·
Your
Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the TVPC.com.com domain name, the "TVPC.com
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS
AND CONDITIONS. If you do not agree to any of these terms, then please do not
use the TVPC.com Website.
Before using our website even as a passing visitor, and if
you choose to set up an account with TVPC.com Inc. (herein referred to as
"we," "us," or "TVPC.com"), please read the
following Terms of Service ("Terms") carefully. If you
("you") agree to these Terms and desire to use the TVPC.com service
("TVPC.com Service"), please click the "Sign Up" button.
Following this process will represent a binding agreement between you and TVPC.com.
To decline acceptance, click the "Cancel" or "Exit" button.
Note that any breach of these Terms may result in termination of our Service to
you.
TVPC.com reserves the right to change these Terms from
time to time. For updated Terms, please refer to this site occasionally for any
changes.
1.
Content Linked by TVPC.com
TVPC.com
provides a web interface you may access to view text, image and video content
posted by third parties. TVPC.com does not produce or post content (including
bit torrent content) on any sites. TVPC.com cannot and does not screen the
sites or its contents before including them in the indices from which such
automated search results are gathered. A search using TVPC.com Services may
produce search results and links to sites that some people find objectionable,
inappropriate, or offensive. The content linked to by TVPC.com Services are
developed by other people. TVPC.com does not have any control over these people
and their actions. TVPC.com has no control over the quality, origin or legality
of the content that can be accessed from TVPC.com. We cannot guarantee that a TVPC.com
search will not locate unintended or objectionable content and assume no
responsibility for the content of any site included in any search results or
otherwise linked to by the TVPC.com Services. Content accessed directly or
indirectly by TVPC.com Services may be subject to copyright protection and
other restrictions imposed by the holder of the copyright to such content. You
are solely responsible for determining whether your use of such content is
lawful. If you follow a link to a third party site, it is your responsibility
and in your best interest to become familiar with such third party site's
privacy and other policies and terms and conditions of service.
2.
Legal Age Requirements
You must be at least 13 (thirteen) years of age to
use our TVPC.com Service. If you or your parent or guardian has any concerns,
please click here to contact
us.
3.
Access to Your Account
We need to
be able to access your account, and you hereby grant permission for us to
access your account for the following reasons:
To keep up our TVPC.com Services and TVPC.com site to you
and develop and expand new and useful services and features; and
To follow a court order, complaint, subpoena or a legal
request or inquiry from a governmental authority or in accordance with
applicable laws and regulations.
4.
Canceling or Modifying the TVPC.com Service
TVPC.com retains the right to cancel the TVPC.com
Service, remove content in accounts or to discontinue accounts at any time. We
may do so at our sole discretion.
5.
Reverse Engineering Prohibited
You may
not, nor may you allow or aid or abet any third party (whether or not for your
benefit) to copy or adapt any code that comprises TVPC.com site's software,
HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble,
modify or attempt to discover any source code used to generate the TVPC.com
site or any software or other products or processes accessible through the TVPC.com
site, nor insert any code or product to manipulate the content in any way that
affects any user's experience. Unless otherwise expressly authorized in these
Terms or on the TVPC.com site, you further agree that you will not, in whole or
in part, modify, reproduce, archive, transfer by any means, create derivative
works from, publish in any form, online or offline, disseminate, or circulate
to any third-party, or otherwise use the content in any way for any public or
commercial purpose.
6.
Third Party Sites
Your
dealings or communications through TVPC.com Services with any party other than TVPC.com
are solely between you and that third party. We do not endorse, verify, make
any representations, or take responsibility for the content, truthfulness,
accuracy, quality or completeness of the content or activities conducted on any
third party web sites. Any complaints, concerns or questions you may have
relating to materials provided by third parties should be forwarded directly to
the third party. YOU AGREE THAT TVPC.com WILL NOT, UNDER ANY CIRCUMSTANCES, BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR
COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE
ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the TVPC.com site to any product, process, publication or service
of any third party by trade name, domain name, trademark, trade identity,
service mark, trade identity, logo, manufacturer or otherwise does not
constitute or imply its endorsement or recommendation by TVPC.com. Users are
requested to inform TVPC.com of any errors or inappropriate material found on
web sites to which TVPC.com's site is or may be linked.
7.
User Forums
Forums,
message boards, chat rooms, online diaries, or other interactive areas on the TVPC.com
site ("User Forums") are provided to give users a forum to share
their content, ideas, opinions and information. TVPC.com does not endorse the
content posted in User Forums. TVPC.com does not and cannot review every
message posted by users in User Forums. TVPC.com reserves the right, but is not
obligated, to delete, move or edit content, in whole or in part, submitted by
you to a User Forum for any reason in TVPC.com's sole discretion. Please note
that, generally, information you submit in a User Forum will be accessible by
other users of the TVPC.com Services.
8.
Restrictions on Use
You agree not to do any of the following while
using TVPC.com's Services:
·
harass,
stalk or otherwise abuse another user;
·
transmit
or otherwise make available any content that is false, harmful, threatening,
abusive, tortious, defamatory, libelous, disparaging (including disparaging of TVPC.com),
vulgar, obscene, pornographic or that promotes violence, racial hatred,
terrorism or illegal acts, or is otherwise objectionable (as determined by TVPC.com
in its sole discretion);
·
transmit
or otherwise make available any content that is unlawful or infringes, violates
or misappropriates any patent, trademark, trade identity right, trade secret,
publicity right, privacy right, copyright or any other intellectual property or
any other rights of any third party;
·
upload
or transmit viruses, Trojan horses or other harmful, disruptive or destructive
files or post material that interferes with any third party's uninterrupted use
and enjoyment of the TVPC.com site.
·
impersonate
any person or entity, or otherwise disguise the origin of any content
transmitted through TVPC.com Services or to TVPC.com, including forging any
TCP/IP packet header or any part of the header information in any transmission
to the TVPC.com site for any reason;
·
transmit
or otherwise make available through the TVPC.com site any personal advertising,
junk mail, spam, chain letters, pyramid schemes or offer for sale of any
products or services, except in areas specifically designated for such
purposes; or
·
violate
any applicable local, state, federal or international law, rule or regulation.
9.
Copyrighted Material
Materials,
information and content found with TVPC.com Services may be protected by
copyright and other applicable laws. You may not distribute or copy such
material without the written permission of the copyright owner. TVPC.com does
not condone posting, reproduction or distribution of content by anyone other
than the copyright holder or the copyright holder's authorized agents. TVPC.com
RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE
ACCOUNTS OF TVPC.com USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE
INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act. See "DMCA Compliance" at the
bottom of this webpage.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
MISUSE OF ANY COPYRIGHTED CONTENT IS STRICTLY PROHIBITED.
10.
Privacy Policy
When you
create an account with TVPC.com, you will provide some personal information,
such as your name, e-mail address, and mailing address. We will protect and
only use this information as noted in our Privacy Policy. If you choose to
provide information through your TVPC.com account, you agree to provide only
true, accurate, current and complete information. When you create an account,
you agree to accept responsibility for all activities that occur under your
account or password, if any, and agree you will not sell, transfer or assign
your account. You are responsible for maintaining the confidentiality of your
password, if any, and for restricting access to your computer so that others
may not access any password protected portion of the TVPC.com site using your
name in whole or in part.
11.
Request for Removal of Links
TVPC.com
considers requests to remove links from its indices on a case by case basis.
Please note that TVPC.com's indices consist of information that has been
identified, indexed and compiled through an automated process with no advance
review by persons. TVPC.com cannot and does not screen anything made available
through its indices. For each web site reflected in TVPC.com's indices, if
either (i) a site owner restricts access to his or her web site or (ii) a site
is taken down from the web, then, upon receipt of a request by the site owner
or a third party in the second instance, TVPC.com would consider on a
case-by-case basis requests to remove the link to that site from its indices.
However, if the operator of the site does not take steps to prevent it, the
automatic facilities used to create the indices are likely to find that site
and index it again in a relatively short amount of time.
12.
Indemnification
As a TVPC.com
customer, you agree to defend, indemnify and hold harmless TVPC.com Inc., our
officers, directors, employees, consultants, licensors, agents, suppliers and
any third-party information providers to the TVPC.com Service from and against
all damages, losses, expenses and costs, including reasonable attorneys' fees,
resulting from any violation of these Terms or of TVPC.com Service or any
activity or event related to your account (including negligent or wrongful
conduct) by you or any other person accessing the TVPC.com Service using your
account.
13.
Governing Law and Claims
Information
contained on this TVPC.com site may not be appropriate or available for use in
other locations, and access to TVPC.com Services where the content of TVPC.com's
site may be illegal is prohibited. If you access TVPC.com Services from other
locations, you do so on your own initiative and you are solely responsible for
compliance with applicable laws. These Terms will be governed by the laws of
the
14.
Export You are responsible for compliance
with all city, state and local laws, and you are required to comply with laws
and regulations when you use or export any materials, content or images
provided through the TVPC.com Service.
15.
Disclaimer of Warranties THE CONTENT AND/OR MATERIALS
AVAILABLE THROUGH TVPC.com'S SITE ARE PROVIDED ON AN "AS AVAILABLE"
AND "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TVPC.com
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TVPC.com
MAKES NO WARRANTY THAT ITS SITE, ACCESS TO ITS SITE OR SERVICES WILL BE
UNINTERRUPTED, TIMELY, ERROR FREE, OR SECURE, OR THAT THE TVPC.com SITE OR OUR
SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TVPC.com MAKES NO
WARRANTY REGARDING ANY SOFTWARE, MATERIALS, IMAGE QUALITY, GOODS, SERVICES,
SPECIAL OFFERS, OR THE DELIVERY OF ANY GOODS OR SERVICES, ACCESSED, PURCHASED
OR OBTAINED THROUGH TVPC.com'S SITE OR ADVERTISED THROUGH TVPC.com'S SITE OR
ANY OTHER SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TVPC.com SERVICES,
AS WELL AS FOR ANY INFORMATION OR CONSENT RECEIVED THROUGH ANY LINKS PROVIDED
IN THE TVPC.com SERVICES.
16.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY
LAW, UNDER NO CIRCUMSTANCES SHALL TVPC.com BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TVPC.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE
OR THE INABILITY TO USE TVPC.com ?S SITE, MATERIAL, IMAGES OR SERVICES, FROM
ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES;
THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING
ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL TVPC.com BE
LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN
AMOUNT GREATER THAN FIFTY DOLLARS ($50). Without limiting the foregoing, under
no circumstances shall TVPC.com or its licensors be held liable for any delay
or failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
17.
Miscellaneous TVPC.com at any time may assign
our responsibilities and rights hereunder without notice to you. If any part of
this Agreement is held to be invalid or unenforceable, then the invalid and/or
unenforceable provision will be deemed superseded by a valid, enforceable
provision most closely matching the intent of the original provision and the
remainder of the Terms will continue in effect. These Terms constitute the
entire agreement between you and TVPC.com with respect to this TVPC.com Service
and supersede all other communications, written or oral, with regard to the TVPC.com
Service.
18.
Contact Us If you have any questions,
comments or concerns about our TVPC.com Services or these Terms of Use, you may contact us: info@tvpc.com
19.
Effective Date The EFFECTIVE DATE of these Terms
is January 1 2008.