| Terms of Service
Welcome to the ICTV, Inc. (“ICTV”) web site. These
Terms of Service (“TOS”) govern your access to
and use of this web site and any information, content or material
appearing on this web site. Your right to access and use this
web site is expressly conditioned on your compliance with
the terms and conditions set forth or incorporated into these
TOS. Please read these TOS carefully. By accessing or using
this web site, you agree to be bound by these TOS.
ICTV may modify these TOS from time to time. By continuing
to access or use this web site, you agree to be bound by the
revised TOS. The most current TOS can be found on our terms
and conditions page.
Safeguarding User Name and Password
Customers and partners of ICTV may be provided user names
and passwords to access particular areas of this web site.
Please safeguard your user name and password. You accept responsibility
for any use of this web site under your user name and password.
You will promptly notify ICTV if you become aware of any unauthorized
use of your user name and password.
Termination
You acknowledge and agree that ICTV has the right to terminate
your right to access and use this web site if you violate
these TOS or any other agreements or guidelines associated
with your use of this web site. ICTV reserves the right to
discontinue providing or to change this web site at any time
and without notice.
Privacy Policy
ICTV respects the privacy of others. These TOS incorporate
the terms of ICTV’s Privacy Policy, which may be found
on our privacy
policy page.
Proprietary Rights
ICTV and its licensors own all right, title, and interest
in and to this web site and all information, content, text,
graphics, or other materials appearing on this web site. This
web site is protected by copyright, trademark and other laws
of the United States and foreign countries. Except as expressly
permitted in these TOS, you may not reproduce, modify or prepare
derivative works based upon, distribute, sell, transfer, publicly
display, publicly perform, transmit or otherwise use this
web site, or any portion thereof. You may not use this web
site on or in connection with any other web site, for any
purpose.
Trademarks
ICTV, the ICTV logo, and all other ICTV trademarks, service
marks, product names, and trade names of ICTV appearing on
this web site are owned by ICTV. All other trademarks, service
marks, product names, and logos appearing on this web site
are the property of their respective owners. You may not use
or display any trademark, service mark, product name, trade
name or logo appearing on this web site without the owner’s
prior written consent.
User Conduct
As a condition to your use of this web site, you agree not
to:
a. interfere with or disrupt this web
site or any systems or networks connected to this web site;
b. attempt to access or use any secured
areas of this web site or circumvent any security or authentication
measures;
c. attempt to probe, scan or test the vulnerability
of this web site or any systems or networks connected to
this web site;
d. reverse engineer, decompile or disassemble
any of the software used to provide this web site;
e. attempt to access or search this web
site with any engine, software, tool, agent, device or mechanism
other than the software and/or search agents provided by
ICTV or other generally available third party web browsers
(such as Microsoft Internet Explorer or Netscape Navigator);
f. attempt to obtain, collect, store or
modify any personal information of other users of this web
site;
g. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information,
content or material transmitted through this web site;
h. upload, post, email, transmit or otherwise
make available any information, content or material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment. |
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ICTV reserves the right to investigate and prosecute violations
of any of the above to the fullest extent of the law. ICTV
may involve and cooperate with law enforcement authorities
in prosecuting users who violate these TOS.
Links
This web site may provide links to third-party web sites.
The inclusion of any link on this web site does not imply
that ICTV endorses, recommends or is affiliated with any linked
web sites or the content, products or services on or available
from such web sites. You acknowledge sole responsibility for
and assume all risk arising from your use of any such web
sites.
Disclaimer of Warranties
This web site is provided “As Is”. ICTV makes
no warranty or representation of any kind, express or implied,
as to the operation of the web site or the quality, accuracy,
timeliness, truthfulness, completeness or reliability of any information, content or material downloaded or otherwise obtained through this web site. To the maximum extent permitted by applicable law, ICTV disclaims any and all warranties of merchantability,
fitness for a particular purpose and non-infringement. ICTV makes no warranty that this web site will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Some jurisdictions do not allow certain of the above limitations, so they may not apply to you, in which case, to the extent any statutory (implied) warranties remain, they are limited to the longer of one year or their minimum duration in such jurisdictions.
Limitation of Liability
Neither ICTV nor any other party involved in creating, producing or delivering this web site will be liable for any incidental, special, consequential or punitive damages, including, without limitation, loss of profits, information or data or business interruption, arising from your use of or inability to use this web site, whether or not ICTV has been informed of the possibility of such damage. You agree that ICTV's aggregate liability to you for any and all claims arising from the use of this web site is limited to $100. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, or for physical injury or death, so the above limitations may not apply to you to their full written extent.
Notice
ICTV may provide you with notices, including those regarding
changes to this web site by email, regular mail or by postings
on this web site.
General
These TOS are the entire and exclusive agreement between ICTV
and you regarding this web site, and these TOS supersede and
replace any prior agreements between ICTV and you regarding
this web site. These TOS will be governed by and construed
in accordance with the laws of the State of California, without
regard to or application of conflicts of laws rules or principles.
Any legal action or proceeding arising under these TOS will
be brought exclusively in the federal or state courts located
in the Northern District of California and you and ICTV hereby
irrevocably consent to the personal jurisdiction and venue
therein and waive any objections thereto. The failure of either
party to exercise or enforce any right or provision of these
TOS will not be deemed a waiver of such right or provision.
If any provision of these TOS is held to be invalid or unenforceable,
the remaining provisions of these TOS will remain in full
force and effect.
If you have any questions about these TOS please contact ICTV
at
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