The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/force%20and%20effect.

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

Is It Legal to Use Someone Else`s Youtube Video on Your Website

Yes, I have embedded “a lot” of videos in my websites. That must be the reason. So now – my account has been suspended, and I`m getting efforts to get another one. The idea is that my app uses the YouTube API, which sends videos directly from YouTube, so I can`t delete a particular video unless it`s removed from YouTube first. There are many websites that do the same. Should I be worried? The ability to use someone else`s YouTube video on your website depends on the license agreement between you and the copyright holder of the video. In general, you are allowed to embed a YouTube video on your website as long as you comply with YouTube`s terms of service. If the video contains images of people under the age of 18, you`ll likely need a waiver form from a parent or guardian. See our blog post Can you use your own photos on your website? Maybe not. I have no idea how to make a video, SweetiePie, or how it could be put on Youtube if I could put one.

If I could, I would prefer to use my own video too. If you find your YouTube video on another website without your permission, you need to follow their procedure to request removal of the video. YouTube cannot request removal for you. An artist embeds a YouTube video uploaded by someone else, but the content of that video shows. So who is the rightful owner? The person who shot the video? Or the artist in the video who didn`t know he was being filmed? If I have provided a regular link to a YouTube video that may be infringing (i.e. a video placed on YouTube without the consent of the content owner), the problem becomes more opaque because the counterfeit video should not have been on YouTube in the first place. The posting of a link to it may be considered a form of “distribution” that constitutes copyright infringement. Click the share icon, and then click the embed icon to get the embed code to place the video on your website or blog. The YouTube embed code automatically includes an attribution link to the source, which appears below the video. The Terms of Service state that an original video creator may grant any user a non-exclusive, royalty-free license to access and share their videos on YouTube. This access allows you to reproduce, modify, redistribute and display the videos on your website.

We probably received a counter-notification of your deletion request. The video will be restored unless you prove that you have taken legal action against the creator to limit the allegedly infringing activity. If we don`t receive this notification from you within 10 days, we may restore the images to YouTube. In this case, it is a counterfeit video. There are many such videos on YouTube, usually movies, TV shows, and music videos. It is clearly against copyright to embed a counterfeit YouTube video in your article, blog or website. Such a video is not even legal on YouTube. A video is uploaded to an official channel, they have enabled the embed code, but the same company requires that the embedded video be removed from my website. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service and to use, reproduce, distribute, display and perform such Content to the extent permitted by the functionality of the Service and in accordance with these Terms of Service. [YouTube Terms of Service Part 6C] As in all situations, every circumstance is different and legal advice must be sought from a lawyer before a case is challenged.

This article is not legal advice or legal advice. This article is an opinion of the author. To use video on your website, you can use a built-in video embedding feature or a plugin like the WP RSS aggregator. Vimeo is another great video sharing site. It attracts over 100 million visitors per month and hosts over a million videos. It was originally founded as a place for film artists to share and promote their work, which encourages quality feedback. Oh no. I use YouTube videos a lot because people say so are fine and there is a YouTube capsule.

maybe the capsules are just for our own videos (HP User-Made). Thank you for answering this question! Beautifully written article. If the copyright owner has left the embed option enabled, they have given permission to embed it (or they need to read the terms of use more carefully, and it`s not your fault). Tip. Limit your homepage aggregation to the 5 most recent so that people can actually visit your website without crashing their browser. FTL embedded videos. Although there are over 37 million YouTube channels, only a few of them publish original content. This means that many videos have been uploaded to YouTube without the consent of the original owners. Otherwise, a YouTube video is nothing more than a link to another place and if a simple link can be considered a copyright infringement, we all have big problems. In Perfect10 v. Google Inc., the 9th District Court ruled in favor of Google that links via HTML code (they sued Google because the thumbnails appeared in Google Image Search) do NOT constitute copyright infringement.

In fact, the courts have taken this position on a case-by-case basis. It takes more than just a link to another source to infringe someone`s copyright. When I first published this article, I took a firm stance against embedding YouTube videos without contacting the owner first. However, Ian very kindly pointed out in the comments below that I was wrong. And I really was! If the video owner decides to remove or disable the video from YouTube so that it no longer appears on third-party websites, the embedded video will no longer work on your website. In other words, your page has a rectangular area where the video is not displayed. What I`m saying here also applies to trailers and teasers of movies and TV shows. And this also applies to fan videos that synthesize footage from various movies or TV shows.

Even if you think it falls under the “fair dealing” provision of the Copyright Act and you are actually promoting these programs to the copyright holder, commercial television or film companies may disagree. Still, isn`t inserting a youTube video into a hub usually a way to “enhance your content to make your website more dynamic”? This is a technique that many people use to get visitors to stay on their pages longer, get a higher rank, and attract more clicks on ads. Isn`t that a copyright violation? Too many embedded videos mean it kills loading time, which means it`s not worth it for them to read your crappy blog. Most people have no idea what a nightmare it can be to open a page full of embedded videos + inefficiently created images + pages and chatter pages. Is it okay to embed YouTube videos on a website that shows ads? How do I deal with this situation, i.e. I have videos on my website, but I don`t want to get into trouble because I have these videos on my website. If the owner hasn`t turned on sharing, you`ll need to get their permission first before using the video on your site. At the same time, if you post an excerpt on a YouTube site, you can always click the button to save it as your own copyright – and not allow others to embed the link in their website (all these settings are on youtube) – and yes, someone will probably copy and distribute it illegally (the last person, who did this to me was my British record company, who sold my album in the US AGAINST our written contract. and NO, I`ve never seen any money from this release in the US – the record companies have the power, the individual Musos don`t, but at least I can now free myself. kind. I read your posts and understood that it`s legal to embed YouTube videos that we`ve downloaded from users who don`t own them. Copyright infringement is an issue here at Hubpages.

I had thought it was probably part of YouUde`s terms that their videos could be embedded, as a lot of people do it on HubPages. It seems that this is not the case. If the integration is illegal, why do they offer APIs? and there are so many websites that live on APIs And since Viralnova embeds the videos in their page, I don`t think they ask permission from every author. Part 6C of the YouTube Terms of Service grants you a limited license to use the video only to the extent permitted by the functionality of the “YouTube” service and under these “YouTube” Terms of Service. Thank you for the well-researched and thoughtful center. I`ve avoided embedding videos in my hubs because I`m not sure about this issue. Unfortunately, I still haven`t had a final opinion one way or another. In 2012, the Seventh District Court of Appeals for Flava Works, Inc. ruled against Gunter.

In this case, Flava Works was an adult entertainment company that produced pornographic videos and images. Flava Works owned several copyrights and trademarks. Part of Flava Works` business is to broadcast videos on its various websites. MyVidster was a website where users could post videos that could be viewed and viewed by other users. Flava Works sued myVidster for copyright infringement related to video embedding. I do not know whether his case will be dismissed in court or not. But the fact that such things happen means that you may need to exercise caution before simply embedding other people`s YouTube video in case you come across such an unsuspecting videographer. I`m not sure exactly what you can do other than ask permission from the copyright holder (assuming you can find a way to contact the owner). If, in addition to providing the EMBED code (via the share button), the copyright holder also explicitly states that you can embed the video on your page, you should have no problem. You keep saying, “As noted above, some people feel like the video will be in the public domain if the embed option remains enabled.” Of course not! To make something in the public domain, the owner must put it in the public domain by expressing it explicitly.

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