|
General
CyberTelevision.com
(the “Site”) is owned and operated by CyberTelevision.com (“we” or
“us”). By using this Site, you agree to be bound by these Terms of Service
and to use the Site in accordance with these Terms of Service, our
Privacy Policy
and any additional terms and conditions that may apply to specific
sections of the Site or to products and services available through the
Site. Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these Terms
of Service.
We reserve the right to change these Terms of Service or to impose new
conditions on use of the Site, from time to time, in which case we will
post the revised Terms of Service on this website. By continuing to use
the Site after we post any such changes, you accept the Terms of Service,
as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials
available on the Site are the property of us and/or our affiliates or
licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal
noncommercial use. You may not use the Site or the materials available on
the Site in a manner that constitutes an infringement of our rights or
that has not been authorized by us. More specifically, unless explicitly
authorized in these Terms of Service or by the owner of the materials, you
may not modify, copy, reproduce, republish, upload, post, transmit,
translate, sell, create derivative works, exploit, or distribute in any
manner or medium (including by email or other electronic means) any
material from the Site. You may, however, from time to time, download
and/or print one copy of individual pages of the Site for your personal,
non-commercial use, provided that you keep intact all copyright and other
proprietary notices. Information about requesting permission to reproduce
or distribute materials from the Site can be gained by contacting the
webdirector.
Your License to Us. By posting or submitting any material
(including, without limitation, photos and videos) to us via the Site, you
are representing: (i) that you are the owner of the material, or are
making your posting or submission with the express consent of the owner of
the material; and (ii) that you are thirteen years of age or older. In
addition, when you submit or post any material, you are granting us, and
anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute, and/or
publicly perform or display such material, in whole or in part, in any
manner or medium, now known or hereafter developed, for any purpose. The
foregoing grant shall include the right to exploit any proprietary rights
in such posting or submission, including, but not limited to, rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you
grant us, and anyone authorized by us, the right to identify you as the
author of any of your postings or submissions by name, email address or
screen name, as we deem appropriate.
Limitations on Linking and Framing. You may establish a hypertext
link to the Site so long as the link does not state or imply any
sponsorship of your site by us or by the Site. However, you may not,
without our prior written permission, frame or inline link any of the
content of the Site, or incorporate into another website or other service
any of our material, content or intellectual property
Notice of Copyright Infringement. If you are a copyright owner who
believes your copyrighted material has been reproduced, posted or
distributed via the Site in a manner that constitutes copyright
infringement, please inform our designated copyright agent by sending
written notice by U.S. Mail to CyberTelevision.com, 15900 Crenshaw Blvd. G403,
Gardena, CA 90249, Attn: COPYRIGHT, or by email to
legal@CyberTelevistion.com.
Please include the following information in your written notice: (1) a
detailed description of the copyrighted work that is allegedly infringed
upon; (2) a description of the location of the allegedly infringing
material on the Site; (3) your contact information, including your
address, telephone number, and, if available, email address; (4) a
statement by you indicating that you have a good-faith belief that the
allegedly infringing use is not authorized by the copyright owner, its
agent, or the law; (5) a statement by you, made under penalty of perjury,
affirming that the information in your notice is accurate and that you are
authorized to act on the copyright owner’s behalf; and (6) an electronic
or physical signature of the copyright owner or someone authorized on the
owner’s behalf to assert infringement of copyright and to submit the
statement. Please note that the contact information provided in this
paragraph is for suspected copyright infringement only. Contact
information for other matters is provided elsewhere in these Terms of
Service or on the Site.
Associated Press Materials. Some of the material available on the
Site is provided by the Associated Press. By using this Site you agree and
acknowledge that (1) Associated Press text, photo, graphic, audio, and/or
video material shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly in any medium and
(2) no Associated Press materials nor any portion thereof may be stored in
a computer except for personal and non-commercial use. The Associated
Press will not be held liable for any delays, inaccuracies, errors or
omissions in its materials or in the transmission or delivery of all or
any part of its materials, or for any damages arising from any of the
foregoing.
Disclaimers
Throughout the Site, we have provided links and pointers to Internet sites
maintained by third parties. Our linking to such third-party sites does
not imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, neither
we nor our parent or subsidiary companies nor any of our respective
affiliates operate or control in any respect any information, products or
services that third parties may provide on or through the Site or on
websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND
ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY
OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR
THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
You must provide and are solely responsible for all hardware and/or
software necessary to access the Site. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
The Site is provided for informational purposes only, and is not intended
for trading or investing purposes, or for commercial use. Stock and mutual
fund quotes, and related financial news stories may be delayed at least 20
minutes, as may be required by the stock exchanges and/or the financial
information services. The Site should not be used in any high risk
activities where damage or injury to persons, property, environment,
finances or business may result if an error occurs. You expressly assume
all risk for such use.
Online Commerce
Certain sections of the Site may allow you to purchase many different
types of products and services online that are provided by third parties.
We are not responsible for the quality, accuracy, timeliness, reliability
or any other aspect of these products and services. If you make a purchase
from a merchant on the Site or on a site linked to by the Site, the
information obtained during your visit to that merchant’s online store or
site, and the information that you give as part of the transaction, such
as your credit card number and contact information, may be collected by
both the merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility or
liability for these independent policies. In addition, when you purchase
products or services on or through the Site, you may be subject to
additional terms and conditions that specifically apply to your purchase
or use of such products or services. For more information regarding a
merchant, its online store, its privacy policies, and/or any additional
terms and conditions that may apply, visit that merchant’s website and
click on its information links or contact the merchant directly. You
release us and our affiliates from any damages that you incur, and agree
not to assert any claims against us or them, arising from your purchase or
use of any products or services made available by third parties through
the Site.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site. You agree to use the Site
and to purchase services or products through the Site for legitimate,
non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of
anticipating demand for a particular product or service. You agree to only
purchase goods or services for yourself or for another person for whom you
are legally permitted to do so. When making a purchase for a third party
that requires you to submit the third party’s personal information to us
or a merchant, you represent that you have obtained the express consent of
such third party to provide such third party’s personal information.
Use of Company Directories
The information contained in any company directories that may be provided
on the Site is provided for business lookup purposes and is not to be used
for marketing or telemarketing applications. This information may not be
copied or redistributed and is provided “AS IS” without warranty of any
kind. In no event will we or our suppliers be liable in any way with
regard to such information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web
logs, chat rooms, and email services, which allow feedback to us and
real-time interaction between users, and other features, such as
personalized home pages and email services, which allow users to
communicate with others. Responsibility for what is posted on bulletin
boards, web logs, chat rooms, and other public posting areas on the Site,
or sent via any email services on the Site, lies with each user – you
alone are responsible for the material you post or send. We do not control
the messages, information or files that you or others may provide through
the Site. It is a condition of your use of the Site that you do not:
-
Restrict or inhibit any other user from
using and enjoying the Site.
-
Use the Site to impersonate any person
or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity.
-
Interfere with or disrupt any servers or
networks used to provide the Site or its features, or disobey any
requirements, procedures, policies or regulations of the networks we use
to provide the Site.
-
Use the Site to instigate or encourage
others to commit illegal activities or cause injury or property damage
to any person.
-
Gain unauthorized access to the Site, or
any account, computer system, or network connected to this Site, by
means such as hacking, password mining or other illicit means.
-
Obtain or attempt to obtain any
materials or information through any means not intentionally made
available through this Site.
-
Use the Site to post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law.
-
Use the Site to post or transmit any
information, software or other material that violates or infringes upon
the rights of others, including material that is an invasion of privacy
or publicity rights or that is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder.
-
Use the Site to post or transmit any
information, software or other material that contains a virus or other
harmful component.
-
Use the Site to post, transmit or in any
way exploit any information, software or other material for commercial
purposes, or that contains advertising.
-
Use the Site to advertise or solicit to
anyone to buy or sell products or services, or to make donations of any
kind, without our express written approval.
-
Gather for marketing purposes any email
addresses or other personal information that has been posted by other
users of the Site.
You understand that we have no obligation to monitor any bulletin boards,
chat rooms, web logs, or other areas of the Site through which users can
supply information or material. However, we reserve the right at all times
to disclose any information we believe necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in our sole discretion
are objectionable or in violation of these Terms of Service. We also
reserve the right to deny access to the Site or any features of the Site
to anyone who violates these Terms of Service or who, in our sole
judgment, interferes with the ability of others to enjoy our website or
infringes the rights of others.
Registration
To access certain features of the Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code and
country. In addition, if you elect to sign-up for a particular feature of
the Site, such as chat rooms, web logs, or bulletin boards, you may also
be asked to register with us on the form provided and such registration
may require you to provide personally identifiable information such as
your name and email address. You agree to provide true, accurate, current
and complete information about yourself as prompted by the Site’s
registration form. If we have reasonable grounds to suspect that such
information is untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future
use of the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration
process is governed by the terms of our
Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and
password, which you will receive through the Site’s registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are responsible for all activities (whether by you or by
others) that occur under your password or account. You agree to notify us
immediately of any unauthorized use of your password or account or any
other breach of security, and to ensure that you exit from your account at
the end of each session. We cannot and will not be liable for any loss or
damage arising from your failure to protect your password or account
information.
Classifieds Advertising
When you submit a classified ad for publication on the Site, you agree
that the advertisement as it appears on the Site becomes our property and
you assign all ownership interest in the advertisement as it appears on
the Site under copyright law or otherwise to us. Submission of an
advertisement does not constitute a commitment to publish the
advertisement, and publication of an advertisement does not constitute an
agreement for continued publication. We will accept only standard
abbreviations and require proper punctuation. We reserve the right to
edit, reclassify, revise, reject or cancel any advertisement at any time,
in our sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
The Federal Fair Housing Act makes it illegal to advertise “any
preference, limitation, or discrimination because of race, color,
religion, sex, handicap, familial status, or national origin, or intention
to make any such preference, limitation, or discrimination.” State law may
also forbid discrimination based on these factors and others. We will not
knowingly accept any advertising for real estate which is in violation of
the law. All persons are hereby informed that all dwellings advertised are
available on an equal opportunity basis. To complain of discrimination
call the U.S. Department of Housing and Urban Development at 800-669-9777.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS
MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND
THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination
We may cancel or terminate your right to use the Site or any part of the
Site at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the Site
affected by such cancellation or termination. The restrictions imposed on
you with respect to material downloaded from the Site, and the disclaimers
and limitations of liabilities set forth in these Terms of Service, shall
survive.
Other
This agreement constitutes the entire agreement between us and you with
respect to the subject matter contained in this agreement and supersedes
all previous and contemporaneous agreements, proposals and communications,
written oral. You also may be subject to additional terms and conditions
that may apply when you use the products or services of a third party that
are provided through the Site. In the event of any conflict between any
such third-party terms and conditions and these Terms of Service, these
Terms of Service shall govern. This agreement shall be governed by and
construed in accordance with the laws of the State of California without
giving effect to any principles of conflicts of law. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining
provisions |