR ISEMER BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTIGENT DAMAGES WHATSOEVER WITH RESPECT TO CLAIMS MADE HEREUNDER OR BY ANY PURCHASER OR USER OF PRODUCTS OR SERVICES.
Indemnification
If you or any of your agents breach these Terms of Usage in any way, you agree to defend, indemnify, and hold harmless Johann-Caspar Isemer, his officers, directors, employees, successors and assigns against all claims, losses, damages, and expenses of whatever form or nature, including attorneys' fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may thereby sustain or incur. Johann-Caspar Isemer reserves the right to defend such claim, and you agree to provide reasonable cooperation and information as requested.
Arbitration
Any controversy, excluding legal action by Johann-Caspar Isemer alleging the infringement of its Intellectual Property, whose value is less than $1,000 USD and arises out of or is related to these Terms of Usage shall be submitted to binding fast-track arbitration in accordance with the rules of the German Arbitration Association. You agree to pay all costs of arbitration. The arbitration shall be conducted in Wiesbaden, Germany, which venue and personal jurisdiction you agree are proper, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. All claims or actions related to this Agreement and not subject to Arbitration must be brought in the state or federal court located in Wiesbaden, Germany, and the parties agree that personal jurisdiction and venue in such court are proper.
Termination
Johann-Caspar Isemer has the right, in his sole discretion, to terminate any services of the website and remove any Materials. Johann-Caspar Isemer also may terminate your access to any part or all of the services provided by Johann-Caspar Isemer on the website at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the website. Johann-Caspar Isemer shall have no obligation or responsibility to maintain or return any information submitted or provided to Johann-Caspar Isemer.
Miscellaneous
This Agreement is governed by the laws of the State of Hessen without regard to conflicts of law principles. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions or parts thereof will remain in full force and effect. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. User waives any and all immunities that may be raised in defense of its violation of this Agreement or the infringement of Johann-Caspar Isemer's intellectual property. This Agreement contains the entire, final agreement and understanding of the Parties concerning the subject matter of this Agreement, and may be amended only in writing and signed by each Party.
SUBMISSIONS
I love to share peoples' experiences with my products to help others enliven their workplace and lives. Hopefully you've benefited from these stories or ideas through www.tie-video.com. I receive a lot and different types of submissions from my submissions form more ways, and so, unfortunately, I can't respond to all of them or compensate for their use. To both promote and manage these submissions, my experience shows that it is best to understand that, if you submit or enter any information to Johann-Caspar Isemer or www.tie-video.com, in any form, ("Submitted Material") you are giving the Submitted Material to Johann-Caspar Isemer for Johann-Caspar Isemer's use. The submission is not confidential and Johann-Caspar Isemer will not keep the submission a secret. In fact, Johann-Caspar Isemer may publish the material to the public.
The Submitted Material becomes and should be considered the sole and exclusive property of Johann-Caspar Isemer, and automatically grants Johann-Caspar Isemer the exclusive, perpetual, irrevocable, royalty free, worldwide, and fully-paid rights to use, transmit, display, copy, reproduce, publish, modify, market, distribute, download, store, reproduce, transmit, and create derivative works of any Submitted Material by any means.
COPYRIGHT AND TRADEMARK OWNERSHIP
Copyright
Johann-Caspar Isemer invests a lot of time and resources to develop and create products that will enliven your workplace and life. For the product to be effective, I have to work really hard (even weekends) and tap mystical inspirations. When the work is complete, Johann-Caspar Isemer protects the product, and your investment in it, by registering it with Germany and other countries as a copyright. This copyright registration prohibits using the product in any way not expressly authorized by a Johann-Caspar Isemer (see Product Licenses and Permissions below) and subjects violators to significant criminal and civil sanctions. It therefore is very important that you read all license agreements accompanying Johann-Caspar Isemer's products and report to Johann-Caspar Isemer any unauthorized uses.
The following is a non-exclusive list of Johann-Caspar Isemer's copyrighted products: "Tie Knot Video Series" (2005); "Tie Knot Video Series Workbook" (2005); and all content on www.tie-video.com, including its stories, articles, graphics, bulletin board postings, audio, video, and other material.
Trademark
Johann-Caspar Isemer also has registered trademarks and trademarks for various brands or is in the process thereof. These trademarks help assure users that the product originates from Johann-Caspar Isemer and, therefore, should be consistent with Johann-Caspar Isemer's brilliant track record. Like copyrights, German and international law also make it illegal to use Johann-Caspar Isemer's trademarks or close resemblances to them without Johann-Caspar Isemer's permission.
PERMISSIONS TO USE INTELLECTUAL PROPERTY
Johann-Caspar Isemer's copyrights, trademarks, and other proprietary rights (collectively, "Intellectual Property") are protected German and international laws. Johann-Caspar Isemer reserves and retains all rights, interest, title, copyrights, trademarks, and other proprietary rights embodied or contained in the Intellectual Property. You must maintain all copyright and trademark notices.
All uses of Johann-Caspar Isemer's Intellectual Property are governed by the terms on the relevant product license or this website. Registering on this website, purchasing Johann-Caspar Isemer's products, oral statements suggesting approval of other uses do not grant users permission to use Johann-Caspar Isemer's Intellectual Property outside of these written license agreements.
Any use not expressly permitted by the relevant product license or this website is prohibited. To be clear, commercial use and performances, including trainings and seminars, are prohibited. You may also not use a near resemblance or trademark confusing with any of Johann-Caspar Isemer's trademark. Other prohibited uses include reproducing, publishing, distributing, broadcasting, digitizing, editing, creating derivative works from, loaning, selling, renting, leasing, transferring, or circulating the Works, in whole or in part. Engaging in these activities is dishonest, violates federal and international law, and may subject you to severe civil and criminal penalties.
Non-Commercial Use
I receive many requests to use my Intellectual Property for non-commercial use, such as classroom presentations, school newspapers, etcetera. To help answer these requests, I have devised the following permitted uses and rules.
All use is non-commercial and internal for materials like presentations and posters, not accessories like shirts or mugs. You are not allowed to sell, publish, distribute, perform, speak from, or engage in any other uses of these materials outside of your church or educational institution.
You identify the materials as being owned by Johann-Caspar Isemer and state that the materials are used with Johann-Caspar Isemer's permission (e.g. Four in Hand Knot, Copyright © 2005 Johann-Caspar Isemer, used with written permission for internal use at XYZ Church/High School/University only. All rights reserved.)
The integrity of the Intellectual Property must be preserved:
- When you refer to or use language from a copyrighted work, you include the circle-c to signify that the work is copyrighted.
- All materials must relatively prominently credit Johann-Caspar Isemer as the owner of the Intellectual Property and must state: "Tie-Video.com materials © 2005 Johann-Caspar Isemer. All rights reserved."
- You do not disparage Johann-Caspar Isemer or any of his products.
- You do not use Johann-Caspar Isemer's product(s), product name(s), corporate name, or other copyrighted material in a way that would indicate Johann-Caspar Isemer's sponsorship, affiliation or endorsement.
Other
If your interest in using Johann-Caspar Isemer's Intellectual Property is not addressed by any of these categories, the Internal Use License Agreement, or you simply aren't sure, let me know. Although I can't guarantee that I'll grant the request, the more specific information you provide, the better I'll be able to review your request. Remember -- you must receive my permission before using any Intellectual Property.
Please use the Feedback form, including a full description of your requested use. Depending upon your request, you likely will need to include some or all of the following information:
- The exact name and title of the organization and/or person requesting permission and contact information including eMail, phone, fax, and mailing address. If the person making the request is not the ultimate user of the Intellectual Property, please include all information for both the requestor and end user;
- Specify what Intellectual Property you wish to use and how;
- A detailed description of the event or work in which the Intellectual Property will be used, including audience, means of distribution and advertisement, venue, dates, times, and fees charged;
- A layout or final copy of your work or advertisement prior to publication date;
- For publications, a description of the purpose of intended publication, target audience, retail price, publisher, and publication dates; and
- Your deadline for a response.
In some cases, I permit my material to be used without a user fee. After you sign a contract with Johann-Caspar Isemer granting you permission, you will need to properly identify Johann-Caspar Isemer as the source of the Intellectual Property and provide contact data for Johann-Caspar Isemer. Depending upon the nature of the work and use of Johann-Caspar Isemer's materials, there may be a charge for the use of the trademarks and/or copyrights.
PRODUCT LICENSE
This License Agreement is a legal agreement between you and Johann-Caspar Isemer. By using the motion picture or accompanying materials in any format (collectively the "Works"), you agree to be bound by the terms and conditions of this Internal Use License. If you do not agree to these terms and conditions, you must delete the materials unwatched.
Internal Use
This non-transferable, non-commercial, limited License permits you to use one copy of the (non-Preview) Works to train yourself. You must contact Johann-Caspar Isemer and obtain prior written permission and/or another written license for any other usage, including loaning, circulating, and/or presenting the Works to employees or non-employees.
Rental
You are not allowed to rent the Works to anyone.
Preview
If you are previewing one of my learning programs, here's what you need to know: You may review the materials for the sole purpose of making a decision prior to purchase and not for training. Previewing allows you time to view the program and make an important decision to invest in our products. Please respect the Preview license: Using Previews for training is dishonest and really bums me out because I rely on your integrity to make the world a better place.
Other Terms
The Works are protected by German and international copyright laws. You may not reproduce, publish, distribute, broadcast, digitize, edit, create derivative works from, loan, sell, rent, lease, transfer, or circulate the Works, in whole or in part. Any public performance, copying, commercial use, goods, services (including giving internal or non-internal seminars, workshops, training programs, classes, etcetera), or other non-authorized use is strictly prohibited without the expressed and written agreement by Johann-Caspar Isemer. Infringement of any intellectual property rights may subject you to severe civil and criminal penalties. All rights not expressly stated are reserved.
Warranty & Refund Policy
From the purchase date, we protect the video for two (2) years from wear or damage. If any downloaded copy of the Work is broken, you need to delete your old copy of the Work from any storage medium that you have saved it to before replacing it with a new copy from www.tie-video.com.
If you're not 100% satisfied at any time eight weeks (60 days) after your purchase of the Tie Knot Video Series contact Johann-Caspar Isemer to receive a 100% refund of the purchase price. The free bonus Tie Knot Video Series Workbook is yours to keep regardless, just for your trouble.
However, in case of a refund you must delete all your copies of the Work, within twenty-four (24) hours after the refund has been issued, from any storage medium that you have saved it to. Non-compliance to delete your copies of the Work within twenty-four (24) hours after the issuing of a refund constitutes Internet fraud and may subject you to severe civil and criminal penalties.
Here is the extra legal language that my lawyers tell me to include: ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, JOHANN-CASPAR ISEMER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES. User bears responsibility for implementing the principles described in the Works.
All use is non-commercial and internal for materials like presentations and posters, not accessories like shirts or mugs. You are not allowed to sell, publish, distribute, perform, speak from, or engage in any other uses of these materials outside of the employees and staff of your organization.
REPORTING VIOLATIONS OF INTELLECTUAL PROPERTY
I rely upon the integrity of the users of my Intellectual Property to abide by these terms and conditions. At times, people may make an innocent mistake and, at times, I have found persons not deserving of my trust. I strive to use other people's intellectual property properly and offer rewards to people who help me to enforce the proper uses of Johann-Caspar Isemer's Intellectual Property.
If you believe that Johann-Caspar Isemer or any user his product(s) or service(s) has infringed upon any intellectual property, please notify me using the Feedback form, and identify the intellectual property you believe has been infringed; the infringing material, person/organization, and contact information; your name, address, telephone number, and eMail; a statement by you that you have a good faith belief that the disputed use is not authorized; a statement that the above information is accurate; and your physical or electronic signature.
QUESTIONS, COMMENTS, AND CONTACT INFORMATION
I hope that you enjoy access to and the privileges from www.tie-video.com. If you have any questions about these Terms and Conditions, the licensed use of any product or service, wish to report an unauthorized use of Johann-Caspar Isemer's Intellectual Property, or wish to submit a story or idea to Johann-Caspar Isemer pursuant to the terms above, please do so and send your story or idea using the Feedback form.
IMPRINT ACCORDING TO §6 TELEDIENSTGESETZ (TDG)
