TERMS OF USE
WELCOME to www.tvoneonline.com (the “Site”), which is owned and operated by TV One, LLC (“TV One”). Your use of the Site is expressly conditioned on your acceptance of and agreement to the following terms of use (“Terms of Use”). These Terms of Use set forth the conditions which apply to your use of the Site. By using this Site, you agree to abide by these Terms of Use, as well as any guidelines or rules posted in connection with using specific services or entering contests or sweepstakes. The Site reserves the right to modify the Terms of Use at any time without advance notice by posting revised Terms of Use. Your continued use of this Site after such changes are posted means that you accept and agree to the Terms of Use as modified. If you do not comply with these Terms of Use at all times when using the Site, the Site may deny or restrict your access.
USE OF SITE
Your usage of this Site must be solely for purposes that are lawful in every country and jurisdiction of the world. The Site doesn’t endorse contents of any user communication or material therein, including, but not limited to, obscene or violent material, or material that infringes on the intellectual property of a third party. TV One may terminate or delete any information on the Site at any time for any reason without notice.
You shall not, directly or indirectly:
(a) modify, manipulate, erase, or damage (or attempt to modify, manipulate, erase or damage) any information contained on the Site;
(b) reverse engineer any portion of the Site;
(c) manipulate the Site’s technical protocol, structure or access in a manner that restricts or inhibits others from using the Site;
(d) engage in conduct or distribute material on or to the Site that is harmful, obscene, defamatory, slanderous, or otherwise illegal or objectionable;
(e) spoof or otherwise impersonate any individual or entity; or
(f) violate or attempt to violate the security or integrity of the Site.
USE OF CONTENT AND INFORMATION
All material on this Site, including but not limited to the text, images, illustrations, audio clips, video clips (together, the “Materials”) are protected by trademarks and or copyrights and you are prohibited from using, copying, distributing, transmitting, displaying, performing or exploiting them in any form or manner without TV One’s prior written consent. Additionally, the Site computer code that TV One creates to generate its web site pages is protected by copyright and any copying or adapting of such code is strictly prohibited.
REGISTRATION
In order to use certain features on the Site, you may be asked to register as a member and provide certain information about yourself. The Site maintains the privacy of your information as set forth in the Site’s privacy policy (“Privacy Policy”). If you provide untrue or inaccurate information, TV One reserves the right to suspend or terminate your membership.
RULES OF CONDUCT
The Site allows users to utilize some or all of the following interactive features: email, instant messenger, message boards, personal home pages, blogs and other on line community features. You are responsible for all content posted by you on the Site. You can be held liable for content that you post for reasons including, but not limited to, copyright infringement and defamation. TV One reserves the right to monitor all parts of the Site to ensure that rules are being observed, and to restrict or terminate your usage at any time for any reason. By using the Site, you may be exposed to content which is objectionable to you. If so, please report such content to the Site administrator.
You agree not to collect or store personal information about other users or members, and will not post any content to the Site that is:
- unlawful, obscene, violent, or otherwise objectionable;
- a false impersonation of person or entity or of their views;
- content that you do not have the right to transmit or that infringes on rights of others;
- unsolicited advertising, commercial solicitation or the soliciting of funds;
- material containing software viruses or any other component designed to impair the functionality of the Site;
- material constituting harassment;
- hate propaganda; or
- any content that TV One deems inappropriate.
LINKS TO OTHER SITES
This Site may contain hyperlinks to third-party websites. These links do not constitute an endorsement of that website (or any product, service or other material featured on that site). The links are provided as a convenience, and TV One assumes no responsibility for any content made available or the term of use and/or privacy policies in place at any third party site. TV One urges you to read the posted terms of use and policies of any third-party website that you visit. You agree that TV One is not responsible for availability of other websites, and has not reviewed other sites and is not responsibly for your use of such content. You agree that other sites may contain material objectionable to you and you access other sites at your own risk.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
TV One respects intellectual property rights and reserves the right in its sole discretion to restrict the access of users who infringe on the rights of copyright holders and to remove infringing material.
If you are a copyright holder and you believe that any Content appearing on the Site constitutes copyright infringement, please provide TV One with the following information, which is intended to conform to the infringement notification requirements of the Digital Millenium Copyright Act, 17 USC Section 512(c)(3)(A):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider the locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party 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;
- 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 owner of an exclusive right that is allegedly infringed.
Please forward the following information to: TV One, LLC, 1010 Wayne Avenue, Silver Spring, MD 20910, Attn.: Legal Department.
SUBMISSION OF CONTENT
TV One welcomes feedback and questions from our viewers and Site visitors, but TV One does not accept unsolicited submissions or creative ideas for its programming, product licensing, promotions or publicity. Any ideas, concepts, on-line applications, videos or suggestions that are unsolicited or submitted in response to a TV One request (“Submissions”) shall become and remain the property of TV One and may not be returned or acknowledged. TV One is not responsible for the confidentiality of any of the information communicated to the Site and, by transmitting, posting and/or uploading any Submissions through and/or to the Site, you automatically and irrevocably: (a) grant TV One a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display all or a portion of the Submissions in any and all media now known or hereinafter devised (including without limitation, television and on the internet) for any purpose, including, but not limited to, advertising and promotional purposes; (b) waive all moral rights in the Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted; and (c) appoint TV One as your agent with full power to enter into any document and/or do any act TV One may consider appropriate to confirm the grant and waiver set out above.
DISCLAIMER OF WARRANTY AND LIABILITY
The information and material that appears on this Site is for informational purposes only. Despite efforts to provide useful and accurate information, errors may from time to time appear. Please read this Disclaimer carefully before using the Site.
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. TV ONE DOES NOT WARRANT THE CURRENTNESS, COMPLETENESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, NOR DOES TV ONE GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE TV ONE WEBSITE, WWW.TVONEONLINE.COM, TV ONE, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF TV ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold TV One, its parents, subsidiaries, affiliates, partners, agents, employees, directors, managers, officers, members, other owners, and third-party service providers harmless from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, penalties settlements, costs and expenses (including reasonable attorneys’ fees and other professional fees), to the extent that such action is based upon, arises out of, or relates to a breach of these Terms of Use or your use of the Site. This indemnity shall survive the termination of these Terms of Use.
ENFORCEMENT AND TERMINATION
TV One reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving the Site. TV One reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site, with or without notice.
TV One, in its sole discretion, may terminate your access to or use of the Site, for any reason, including, without limitation, if TV One believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. TV One shall not be liable to you or any third-party for any termination of your access to the Site.
JURISDICTION
This Site is controlled and operated by TV One from its headquarters in Silver Spring, MD. This Terms of Use Agreement shall be governed by the laws of the State of Maryland, as it is applied to agreements entered into and performed within that state. By using this Site, you agree to submit to the exclusive jurisdiction of the appropriate state and federal courts located in the State of Maryland with respect to claims you may have under these Terms of Use. Any notices to TV One concerning these Terms of Use shall be in writing and sent to 1010 Wayne Avenue, 10 th Floor, Silver Spring, MD 20910, Attn: Legal Department.
ENTIRE AGREEMENT/ACCEPTANCE
These Terms of Use constitute the entire agreement between you and TV One with respect to use of and access to the Site. TV One’s failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of the Terms of Use and the other provisions of these Terms of Use shall remain in full force and effect.
Your use of the Site constitutes your acceptance of these Terms of Use. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and lack of signing or other form of electronic execution by the partes hereto. You agree to abide by the terms and conditions of these Terms of Use and any additional terms, conditions, or rules imposed by TV One or third party content providers in connection with third party content, software or services.
