TVKNOB reserves the right, at TVKNOB. discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the TVKNOB Service. Please check these Terms and any Policies periodically for changes. Your continued use of the TVKNOB Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the TVKNOB Service.
1. Ownership of Materials; Limited License
1.1 The data and materials on the TVKNOB Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the TVKNOB Service (collectively, the "Materials") are the intellectual property of TVKNOB, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with TVKNOB, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to TVKNOB or its affiliates and/or third party licensors. Except as expressly authorized by TVKNOB, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. TVKNOB reserves all rights not expressly granted in and to the TVKNOB Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, TVKNOB hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the TVKNOB Service for the non-commercial production, streaming and viewing of authorized LinearTV (as defined below).
2. Registration, Accounts and Passwords
2.1 If you become a registered member and create an account on the TVKNOB Service, you agree to be responsible and/or liable for:
(i) maintaining the confidentiality of passwords or other account identifiers which you choose; and
(ii) all activities that occur under such password or account identifiers.
2.2 You agree to notify TVKNOB of:
(i) any loss of your password or account identifiers; and
(ii) any unauthorized use of your password or account identifiers.
2.3 Without limiting anything in these Terms, TVKNOB will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 2.
3. Produced Content
3.1 "LinearTV" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The TVKNOB Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the "Audiovisual Content") in a LinearTV fashion. Certain registered users may also create their own and personal channels (a "LinearTV Channel"), which may be displayed through a player, monitor, or any other display feature or hardware now or hereafter in existence, which enables the displaying, performance, usage, reproduction, distribution, and publishing of Audiovisual Content. Any LinearTV Channel may also be displayed in proximity with other LinearTV Channels on a grid of LinearTV Channels (the "Grid") or in any other way or method determined by TVKNOB in its sole discretion. For clarity, and without limiting anything in these Terms, except for the limited license granted in Section 1.2, no rights of ownership or otherwise are granted to you in any LinearTV Channels.
3.2 The TVKNOB Service permits Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "Produced Content"). TVKNOB does not guarantee any confidentiality with respect to any Produced Content you upload to or create on the TVKNOB Service.
3.3 You retain all of your ownership rights in your Produced Content. However, by submitting Produced Content to TVKNOB, you hereby:
(i) grant TVKNOB a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and otherwise exploit your Produced Content in connection with the TVKNOB Service and TVKNOB. (and its successor.s) business, including without limitation for promoting and redistributing your Produced Content or part of or all of the TVKNOB Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content; and
3.4 You are solely responsible for all of your Produced Content and you hereby recognize and affirm that the TVKNOB Service is merely providing you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it. You hereby affirm, represent, and warrant that:
(i) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize TVKNOB and TVKNOB's Users to use and distribute Your Produced Content as necessary to exercise the rights and licenses granted by You in these Terms and in the manner contemplated by TVKNOB and these Terms;
(ii) Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity; and
(3) Your Produced Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the TVKNOB Service.
3.5 For the avoidance of doubt, you are not entitled to any compensation from TVKNOB for any Audiovisual Content for any reason.
3.6 YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT:
(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE TVKNOB OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN TVKNOB. SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE TVKNOB SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE TVKNOB SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE TVKNOB SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE TVKNOB SERVICE AS SUCH SERVICES ARE OFFERED BY TVKNOB;
(VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE TVKNOB SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER.S PRODUCED CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR LINEARTV CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE TVKNOB SERVICE OR ANY THIRD PARTY CONTENT;
(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE TVKNOB SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(XI) USE THE TVKNOB SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE TVKNOB SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE TVKNOB SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE TVKNOB SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE TVKNOB SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE TVKNOB SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE TVKNOB SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE TVKNOB.S RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE TVKNOB SERVICE, USING INFORMATION ON THE TVKNOB SERVICE FOR PURPOSES UNRELATED TO THE TVKNOB SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN TVKNOB.S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON TVKNOB.S INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE TVKNOB SERVICE OR ANY ACTIVITIES CONDUCTED ON THE TVKNOB SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES TVKNOB MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE TVKNOB SERVICE;
(XX) UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY TVKNOB; OR
(XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) LINEARTV CHANNELS.
3.7 You understand that when using the TVKNOB Service, you will be exposed to Produced Content from a variety of sources, and that TVKNOB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TVKNOB with respect thereto. TVKNOB does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and TVKNOB expressly disclaims any and all liability in connection with the Produced Content.
3.8 TVKNOB permits you to link to the TVKNOB Service for personal, non-commercial purposes only.
You agree that TVKNOB, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with TVKNOB or your use of the TVKNOB Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. TVKNOB may also in its sole discretion and at any time discontinue providing access to the TVKNOB Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the TVKNOB Service or any account you may have or portion thereof may be effected without prior notice, and you agree that TVKNOB will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TVKNOB may have at law or in equity. As discussed herein, TVKNOB does not permit copyright infringing activities on the TVKNOB Service, and shall be permitted to terminate access to the TVKNOB Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 3, 4, 5, 7, 9, and 11-21.
5. Copyright infringement notification
5.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the TVKNOB Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of TVKNOB that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TVKNOB to locate the material.
(iv) Information reasonably sufficient to permit TVKNOB to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
5.2 TVKNOB. registered designated copyright agent to receive notifications of claimed infringement is: Mr. Doug Watkins. His contact information is as follows:
Doug Watkins, Owner
TVKNOB dba Rodger Douglas Watkins
3019 Alvin Devane
Suite 150 Austin TX 78741, USA.
5.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to TVKNOB customer service at TVKNOB, Customer Service, 3019 Alvin Devane Suite 150 Austin TX 78741, USA, USA. Any notification of claimed infringement that does not comply with the DMCA.s requirements, is invalid.
5.4 If you receive notice from TVKNOB that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide TVKNOB with a counter notification. To be valid, a counter notification must be a written communication provided to TVKNOB. designated agent as mentioned in section 5.2 that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 5.1 or an agent of such person.
5.5 TVKNOB reserves the right to terminate without notice any User's access to the TVKNOB Service if that User is determined by TVKNOB to be a "repeat infringer." In addition, TVKNOB accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. Embeddable player feature
7. Search Functionality
The TVKNOB Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to TVKNOB (the "Search Function"). For clarity, the disclaimer of warranties in Section 10 below applies to this search functionality. TVKNOB has no responsibility for any content found on such third-party sites, and TVKNOB does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content. Additionally, as with any content uploaded by you to the TVKNOB Service, with respect to any content that you find on third-party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third-party content using the Search Functionality does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the indemnification in Section 12, below, you hereby indemnify and hold harmless TVKNOB for any losses or liabilities arising out of your use of the Search Functionality or third party content.
8. Third Party Websites
CONTENT ON THE TVKNOB SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
TVKNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE TVKNOB SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TVKNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE TVKNOB SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE TVKNOB SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE TVKNOB SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF TVKNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, TVKNOB MAKES NO WARRANTY THAT THE TVKNOB SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE TVKNOB SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TVKNOB OR THROUGH THE TVKNOB SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE TVKNOB SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TVKNOB., AND ITS OFFICERS., DIRECTORS., EMPLOYEES., AFFILIATES., AGENTS., LICENSORS., AND SUPPLIERS. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability
IN NO EVENT WILL TVKNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS TVKNOB SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS TVKNOB SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS TVKNOB SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE TVKNOB SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TVKNOB SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TVKNOB SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL TVKNOB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TVKNOB SERVICE OR YOUR INTERACTION WITH OTHER TVKNOB SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO TVKNOB DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
TVKNOB RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE TVKNOB SERVICE OR THE CONTENT ON THE TVKNOB SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TVKNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN TVKNOB AND RECEIVED THROUGH OR ADVERTISED ON THE TVKNOB SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT TVKNOB SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, TVKNOB., ITS OFFICERS., DIRECTORS., EMPLOYEES., AFFILIATES., AGENTS., LICENSORS. AND SUPPLIERS. LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless TVKNOB, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losess, claims, damages, liabilities, including legal fees and expenses, arising out of:
(ii) your use or misuse of or access to the TVKNOB Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.
TVKNOB reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TVKNOB, and you agree to cooperate with TVKNOB. defense of these claims.
13. Release for disputes between users.
TVKNOB does not control the actions of its Users. If you have a dispute with one or more Users, you release TVKNOB (and TVKNOB.s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code ?1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
15. Waiver and Severability
TVKNOB may provide you with notices, including those regarding changes to TVKNOB.s terms and conditions, by email, regular mail or postings on the TVKNOB Service. Notice will be deemed given twenty-four hours after email is sent, unless TVKNOB is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the TVKNOB Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the TVKNOB Service is deemed given 30 days following the initial posting.
17. Choice of Law and Forum
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19. Entire Agreement.
This is the entire agreement between you and TVKNOB relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by TVKNOB as set forth above.
20. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Last Modified: November 13, 2007
TABLE OF CONTENTS
1. The Information TVKNOB Collects
2. The Way TVKNOB Uses Information
3. When TVKNOB Discloses Information
4. Your Choices
6. Data Security
7. Children.s Privacy
8. International Visitors
9. In the Event of Merger or Sale
10. Third Parties
12. TVKNOB Contact Information
1. The Information TVKNOB Collects:
Information You Provide: You may provide to TVKNOB what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) if you use certain services or products from the TVKNOB Service, enter contests or sweepstakes, or otherwise use the features and functionality of the TVKNOB Service.
“Automatically Collected“ Information: When you access the TVKNOB Service (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected“ information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, the content and pages that you access on the TVKNOB Service, and the dates and times that you visit the TVKNOB Service.
“Cookies“ Information: When you access the TVKNOB Service, we may send one or more cookies . small text files containing a string of alphanumeric characters . to your computer. TVKNOB may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the TVKNOB Service. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
“Pixel Tags“ or “Clear Gifs“ A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our TVKNOB Service but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Your User ID. Your User ID is displayed throughout the TVKNOB Service and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the TVKNOB Service.
2. The Way TVKNOB Uses Information:
TVKNOB uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the TVKNOB Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
We may use your email address or mobile number, without further consent, for administrative communications such as notifying you of major TVKNOB Service updates, for customer service purposes, and to send privacy or security related notices.
TVKNOB uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the TVKNOB Service works and looks, to create new features and functionality.
TVKNOB may use .Automatically Collected. information and .Cookies. information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the TVKNOB Service; (b) provide customized third-party advertisements, content and information; (c) monitor and report on the effectiveness of third-party marketing campaigns; (d) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
3. When TVKNOB Discloses Information:
TVKNOB does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the TVKNOB Service . such as when you publish your public profile information . becomes publicly available and may be collected and used by others without restriction.
TVKNOB may disclose Automatically Collected and other aggregate non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the TVKNOB Service.
TVKNOB may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
4. Your Choices and Access to your Personal Information
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
TVKNOB does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks TVKNOB to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
6. Our Commitment to Data Security:
TVKNOB uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to TVKNOB, and you do so at your own risk. Once we receive your transmission of information, TVKNOB makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
7. Our Commitment to Children's Privacy:
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TVKNOB SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, TVKNOB does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If TVKNOB learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the TVKNOB Service, then TVKNOB will take the appropriate steps to delete this information.
8. International Visitors:
For Users visiting the TVKNOB Service from the European Union or other non-U.S. territories, please note that any data you enter into the TVKNOB Service will be transferred outside the European Union or such other non-U.S. territory for use by TVKNOB and its affiliates for any of the purposes described herein. In addition, because TVKNOB operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the TVKNOB Service, you hereby expressly consent to such transfers of your data to the United States or other countries.
9. In the Event of Merger or Sale:
In the event that TVKNOB is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
10. Third Parties
Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides TVKNOB, whether they are users of the TVKNOB Service or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. TVKNOB does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
12. TVKNOB Contact Information:
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