We reserve the right, at our discretion, to modify these Terms, which will be effective 10 days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Site. You should continue check the Site for changes Your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will mean You accept those changes.
1. Your Acceptance
2. Ability to Accept Terms
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with TVersity, or (b) you are a person barred from receiving the Siteâ€™s services under the laws of the country in which you are resident or from which you use the Site.
3. Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download or access from the Site (the “Software”) is the copyrighted work of TVersity. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
4. Website Access
A. TVersity hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without TVersityâ€™s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
B. In order to access some of the services of the Site, You may have to create an account. You may never use another’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 must keep Your account password secure. You must notify TVersity immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of TVersity or others due to such unauthorized use. TVersity will not be liable for Your losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to the TVersity servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. TVersity grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TVersity reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
D. TVersity has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.
5. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (”Content”) and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to TVersity. Content on the Site is provided to You â€œAS ISâ€ for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without TVersityâ€™s prior written consent. TVersity reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
â€œTVersityâ€, the TVersity logo, and other marks are Marks of TVersity or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
6. User Submission
A. The Site permits the submission of Content by You and other users (â€œUser Submissionsâ€) and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, TVersity does not guarantee any confidentiality with respect to any User Submissions. TVersity has complete discretion whether to publish Your User Submissions. You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them. TVersity has the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submission) at any time and for any reason. Without limiting the foregoing, TVersity has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by You.
B. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize TVersity to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. â€œIntellectual Property Rightsâ€ means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to TVersity, You hereby grant TVersity a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and TVersity’s (and its successor’s) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and You hereby waive any moral rights in Your User Submission, to the extent permitted by law. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
C. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a personâ€™s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
D. You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that TVersity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against TVersity with respect thereto, and agree to indemnify and hold TVersity, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TVersity, its users or the public.
TVersity permits You to link to materials on the Site for personal, non-commercial purposes only.
9. Information Description.
TVersity attempts to be as accurate as possible. However, TVersity cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. TVersity reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
10. Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TVERSITY, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, TVERSITY DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT TVERSITY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT TVERSITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TVERSITY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS’ SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER TVERSITY USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT TVERSITY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. TVERSITY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL TVERSITY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF TVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE TVERSITYâ€™S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless TVersity, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by TVersity without restriction.
Last updated: October 13, 2009