This Agreement is effective as of 09/28/2010.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
ControlTV LLC is the producer and owner of an on-line interactive reality television series in which the online audience makes real-time decisions for a twenty-something male (“Show”).
ControlTV LLC is a limited liability company registered in California, whose registered office is located at 11845 W. Olympic Blvd,. Suite 1125W, Los Angeles, CA 90064-5096.
If you have any questions, complaints or comments concerning the Service, you can contact ControlTV using the following email address [email protected]
Use of Our Service
ControlTV provides a place for users to contribute content, share information, vote, read content and information posted by others, and meet other members. ControlTV grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit ControlTV. To access certain features of the Service, though, including all content contribution features, you will need to register with ControlTV and create a “Member” account. Your account gives you access to the services and functionality that ControlTV may establish and maintain from time to time and in ControlTV’s sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you agree to keep your user ID and account password confidential and secure at all times. You must notify ControlTV immediately of any breach of security or unauthorized use of your account. Although ControlTV will not be liable for your losses caused by any unauthorized use of your account or loss of your user ID or password, you shall be liable for the losses of ControlTV or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the ControlTV servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
ControlTV may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in ControlTV’s sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at ControlTV’s sole discretion an unreasonable or disproportionately large load on ControlTV’s infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; (vi) the posting of prohibited User Content (as defined below), (vii) deep-linking to any aspect of the Service without the prior written consent of ControlTV; or (viii) bypassing the measures ControlTV may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other ControlTV Users. ControlTV reserves the right, but have no obligation, to monitor disputes between you and other Users. ControlTV shall have no liability for your interactions with other Users, or for any User’s action or inaction.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a resident in a jurisdiction which recognizes moral rights in certain works, to the extent permitted by law of that jurisdiction, you agree to waive your moral rights in any User Content submitted to the Service.
All intellectual property rights in the Show, the Service and all material or content made available by ControlTV by means of the Service remains at all times the property of ControlTV or the property of ControlTV’s licensors. Any names, images and logos identifying ControlTV, ControlTV’s partners or third parties, including, without limitation, ControlTV’s distributors and brand sponsors, and ControlTV’s or their products and services available through the Service are proprietary marks and may not be reproduced or otherwise used without express permission. Nothing contained in this Agreement shall be construed as grant of any license from ControlTV or any conveyance, assignment or transfer of any right to use any trade mark, patent, design right or copyright or other intellectual property right belonging to ControlTV or to any third party.
Third Party Content and Software
Where content, information, software, advertising and any other material or services are supplied by third parties, you acknowledge and agree that ControlTV cannot control and does not purport to endorse such content, software or services in any way. All third party content, software or services that are made available through ControlTV’s site are offered in good faith but ControlTV does not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such content, software, advertising or other material or services (whether published on or offline) or for the use, download and/or installation of such content, software, advertising or other material or services.
Where content, information, software, or other material or services are supplied by third parties, you may need a license from such third parties, and may need to agree to other Terms, which will govern your relationship with such providers in relation to your use of such content, information, software, or other material or services. You should read those terms carefully and ensure that you are happy to be bound by them before you use any such content, information, software, or other material or services.
Some areas of the Service may allow Users to post to blogs and message boards, communicate with other Users, vote, and post content, photos, audio tracks, feedback, comments, questions, video and audio-visual content and other information (“User Content”). However, the fact that Users may submit User Content does not guarantee that they will be considered by ControlTV or others or that they will appear on the Service. If any of your User Content appears on the Service, no credit, notice, approval or compensation is due to you. ControlTV also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service. You agree that ControlTV is only acting as a passive conduit for your online distribution and publication of your User Content on the Service, to be accessed in accordance with this Agreement.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, or to any other person; (ii) may create a risk of any other loss or damage to any person or entity or property; (iii) may constitute or contribute to a crime or tort, including User Content that is libelous, defamatory, obscene, abusive, pornographic, threatening, an invasion of privacy, or an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; (iv) contains any information or content that ControlTV deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains an advertisement or solicitation of funds, goods or services; (viii) contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers, or addresses; (ix) impersonates another User; or (x) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. ControlTV reserves the right, but is not obligated, to reject and/or remove any User Content that ControlTV believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
ControlTV takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. ControlTV has no control over whether such User Content is of a nature that you might find offensive, distasteful or otherwise uunacceptable and, accordingly, ControlTV expressly disclaims any responsibility for User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. ControlTV is not responsible for any public display, misuse or loss of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, infringing, offensive, indecent, or objectionable, and you agree that neither ControlTV nor any of its affiliates shall be liable for any damages you allege to incur or actually incur as a result of such User Content. Further, Users agree to hold free and clear of any liability and fully release ControlTV from any and all claims of slander, libel, right of privacy, and right of publicity.
From time to time, ControlTV may invite you to submit to ControlTV audio and/or video material for inclusion on the Service and/or other activities promoted by ControlTV on the Service, or enter certain contests ControlTV may sponsor, or submit comments and/or ideas to ControlTV (“Submissions”). You may only submit these Submissions to ControlTV when specifically invited to do so by ControlTV. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Service provided through third party websites are also subject to specific terms, conditions and restrictions. If ControlTV does request that you send ControlTV Submissions, these Submissions will be deemed User Content.
By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ControlTV.com under any fiduciary or other obligation, that ControlTV is free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, ControlTV.com does not waive any rights to use similar or related ideas previously known to ControlTV.com, or developed by its employees, or obtained from sources other than you.
Other than those ControlTV specifically requests, ControlTV does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those ControlTV has developed or obtained independently.
From time to time ControlTV may make available the opportunity for certain users to participate in Video Chat and/or other activities promoted by ControlTV on the Service, for broadcast on the Service or through any other form of media that ControlTV may determine in ControlTV’s sole discretion. To be considered for Video Chat, you must submit all the required information to ControlTV prior to the deadline, including your username at the online service through which ControlTV conducts the Video Chat. You must also have an account at such service and be at least 13 years of age to be considered for Video Chat.
Not all users will be offered an opportunity to participate in Video Chat. If you are chosen as a potential Video Chat participant, you will be contacted by an individual associated with the Service, who will conduct a screening interview with you. If ControlTV selects you as Video Chat participant after such screening interview, ControlTV will notify you of the date and time of your Video Chat via chat and/or email, and you shall be required to first execute and submit such other documentation, as may be required by ControlTV. The exact Service member you Video Chat with and the duration of such Video Chat is at ControlTV’s sole discretion. Video Chat will not exceed fifteen (15) minutes, unless otherwise approved by ControlTV.
If you are not available to Video Chat at the time and date specified by ControlTV, your chance to participate in the Video Chat will be forfeited. ControlTV reserves the right to end any Video Chat at any time. ControlTV does not guarantee that you will have an opportunity to participate in Video Chat when you are chosen for a screening interview or even if you are in fact chosen to participate in a Video Chat. For example, even if you are chosen to participate in a Video Chat, technical problems or talent availability may prevent your participation in the Video Chat. Without limiting the general applicability of these Terms, your participation in Video Chat is subject to the restrictions set forth in the “User Content” section, above. Video Chat is conducted through a third party service and you are also subject to the specific terms, conditions and restrictions of such service with respect to any Video Chat.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have the right to grant, to ControlTV and Users of the Service, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, incorporate into other works, and make derivative works of: (i) all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service and; (ii) your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. For the avoidance of doubt, when you submit User Content through the Service, you acknowledge that third parties, including, without limitation, other Users of the Service, may use the User Content as described herein.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. ControlTV reserves all rights not expressly granted herein in and to the Show, the Service and the ControlTV Content (as defined below). ControlTV may terminate this license at any time for any reason or no reason, without any liability of any nature whatsoever to you.
Our Proprietary Rights
Except for User Content posted by you or other Users, the Show, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, design elements and contents of the website (including assembly and arrangement) (the “ControlTV Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ControlTV and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights or a conveyance, assignment or transfer thereof, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the ControlTV Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you are 18 years of age or older, you agree that by using the Service you warrant and represent that you are at least 18 years old and that you are legally able to enter into this Agreement. If you are under 13 years of age, you must provide the written verifiable consent of a parent or guardian to this Agreement as a condition to your admission and use of the Service. You understand and agree that you will not be able to use or access the Service unless and until such written verifiable consent is obtained.
ControlTV has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, ControlTV cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify ControlTV’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit ControlTV to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
|Name:||Phillip E. Daniels, Esq.|
|Address:||Daniels Media Law, 10100 Santa Monica Blvd. Suite 300, Los Angeles, CA 90067|
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying ControlTV and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ControlTV’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, ControlTV has adopted a policy of terminating, in appropriate circumstances and at ControlTV’s sole discretion, members who are deemed to be repeat infringers. ControlTV may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and the use thereof by ControlTV or any User as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
ControlTV and its affiliates may exercise the rights to your User Content granted under this Agreement without liability for payment to any person or entity of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless ControlTV and its subsidiaries, affiliates, agents, managers, licensees, assignees, designees, vendors, service providers, distributors, brand sponsors, and other third party partners, and each of their employees, contractors, agents, officers, directors, shareholders and representatives (all of the foregoing, including ControlTV, individually and collectively referred to herein as the “ControlTV Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data, content or work transmitted or received by you; (ii) your violation of any term set forth in this Agreement, including without limitation, your breach of any of the representations, warranties and undertakings contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights including, without limitation, the right of any other User; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any other content that is submitted via your account, or any Submission; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED BY CONTROLTV ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE CONTROLTV WEBSITE AT WWW.CONTROLTV.COM AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY USER CONTENT, VIEWING OF THE SHOW OR ANY OTHER CONTENT, THIRD PARTY WEBSITES, THIRD PARTY CONTENT, OR THIRD PARTY RESOURCES). USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EACH OF THE CONTROLTV PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT VIEWED, STREAMED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SHOW, IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADING, VIEWING, STREAMING, OR ANY OTHER USE BY YOU.
CONTROLTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CONTROLTV SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE CONTROLTV PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTROLTV PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY OF THE CONTROLTV PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING SUBJECT MATTER OR CIRCUMSTANCES, EVEN IF A CONTROLTV PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THEREIN; (II) YOUR VIEWING OF THE SHOW; (III) ANY USER CONTENT, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER CONTENT; (IV) ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SERVICE YOU MAY SHARE CONTENT THROUGH AND ANY SPONSOR WEBSITE; (V) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED AT WWW.CONTROLTV.COM OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE; (VI) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICE; (VII) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; (VIII) ANY VIRUSES, WORMS, CANCELBOTS, TROJAN HORSES OR ANY SOFTWARE, CODE OR SCRIPT THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (IX) ANY MODIFICATION, DELETION OR ADDITION TO YOUR USER CONTENT BY ANY OF THE CONTROLTV PARTIES OR ANOTHER USER; (X) ANY INVASION OF RIGHTS OF PRIVACY AND PUBLICITY OF ANY PERSON; (XI) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (XII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (XIII) ANY OUTCOME OR DETERMINATION OF ANY USER VOTE CARRIED OUT THROUGH THE SERVICE, WHETHER OR NOT SUCH OUTCOME IS THE SAME AS ANY VOTE CAST BY YOU OR ANY INDIVIDUAL USER; (IX) ANY OTHER OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY USE OR VIEWING (OR ATTEMPTED USE OR VIEWING) OF CONTENT IN COUNTRIES IN WHICH IT IS UNLAWFUL TO USE OR VIEW SUCH CONTENT.
IN NO EVENT SHALL ANY OF THE CONTROLTV PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO CONTROLTV HEREUNDER AS OF THE DATE OF ANY SUCH CLAIM. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONTROLTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONTROLTV’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE CONTROLTV SITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE SERVICE. ONLY IN THE EVENT THE FOREGOING LIMITATIONS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, SAVE IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY CONTROLTV’S NEGLIGENCE OR THE NEGLIGENCE OF CONTROLTV’S EMPLOYEES, OR WHERE CONTROLTV HAS ACTED FRAUDULENTLY, CONTROLTV’S TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ANY LOSSES SUFFERED BY YOU WILL NEVER EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO CONTROLTV IN THE MONTH DURING WHICH THE LOSSES AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CONTROLTV’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Service is controlled and operated from facilities located in the United States. ControlTV makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
ControlTV reserves the right to terminate your access to this Service, your account (if you have one) and/or this Agreement at any time with or without cause or notice. Any person who holds such a suspended or terminated account must not seek to use or re-register on the Service without ControlTV’s prior consent.
Severability. In the event that any provision (or any part of such provision) of these Terms is held to be illegal, invalid or unenforceable, such provision (or part) will be severed and: (1) it shall be deemed replaced by an alternative provision (or part) which approximates as closely as lawfully possible in terms of substance and effect the provision or part severed; and (2) the remainder of these Terms shall continue in full force and effect.
No Waiver. If you breach this Agreement and ControlTV takes no action against you, ControlTV will still be entitled to enforce ControlTV’s rights against you in relation to that breach subsequently and to use ControlTV’s rights and remedies in any other situation where you breach these Terms.
Remedies. In no event may you terminate the rights granted hereunder, and you agree that you shall not be entitled to obtain injunctive relief or other equitable relief with respect to the rights granted hereunder, the Show or the Service.
Assignment. You acknowledge and agree that ControlTV shall be free to sell, assign, license, mortgage, encumber or otherwise transfer this Agreement and/or any or all of its rights hereunder, and/or to delegate any or all of its duties hereunder at any time and from time to time to any person or entity. You are not permitted to assign any of the rights granted hereunder or delegate any obligations hereunder to any person or entity.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, excluding only its conflict of law provisions. Any action you, any third party or ControlTV bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or federal Courts located in the State of California, and you expressly consent to the jurisdiction of said courts, waiving any jurisdictional venue or inconvenient forum objections to such courts.
Arbitration. For any claim under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. ControlTV may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on ControlTV’s website, as determined by ControlTV in ControlTV’s sole discretion. ControlTV reserves the right to determine the form and means of providing notifications to ControlTV’s Users, provided that you may opt out of certain means of notification as described in this Agreement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms if Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement. This Agreement, together with any other legal notices and agreements published by ControlTV via the Service, shall constitute the entire agreement between you and ControlTV concerning the Service.
Please contact ControlTV at [email protected] with any questions regarding this Agreement.