INTELLECTUAL PROPERTY RIGHTS
The content on the Site, except all UGC (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (individually and collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to LATV, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. 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 or the Content therein.
$11. Content on the Site is provided to you AS IS for your information and LATV hereby grants you permission to use the Site as set forth in these Terms and Conditions, provided that: (i) your permitted use of the Site is solely for your personal, noncommercial use; (ii) you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, distribute or otherwise exploit for any other purpose whatsoever any part of the Site in any medium without LATV's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms and Conditions.
$12. In order to access certain Site features, you will need to create an account. You may never use another user’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 at all times. You must notify LATV immediately of any breach of security or unauthorized use of your account. Although LATV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LATV or others due to such unauthorized use.
$1(ii) You hereby understand and agree that LATV does not allow Postings that contain:
$1· profanity, obscenities, or sexual content (whether express or implied);
$1· religious, political, or social commentary;
$1· personal attacks on other people (individually or as a group);
$1· slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images;
$1· user names that would be considered inappropriate under our Terms and Conditions;
$1· materials created by someone else without their express written permission to do so;
$1· solicitation of user passwords;
$1· private or personal information that may identify another user;
$1· links to third party commercial websites;
$1· promotions (including, but not limited to, contests, raffles, lotteries or giveaways) anywhere on the Site (including, but not limited to, all of LATV’s user communication areas) offering prizes of any kind; and
$1· other information that LATV deems, in its sole discretion, to be inappropriate for this site.
$1(iii) (a) You hereby agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our message board service by "spamming" (such as using or launching any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the LATV servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser) or by creating "party boards" (group postings often containing inappropriate content) on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.
$1(b) The Forums and LATV email and instant messenger may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money), or solicitations of any kind or nature. You specifically acknowledge that soliciting users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
$1(c) You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other materials of any kind or nature. Without limiting the foregoing, you hereby grant to LATV the right to use and change the Postings in any manner that LATV may determine.
THIRD PARTY HYPERLINKS
USER-GENERATED CONTENT (“UGC”)
$11. For clarity, you retain all of your ownership rights in the material you submit to us (“UGC”), however, uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to LATV a perpetual, royalty-free, irrevocable, sublicenseable and transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, perform, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or hereafter developed or devised throughout the universe in connection with the Site and LATV's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. You also hereby grant each user of the Site a non-exclusive license to access your UGC through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC as permitted through the functionality of the Site and under these Terms and Conditions. You agree not to solicit, for commercial purposes, any users of the Site with respect to their UGC.
$12. You shall be solely responsible for your own UGC and the consequences of posting or publishing it. In connection with UGC, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize LATV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all UGC to enable inclusion and use of the UGC in the manner contemplated by the Site and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the UGC to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the UGC in the manner contemplated by the Site and these Terms and Conditions.
$13. In connection with UGC, you further agree that you will not: (i) submit material that 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 or have permission from their rightful owner to post the material and to grant LATV all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage LATV or any third party; (iii) submit material that is unlawful, obscene, 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. LATV does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and LATV expressly disclaims any and all liability in connection with UGC. LATV does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and LATV will remove all the UGC if properly notified that such UGC infringes on another's intellectual property rights. LATV reserves the right to remove the UGC without prior notice. LATV will also terminate a user's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a UGC removed from the Site more than twice. LATV also reserves the right to decide whether the UGC is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. LATV may remove such UGC and/or terminate a user's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
$14. In particular, if you are a copyright owner or an agent thereof and believe that any UGC or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
$1(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
$1(ii) a description of the copyrighted work that you claim has been infringed;
$1(iii) a description of where the material that you claim is infringing is located on the Site;
$1(iv) your address, telephone number, and email address;
$1(v) 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; and
$1(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
LATV’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
LATV Networks, LLC
2323 Corinth Avenue
Los Angeles, CA 90064
Fax: (+ international dialing code) (310) 943-5299
You acknowledge that if you fail to comply with all of the requirements of this paragraph 4 your DMCA notice may not be valid.
$15. You understand that when using the Site, you will be exposed to UGC from a variety of sources, and that LATV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such UGC. You further understand and acknowledge that you may be exposed to UGC that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LATV with respect thereto, and agree to indemnify and hold LATV, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
$16. LATV permits you to link to materials on the Site for personal, non-commercial purposes only. In addition, if LATV provides an "embeddable player" feature, then you may incorporate it into your own personal, non-commercial websites for use in accessing the materials on the Site, provided that you include a prominent link back to the LATV website on the pages containing the “embeddable player.” LATV reserves the right to discontinue any aspect of the Site at any time.
This LATV may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If This LATV Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to charge you for products and services that you request. By giving us your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
Inforrmation Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by LATV to provide additional features at this LATV Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any PII that you provide when signing up at one of those co-branded pages may be shared with our third party partner. Check our partner’s website for information regarding its privacy policies.
Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the LATV family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the LATV family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
With respect to specific registration modules, like survey, contests or sweepstakes, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be sharing with third parties the information collected
Finally, we may share any of the information collected from you with these other non-LATV companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Services
Some of the advertisements that appear on LATV are delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to or use of our Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, see their individual web sites.
We may license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children’s Personal Information
Although this LATV Website is a general audience website, consistent with the Children’s Online Privacy Protection Act:
- This LATV Website does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
- If a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
- If a child posts PII in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
Use of PII
LATV will only use the PII you provide in a manner that is consistent with this Privacy Statement. If LATV obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Statement.
If you receive promotional materials from LATV, and want to stop receiving such materials click the unsubscribe link at the bottom of each promotional email.
LATV may share your PII with companies that are affiliated with us, that is, are part of the LATV. LATV may also share your PII with advertisers and business partners that are not affiliated with LATV, but would like to send you information about their products and services. For example, some of the companies who supply prizes for LATV’s contests may have special offers or promotions that might be of interest to users of the LATV Website. We will not share your PII with such third parties without your permission.
We will not share your credit card information with third parties except those LATV uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through LATV. LATV employees, agents and contractors must have a legitimate business reason to obtain access to your PII. LATV may share your PII with outside contractors or agents who help us manage our information activities (i.e., message boards, sweepstakes administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with administration, judging and prize fulfillment aspects of contest, promotions, and sweepstakes. These outside contractors, agents, or sponsors may only use your PII to provide LATV with a specific service and not for any other purpose without your consent. LATV may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII.
LATV may also customize the advertising and marketing messages you receive on our Site, or may work with outside companies to do so. Your non-PII may be shared with these companies so this customization can be accomplished. LATV prohibits these companies from sharing your information with any third party or from using it for any purpose other than targeting advertising.
LATV may aggregate PII and use it anonymously. Anonymous click stream, number of page views calculated by web beacons, and aggregated demographic information may also be shared with LATV’s advertisers and business partners.
There may be instances when LATV may access or disclose PII or non-PII without providing you with a choice in order to: (i) protect or defend the legal rights of LATV, its employees, agents and contractors (including enforcement of our agreements); (ii) to protect the safety and security of users of the LATV Website or members of the public including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; (iv) or to comply with the law or legal process.
Sale or Merger
If this LATV Website is sold to, or merges with, another company not owned by LATV, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, LATV will seek to obligate the acquiring company to use any PII transferred by this LATV Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
You should be aware that LATV might be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
No third-party licensor shall have any liability for the accuracy or completeness of its materials that appear on this LATV Website, or any component thereof or for delays, lack of authenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Third-party licensors have exclusive proprietary rights to the information received via its materials that appear on this LATV Website. You shall not use or permit anyone to use the information provided by such third-party licensor through this LATV Website for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the third-party licensor of such information. Provision of the information on this LATV Website is subject to termination if any agreement between a third-party licensor and a provider of information distributed through the LATV Website is terminated. The third-party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for any decisions based on the information provided hereby.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
$11. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LATV DISCLAIMS WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. LATV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND LATV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
$12. IN NO EVENT SHALL LATV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,AND/OR SUBSIDIARIES, BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY LATV OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LATV HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT LATV SHALL NOT BE LIABLE FOR UGC 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. YOU AND LATV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LATV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless LATV, its parent corporation, officers, directors, employees and agents, its affiliates, licensees and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your UGC caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site. LATV reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LATV in asserting any available defenses.
$11. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LATV without restriction.
$12. LATV operates and controls the Site from its offices in Los Angeles, California, in the United States of America. LATV makes no representation that the Site is appropriate or available in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
$13. These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from LATV if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other website or source), and all copies thereof, whether or not made under the terms of this agreement.
$14. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
$15. The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the Site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Updated on Friday, June 14, 2013