AGREEMENT BETWEEN USER AND Banned TV
The Banned TV Web Site is comprised of various Web pages operated by Banned TV.
The Banned TV Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Banned TV Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS
OF USE
Banned TV reserves the right to change the terms, conditions, and
notices under which the Banned TV Web Site is offered, including but not limited
to the charges associated with the use of the Banned TV Web Site.
LINKS TO THIRD PARTY SITES
The Banned TV Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Banned TV and Banned TV is
not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Banned TV is not responsible for webcasting or any other form of transmission received
from any Linked Site. Banned TV is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Banned TV of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the Banned TV Web Site, you warrant
to Banned TV that you will not use the Banned TV Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the Banned TV Web Site in any manner which could damage, disable, overburden, or
impair the Banned TV Web Site or interfere with any other party's use and enjoyment
of the Banned TV Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Banned TV Web Sites.
USE OF COMMUNICATION SERVICES
The Banned TV Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post,
send and receive messages and material
that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you
will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
-
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the Communication Services.
-
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail addresses,
without their
consent.
- Violate any applicable laws or regulations.
Banned TV has no obligation
to monitor the Communication Services. However, Banned TV reserves the right to
review materials posted to a Communication Service and to remove any materials in
its sole discretion. Banned TV reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
Banned TV reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in Banned TV's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Banned TV does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, Banned TV specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Banned TV spokespersons,
and their views do not necessarily reflect those of Banned TV.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Banned
TV OR POSTED AT ANY Banned TV WEB SITE
Banned TV does not claim ownership of the materials you provide
to Banned TV (including feedback and suggestions) or post, upload, input or submit
to any Banned TV Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting Banned TV, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Banned TV is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Banned TV's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Banned TV WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Banned TV AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Banned TV WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE Banned TV WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Banned TV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Banned TV WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Banned TV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Banned TV AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Banned TV WEB SITE, WITH THE DELAY OR INABILITY TO USE
THE Banned TV WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Banned TV WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Banned TV WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Banned TV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Banned TV
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Banned TV WEB SITE.
SERVICE CONTACT : ched@bannedtv.co.uk
TERMINATION/ACCESS RESTRICTION
Banned TV reserves the right, in its sole discretion, to terminate
your access to the Banned TV Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the Banned TV Web Site.
Use of the Banned TV Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Banned TV as a result of this agreement or use
of the Banned TV Web Site. Banned TV's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is in
derogation of Banned TV's right to
comply with governmental, court and law enforcement
requests or requirements relating to your use of the Banned TV Web Site or information
provided to or gathered by Banned TV with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and Banned TV with respect to the Banned TV Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and Banned TV with respect to the Banned TV Web Site. A printed
version of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Banned TV Web Site are: Copyright 2007 by www.bannedtv.com
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement under
United Kingdom
copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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