Acceptance of Terms
Link TV provides a collection of online resources (referred to hereafter as “the Service”), subject to the following Terms which may be updated by Link TV from time to time. Your use of this Site and the Service signify your complete acceptance of these Terms. Link TV will provide notice of changes to the Terms by posting the new Terms on the Site. All such changes in the Terms shall be effective from the effective date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with Link TV in any way, your only recourse is to immediately discontinue use of the Site and its Services.
Link TV Content
You understand that all material transmitted through, or linked from the Service are the sole responsibility of the person from whom such material originated. Furthermore, the Link TV site and material available through the Service may contain links to other websites, which are completely independent of Link TV. Those links do not imply any endorsement by Link TV and Link TV makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Link TV retains full copyright ownership, rights and protection in all material contained on the site (including all software, HTML code and other code). None of the material contained in the site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of Link TV. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. All content of the site is owned by Link TV. All rights are reserved.
Link TV’s logos are trademarks are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this Site are the property of their respective owners. Your unauthorized use of trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.
By posting content or communicating with other registered users, that information is visible to other users of the Site. Be aware that if you actively comment, blog, or post content or participate in chat rooms or similar community forums which may become available on the Site, then any personal information you provide will be accessible to all registered users. You should also be aware that any information that is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site. We encourage you to take advantage of the opportunity to interact with our users of the Site by posting and reading User Content and participating in online forums. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Content. We do not verify the identity of people using our Site. You use the Site and the User Content at your own risk.
Posting of User Content Requirements
All content that you post to the Site must comply with these Terms and the unacceptable materials requirements. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
License of Rights
By submitting content to the Site, you grant to Link TV, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Link TV, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through the Service, your use of the Service or Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Link TV, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.
If you believe that any postings on the Site violate these Terms, please let us know by clicking on the “Contact Us” link at the bottom of any page on the Site, and then fill out the provided contact form. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Link TV has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any user content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Att: DMCA Agent
Post Office Box 2008
San Francisco, CA 94126-2008
Disclaimer of Warranties
YOU AGREE THAT USE OF THE EBTSCREENWRITING.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EBTSCREENWRITING.COM SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, LINK TV (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY AND PERFORMANCE OF THE LINK TV SITE AND THE SERVICE. (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LINK TV SITE OR THE SERVICE OR ACCESSED THROUGH ANY LINKS ON THE LINK TV SITE, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH LINK TV OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL LINK TV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LINK TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LINK TV SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LINK TV SITE OR THE SERVICE, FROM THE INABILITY TO USE THE LINK TV SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LINK TV SITE OR THE SERVICE, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LINK TV SITE OR THE SERVICE OR ANY LINKS ON THE LINK TV SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LINK TV SITE OR THE SERVICE OR ANY LINKS ON THE LINK TV SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF LINK TV AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO LINK TV. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Sweepstakes, Contests and Promotions
Any sweepstakes, contest or similar promotion made available through the Sites or for which Link TV may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
You agree to indemnify and hold Link TV, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person or entity.
This agreement shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Link TV (‘Dispute”) shall lie in the state or federal courts located in San Francisco, CA. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Link TV, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, License of Rights, User Responsibility, Governing Law, Disclaimer of Warranties, Limitations of Liability, Indemnity, General Information and Privacy shall survive any such termination.
Effective Date: April 30, 2010
© 2010 Link TV.
Link TV regards your online privacy as an important and serious matter. We have created this privacy statement in order to demonstrate our commitment to this issue. The following discloses our information gathering and dissemination practices for the LinkTV web site.
We will not use IP addresses when recording any feedback or polling you might offer. An IP address is a number assigned to the computer that is requesting a Web page from our site. Usually it is not your personal computer, but a computer used by your Internet service provider or company network. LinkTV uses IP addresses to help diagnose problems with our server, to administer our Web site, and to report aggregate information.
Link TV offers the opportunity for visitors to request email bulletins, partake in surveys and contests or offer feedback. Some of these forms require contact information or demographic information. Your contact information is only used as you have requested. We will not pass your private information on to third parties. Any information reported to underwriters or partners is on an aggregate, not an individual, basis. You may opt-out of receiving future mailings. Please see the Choice/Opt-Out section below.
Our site will use an order form when customers purchase merchandise from us or make donations. We collect customers' contact information (like their email address) and financial information (like credit card numbers). Contact information from the order form is used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for the merchandise or donation. Contact information and financial information are kept private and are used for no other purpose than what is indicated above.
Any financial information provided by users is sent via a secure server and encrypted for user protection. Link TV does not store or retain credit card numbers after a purchase has been completed. Link TV uses the industry standard SSL security protocol to encrypt all information you submit. This protocol ensures that sensitive data, such as credit card numbers, addresses, phone numbers, etc. cannot be read or intercepted in transit. Link TV encourages all users to upgrade to 128-bit encryption to ensure privacy on financial transactions.
In the future, we may display some ads of our sponsors on our site. Link TV has partnerships with other companies and links to other Web sites. Link TV is not responsible for the privacy practices or the content of such Web sites.
This site may make use of chat rooms, forums, message boards, and/or news groups available to our users. You must register in order to participate in these forums. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Any financial information provided by users is sent via a secure server and encrypted for user protection.
You may manage your communication settings in your member profile.
Link TV presents opportunities for visitors to submit video commentary. Submission Terms.
If you would like more information about your online privacy rights, visit the Electronic Frontier Foundation's website.