USER AGREEMENT("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By clicking "I agree" to
this Agreement, you ("User") signify your agreement to these terms and
conditions. If you do not agree to this Agreement please do not use this site
and do not click "I agree". Please check this Agreement periodically for changes
as the owner of this site, InfoTV(R). ("Company")
reserves the right to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement constitutes acceptance of
such changes. The Company reserves the right to terminate a User’s use of this
site at any time without notice and may do so for any breach of this Agreement
or the instructions on this site by User. This Agreement applies to licensors
and advertisers as well.
TERMS OF SALE & REFUND POLICY
By clicking "I agree" the User understands that his/her credit card will be charged $9.95 per month unless otherwise instructed by the User. Upon discontinuation of subscription, the User will continue to have full access to the site for the remaining, already-paid 30-day period but will not be charged for any further use beyond the end of that paid 30-day period. To discontinue your subscription, send your instructions via e-mail to mike11@InfoTV.com
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this
Agreement, the Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and
conditions in this Agreement and as permitted via instructions on this site. You
agree not to make any false or fraudulent statements in your use of or to gain
access to this site. You acknowledge and agree that all content and services
available on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary rights and laws, in the
U.S. and internationally. All rights not expressly granted herein are fully
reserved by the Company, its advertisers and licensors. You agree to pay for any
and all purchases and services made using your name and credit card through this
Site, not to challenge any such charges and to pay for all collections and/or
attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or
contents available on this site, except as expressly allowed through
instructions and truthful statements by the User in regard to use of this site,
from places outside the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations do so knowingly on
their own initiative and voluntarily at their own risk and are responsible for
compliance with local laws. None of the information on this site may be
downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the
National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan,
Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated
Terrorists and international Narcotics Traffickers, Foreign Terrorist
Organizations, and/or designated foreign persons who have engaged in activities
related to the proliferation of weapons of mass destruction or any other country
with restrictions imposed by the U.S. Government. By using this site, you agree
that you are not a citizen of or a resident in any of these
countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY
TO USE, THIS SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES
OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and
hold harmless the Company, its advertisers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use of this site, or any services, information or products
from this site, or any violation of this Agreement. The Company reserves the
right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you shall
cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately
upon receipt of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers, directors, contractors
or employees. In such event, Company may disclose the User’s identity and
contact information, if requested by a government or law enforcement body or as
a result of a subpoena or other legal action, and Company shall not be liable
for damages or results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site
(excluding third party linked sites) is controlled by the Company from its
offices within the State of Nevada, U.S. of America. It can be access from all
50 states as well as from other countries around the world to the extent
permitted by site. As each of these places has laws that may differ from 850
South Boulder Highway, Henderson, Nevada , by accessing this site, both you and
the Company agree that the statues and laws of the state shall apply to any
actions or claims arising out of or in relation to this Agreement or your use of
this site, without regard to conflicts of laws principles thereof. You and the
Company also agree and hereby submit to the filing of any claim only in the
exclusive personal jurisdiction and venue of Nevada and any legal proceedings
shall be conducted in English. The Company makes no representation that
materials on this site are appropriate or available for use in other locations,
and accessing them from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.