IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS SITE,
YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with
any of the terms that follow, or do not agree to be bound by all such terms, do
not use this site.
1. RESTRICTION ON USE
By accessing and using this site (the "Site") you accept without
limitations or qualifications these terms of use ("Terms of Use").
Elites TV ("ETV" or "we" or "us") reserves the
right in its sole discretion to modify, alter or otherwise update these Terms
of Use and you agree to be bound by such modifications, alterations or updates.
We will post changes here and you agree to review these Terms of Use on a
periodic basis. Your continued use of the Site after the posting of any change
in the Terms of Use shall constitute your acceptance to be bound by any such
changes. Please also review the Site’s Privacy Policy
[click here].
The Site contains material which is derived in whole or in part from material
supplied by ETV and other sources, and is protected by U.S. and international
copyright, trademark and other applicable laws. No material (including, but not
limited to, the text, directories, guides, photographs, illustrations,
advertising copy, images, audio, video, as well as the trademarks, logos,
domain names, trade names, service marks and any and all copyrightable
materials contained in and/or on the Site) and no code or software (including,
but not limited to, any source code, object code, images or files incorporated
in or generated by the software or data accompanying such software)
(individually and collectively the "Materials") may be copied,
reproduced, republished, uploaded, posted, publicly displayed, transmitted, or
distributed in any way or decompiled, reverse engineered or disassembled. You
may download Materials from the Site for your personal, non-commercial use,
provided you keep intact all copyright, trademark and other proprietary
notices. Modification of the Materials or use of the Materials for any other
purpose may be a violation of ETV's or such other sources' copyright, trademark
and/or other proprietary rights, and your misuse of the Material is strictly
prohibited. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Materials to a human-perceivable form. The
use of any such Materials on any other web site or networked computer
environment is prohibited.
In addition, you agree not to insert any code or product or manipulate the
Material in any way that affects any user’s experience, and not to use any
data mining, robots, cancelbots, Trojan horse, or any data gathering or
extraction method in connection with your use of the Site. You agree not to
disrupt, interfere with, or otherwise harm or violate the security of the Site,
or any services, system resources, accounts, passwords, servers or networks
connected to or accessible through the Site or affiliated or linked web sites.
You are advised that ETV will aggressively enforce its rights to the fullest
extent of the law, including, without limitation, the seeking of criminal
prosecution against you.
2. SUBMISSIONS/COMMUNICATIONS
If you send a submission (for example, in the context of contests or
sweepstakes), or you send ETV creative materials, including creative
suggestions, ideas, teleplays or screenplays, notes, drawings, concepts or
other information or if you transmit to the Site by electronic mail or
otherwise, communications including any data, questions, comments, suggestions,
or the like (collectively, the "Information"), the Information shall
be deemed, and shall remain, the property of ETV. Subject only to our Privacy
Policy, none of the Information shall be subject to any obligation of
confidence on the part of ETV and ETV shall not be liable for any use or
disclosure of any Information and ETV shall exclusively own in perpetuity,
throughout the universe, any now known or hereafter existing rights to the
Information of every kind and nature and shall be entitled without restriction
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, and distribute or incorporate the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Information. In addition, you warrant that all so-called moral rights in and to
any Information are waived.
By submitting materials to the Site or ETV, you represent that such materials
are accurate and original with you and do not violate the rights of any third
parties, including, without limitation, any intellectual property rights,
rights of publicity and/or privacy.
You should be aware that e-mail submissions over the Internet may not be
secure, and you should consider this before e-mailing ETV any personal or
confidential information.
3. DISCLAIMERS AND LIMITATIONS ON LIABILITY
Your use and browsing of the Site is at your own risk. If you are dissatisfied
with the Site, any of the Materials contained in and/or on the Site, or with
any of these Terms of Use, your sole and exclusive remedy is to discontinue
accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO,
THE SITE OR ITS RELATED INFORMATION OR PROGRAMS, SHALL ETV, AFFILIATED
COMPANIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND
AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING OR PRODUCING, OR DELIVERING
THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY
TO USE, THE SITE. ETV IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR
INFECTIONS, BUGS, VIRUSES, TAMPERING, UNAUTHORIZED INTERVENTION OR
CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR
DELAYS, INACCURACIES, ERRORS, OMISSIONS, FRAUD, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION ARISING OUT OF YOUR USE OF THE SITE OR WITH
RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED
OR OTHERWISE SUPPLIED BY ETV OR ANYONE ELSE. NOTWITHSTANDING ANY OTHER
PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL
ETV'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES, AND/OR CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE)
EXCEED THIRTY DOLLARS ($30).
THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED
"AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, COMPLETENESS, CORRECTNESS
AND VALIDITY OF THE SITE AND/OR ANY MATERIAL RESTS WITH YOU.
Additionally, the Site contains Material which is for entertainment purposes
only and is not a depiction of fact, and shall not be considered factual by
you. Other than for entertainment purposes, you acknowledge and agree not to
rely on such Material. The Site may also contain facts, opinions, views,
statements and recommendations of third party individuals or organizations. The
Site does not represent or endorse the accuracy, currentness or reliability of
any facts, opinions, views, statements and/or recommendation or other
information displayed, uploaded or distributed through the Site. You
acknowledge that ETV does not give tax, legal or investment advice or advocate
the purchase or sale of any security or investment.
ETV cannot ensure that you will be satisfied with any products or services that
may be advertised on the Site or that you may purchase from a third-party site
that may be on, or links to or from the Site, since such merchandise may be
owned and operated by independent retailers. ETV does not endorse any of the
merchandise, nor has ETV taken any steps to confirm the accuracy or reliability
of, any of the information contained in such advertisements or third-party
sites. ETV does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party, and you
hereby irrevocably waive any claim against ETV, its parent, affiliated
companies, affiliates and their respective directors, officers, employees and
agents with respect to such sites. ETV strongly encourages you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
4.
INDEMNIFICATION
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ETV,
AFFILIATED COMPANIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR ALLEGED CLAIMS,
ACTIONS OR ALLEGED ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL
LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE
ATTORNEYS’ FEES) ARISING OUT OF OR ACCRUING FROM (A) ANY MATERIALS POSTED
OR OTHERWISE PROVIDED BY YOU THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE
SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON
OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHTS OF PUBLICITY OR PRIVACY, (B) ANY
MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR
RELIANCE BY YOU ON ANY MATERIALS CONTAINED ON THE SITE; (C) ANY NON-COMPLIANCE
BY YOU OF THE TERMS OF USE; (D) ETV’S USE OF ANY INFORMATION YOU PROVIDE;
(E) ANY BREACH OF YOUR RESPONSIBILITIES IN RELATION TO YOUR ACCOUNT AND
PASSWORD, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONFIDENTIALITY;
AND (F) CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS
AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE SITE, INCLUDING
THE INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE.
5. LINKING POLICY
& LINKED SITES
The Material in and on the Site contains intellectual property that is
protected from unauthorized use, copying and dissemination by copyright,
trademark and other laws. If you link to the Site, we require that you follow
these guidelines. The link to this Site must not damage, dilute or tarnish the
goodwill associated with any ETV names and/or intellectual property, nor may
the link create the false appearance that your web site and/or organization is
sponsored, endorsed by, affiliated and/or associated with ETV and/or the Site.
You agree that you will not link to the Site from any online source that is
unlawful, abusive, indecent or obscene, that promotes violence or illegal acts,
that contains expressions of racism, that is libelous, defamatory, scandalous,
or inflammatory or is otherwise inappropriate. If you do link to the Site, you
may link only to the home page, and not to any other page or subdomain of the
Site. Under no circumstances may you "frame" the Site or alter its
intellectual property or Material in any way. ETV reserves the right, in its
sole discretion, to terminate a link with any web site that it deems
inappropriate or inconsistent with the Site and/or these Terms of Use.
In addition, please note that ETV is not necessarily affiliated with web sites
which may be linked to the Site ("Linked Sites") and is not
responsible for their content. The Linked Sites are for your convenience only
and you access them at your own risk. Users are requested to inform ETV of any
errors or inappropriate material found on such Linked Sites.
6. USER FORUMS
The Site may include bulletin boards, chat rooms or other user forums
("Forums"). Any Forums are provided to give users an interesting and
stimulating forum to express their opinions and share their ideas and
information. Please be aware that certain message boards and similar user
forums may disclose a user’s IP address along with the user’s name
and message. To protect your safety, please use your best judgment when using
these forums, and consider carefully whether you want to disclose any
information that can be used to identify or locate you.
ETV is not responsible for any material posted on the Forums, and it is a
condition of your use of the Forums and the Site that you shall not upload,
transmit, distribute, post or otherwise publish through such Forums and/or any
portion of the Site any content that:
1. Violates any law;
2. Libels, defames, disparages, threatens, is obscene, false, misleading,
deceptive, fraudulent, inaccurate, unfair, hateful, racist, harassing, vulgar,
pornographic, abusive, threatening, profane or indecent, including images and
language, or discriminates on the grounds of race, religion, origin, age,
disability, sexual orientation or marital status or refers to such matters in
any manner prohibited by law;
3. Infringes any intellectual property rights of a person or entity, including,
without limitation, violating a copyright or trademark or other proprietary
right or derivative work with respect thereto;
4. Violates or infringes upon the rights of others, including material which is
an invasion of privacy or publicity rights;
5. In any way exploits any information, software or other material for
commercial purposes or which contains advertising, promotion or marketing;
6. Solicits gambling or engages in any gambling activity;
7. Contains a virus or other harmful component;
8. Advocates illegal activity, violates any local, state, national or
international law, rule, guideline or regulations, or otherwise creates
liability;
9. Unfairly interferes with any third party’s uninterrupted use and
enjoyment of the Site and/or violates any right of ETV;
10. Advertises or otherwise solicits funds or is a solicitation of funds for
goods or services or solicits any illegal act.
While ETV does not and cannot review every message posted by users in the
Forums, and is not responsible for the content of these messages, ETV reserves
the right to delete, move, or edit messages that it, in its sole discretion,
deems to be in violation of the above listed guidelines or that it otherwise
deems to be abusive, harmful or unacceptable. You acknowledge that ETV reserves
the right to, and may from time to time, monitor any and all information
transmitted or received, for operational and other purposes. Use of the Site
constitutes consent to such monitoring.
7. MEMBERSHIP & REGISTRATION
Certain areas and/or services offered via the Site may require registration or
may otherwise ask you to provide information to participate in certain features
or access certain content. The decision to provide this information is purely
optional; however, if you elect not to provide such information, you may not be
able to access certain content or features or participate in various areas
and/or services offered via the Site. You may also provide information to the
Site in other contexts, including, for example, in order to enter a
sweepstakes, contest or promotion. Please note that sweepstakes, contests or
promotions offered via the Site may be governed by a separate set of rules
that, in addition to describing such sweepstakes, contest or promotion, may
have eligibility requirements, such as certain ages or geographic areas. It is
your responsibility to read such rules to determine whether or not your
participation, registration and/or entry is valid. When you register or
otherwise provide information to the Site, you agree to provide only true,
accurate, current and complete information on all registration pages.
If you register with the Site or any portion thereof otherwise choose to become
a member of the Site, you agree to accept responsibility for all activities
that occur under your account or password, and agree you will not sell,
transfer or assign your membership or any membership rights. You are
responsible for maintaining the confidentiality of your password and for
restricting access to your computer so that others may not access the password
protected portion of the Site using your name in whole or in part. The Site
reserves the right to terminate your access to the Site to any person who
violates these Terms of Use.
8. TERMINATION
These Terms of Use are effective until terminated by either party. You may
terminate these Terms of Use at any time by destroying all Materials obtained
from the Site and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise, and by
not accessing the Site at any time in the future. Should you access the Site in
the future, you will be subject to, and agree to be subject to, the then
current Terms of Use.
ETV reserves the right to modify or discontinue this Site, or any portion
thereof (including Forums) without notice to you or any third party. Upon
termination or demand by ETV, you must destroy all Materials obtained from this
Site and all copies thereof, whether made under the terms of this agreement or
otherwise.
In the event of any termination, the restrictions imposed on you with respect
to Materials downloaded from the Forums and all disclaimers, representations
and warranties, indemnifications and all provisions regarding intellectual
property, submissions and communications, termination, governing law and
limitations of liabilities set forth in this agreement shall survive.
9.
COPYRIGHTS
ETV respects the intellectual property of others and we ask our users to do the
same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please promptly provide us with the following
information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the Site;
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are either the copyright
owner or authorized to act on the copyright owner's behalf.
10.
MISCELLANEOUS
This Site is controlled and operated by ETV from its offices in Texas, in the
United States of America. ETV makes no representations or warranties that
Materials in and/or on this Site are appropriate or available for use in other
locations. Those who choose to access this Site from other locations do so at
their own risk and are responsible for compliance with any and all local laws,
if and to the extent local laws are applicable. No software from this Site may
be downloaded, exported or reexported into (or to a national or resident of)
any countries that are subject to U.S. export restrictions.
Software from this Site is further subject to United States export controls and
may not be downloaded by any person or entity prohibited by any U.S. law, rule,
regulation or order or otherwise exported or reexported into any country to
which the U.S. has embargoed goods.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the State of Texas without giving effect to any principles of
conflicts of law and will specifically not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, if otherwise
applicable. Any action you bring to enforce these Terms of Use or any matters
related to this Site shall be brought in either the State or Federal Courts
located in Galveston County, Texas within ninety (90) days after the occurrence
of the facts giving rise to the cause of action, otherwise the cause shall be
forever barred. If any provision of this agreement is void or unenforceable in
whole or in part, the remaining provisions of this agreement shall not be
affected thereby.
11. CONTACT US
For questions or comments regarding these Terms of Use and/or the Site please
contact: admin@elitestv.com
These Terms of Use were last updated on September 1, 2002.
Email webmaster
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